HomeMy WebLinkAbout2020-6 - Amending Section 9.04.380 (Replacement to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas) of the Newport Beach Municipal Code to Adopt Local Amendments to the 2019 Edition of the California Fire Code as Set Forth in Title 24, ParORDINANCE NO. 2020-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
9.04.380 (REPLACEMENT TO CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE
FIRE AREAS) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT LOCAL AMENDMENTS TO THE 2019
EDITION OF THE CALIFORNIA FIRE CODE AS SET
FORTH IN TITLE 24, PART 9, OF THE CALIFORNIA CODE
OF REGULATIONS
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property;
WHEREAS, on November 19, 2019, the City Council of the City of Newport Beach
("City Council") adopted Ordinance No. 2019-18, the 2019 Edition of the California Fire
Code ("CFC") with local amendments, however, additional public outreach with the
residents of the Wildlife Urban Interface Areas was necessary;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2019 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions;
WHEREAS, prior to bringing this amendment to the CFC and Title 9 of the Newport
Beach Municipal Code ("NBMC"), City staff met with the public to receive additional
feedback regarding changes to Chapter 49 (Requirements for Wildland-Urban Interface
Fire Areas) and its associated guidelines;
WHEREAS, to aid in efficiency and clarity, Section 9.04.380 is amended with these
modifications to the CFC that are correlated with the findings in Resolution No. 2020-22
adopted by the City Council of the City of Newport Beach on February 25, 2020; and
WHEREAS, when approved, the ordinance and accompanying resolution will be
forwarded to the BSC and the California Department of Housing and Community
Development in compliance with Health and Safety Code Section 17958.7.
Ordinance No. 2020-6
Page 2of8
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 9.04.380 (Replacement to Chapter 49 Requirements for
Wildland-Urban Interface Fire Areas) of Title 9 (Fire Code) of the Newport Beach
Municipal Code is hereby amended to read as follows:
9.04.380 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within a designated Hazard Reduction Zone, Local
Agency Very High Fire Hazard Severity Zone or identified Wildland-Urban
Interface Area shall comply with the requirements of this chapter to mitigate the
conditions where vegetative fuels may readily transmit fire to buildings and
threaten to destroy life, overwhelm fire suppression capabilities, or result in large
property losses.
4901.2 Purpose. The purpose of this code is to provide minimum vegetation
maintenance standards to reduce the severity of exterior wildfire exposure to
buildings, and to decrease the exposure from a building fire to the wildland-urban
interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be responsible for
modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones, identified Wildland-Urban
Interface Areas and Local Agency Very High Fire Hazard Severity Zones located
within the City of Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
Ordinance No. 2020-6
Page 3 of 8
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, identified
Wildland-Urban Interface Areas and Local Agency Very High Fire Hazard Severity
Zones not in compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall
be maintained in accordance with the approved plan and the City's Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standard for
Developments" and G.04 "Fuel Modification Plans and Maintenance Standards for
Conversion from a Hazard Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone and
identified Wildland-Urban Interface Areas shall be maintained in accordance with
the City's Guidelines and Standards G.01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4904.1 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 and existing structures that are increased in size by 2,000 square feet
or more and exceed 50% of the area of the existing structure located on parcels of
land within the City of Newport Beach Hazard Reduction Zone, and Local Agency
Very High Fire Hazard Severity Zones shall be built in accordance with the
regulations found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief or the fire code official shall have the authority
to designate all Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to
Government Code Section 51179(a).
Ordinance No. 2020-6
Page 4 of 8
4904.3 Plans. Fuel modification plans shall be submitted to and approved by the
fire code official prior to the issuance of a building permit. The plans shall be
developed using the criteria set forth in the City's Guidelines and Standards G.02
"Fuel Modification Plans and Maintenance Standard" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.4 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.
4904.5 Issuance of grading or building permits. No grading permit or building
permit shall be issued for new and qualifying additions to existing structures prior
to approval by the fire code official of the submitted fuel modification plan as
required by this section.
4904.6 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 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the requirements of
Section 7A of the California Building Code shall not be less than three feet (915
m) from an adjacent property line. A three foot wide area shall be maintained free
of obstructions at all times.
Exception: Refuse cans for residential use
4905.2 Combustible construction prohibited. No attached or detached
buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or
placed in the 20 -foot Zone A setback, as described in the City's Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standards For
Developments" unless completely constructed of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONE MAP
4906.1 Map. The Fire Chief and fire code official shall cause an official map of the
Hazard Reduction Zones to be prepared. The City Council shall adopt or has
adopted by ordinance a map of the Local Agency Very High Fire Hazard Severity
Zones. These maps shall be reviewed, updated or amended as deemed
necessary.
Ordinance No. 2020-6
Page 5of8
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4907.1 General. Defensible space will be maintained around all buildings and
structures in a State Responsibility Area (SRA) as required in Public Resources
Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title
14, Division 1.5, Chapter 7, Subchapter 2, Section 1270 et seq.
Buildings and structures within the Very -high Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in
Government Code Sections 51175-51189 and any local ordinance of the authority
having jurisdiction.
4907.2 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 Local Agency Very High Fire Hazard Severity Zones, any internal
combustion engine which uses hydrocarbon fuel, unless the engine is equipped
with a spark arrestor as defined in Section 4907.4 of the Fire Code and maintained
in effective working order, or the engine is constructed, equipped and maintained
for the prevention of fire pursuant to this Code.
4907.3 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.
4907.4 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.
4907.5 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.
Ordinance No. 2020-6
Page 6 of 8
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE
HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief or fire code official shall determine and publicly
announce when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry. Entry on and
occupation of Local Agency Very High Fire Hazard Severity Zones, except public
roadways, inhabited areas or established trails and camp sites which have not
been closed during such time when the Local Agency Very High Fire Hazard
Severity Zone is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very High Fire
Hazard Severity Zones and their invitees and guests going to or being upon their
lands.
2. Entry in the course of duty by peace or police officers, other duly authorized
public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES; AND HAZARD REDUCTION ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other devices,
machines or processes liable to start or cause a fire shall not be operated or used
in or upon Local Agency Very High Fire Hazard Severity Zones, except by permit
from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet (914 m)
from grass or brush 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 a Local Agency Very High Fire
Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or maintained in
or upon Local Agency Very High Fire Hazard Severity Zones, identified Wildland-
Urban Interface Areas and Hazard Reduction Zones, except by permit from the fire
code official.
Ordinance No. 2020-6
Page 7 of 8
Exception: Fires located within the property boundary of inhabited 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 (9.14
m) from grass or brush covered areas.
Permits shall incorporate such terms and conditions which will reasonably
safeguard public safety and property. Outdoor fires or burning shall not be
conducted in or upon Local Agency Very High Fire Hazard Severity Zones,
identified Wildland-Urban Interface Areas, or Hazard Reduction Zones under the
following conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25
MPH.
2. When a person age 18 or over is not present at all times to watch and tend such
fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor
fireplaces or grills shall not be used for the disposal of rubbish, trash, or
combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in Local Agency
Very High Fire Hazard Severity Zones, identified Wildland-Urban Interface Areas
or Hazard Reduction Zones shall only use natural gas or propane fuel.
Combustible solid fuels are prohibited regardless if a spark arrestor is utilized.
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, lid, or door.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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 invalid or unconstitutional.
Ordinance No. 2020-6
Page 8 of 8
Section 4: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: 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 pursuant to City
Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its
adoption.
This ordinance was introduced at a regularly scheduled meeting of the City Council
of the City of Newport Beach held on the 11th day of February, 2020, and was adopted at
a regular meeting on the 25th day of February, 2020, by the following vote to wit:
AYES: Mayor Pro Tem Avery, Council Member Brenner, Council Member Duffield,
Council Member Herdman, Council Member Muldoon
NAYS:
ABSENT: Council Member Dixon
RECUSED: Mayor O'Neill
ATTEST:
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LEILANII I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
all__ 4_ �
AAR N C. HARP, CI'rY ATTORNEY
LW L 'NEILL, MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2020-6 was duly introduced on the 11th day of February, 2020, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 251h day of February, 2020, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: None
ABSENT: Council Member Diane Dixon
RECUSED: Mayor Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of February, 2020.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
0'k,
a444.
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2020-6 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 newspaper of general circulation
on the following dates:
2020.
Introduced Ordinance: February 15, 2020
Adopted Ordinance: February 29, 2020
In witness whereof, I have hereunto subscribed my name this day of 0
j n eilani I. Brown, MMC
2 ity Clerk
' City of Newport Beach, California
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