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Home My WebLink About16 - 2002 Newport Beach Fire CodesITEM _16 TO: Members of the Newport Beach City Council FROM: Tim Riley, Fire Chief ;;1 SUBJECT: Adoption of the 2002 Newport Beach Fire Codes RECOMMENDATION: Conduct a Public Hearing a) Introduce Ordinance 2002 -_ and conduct a public hearing on the adoption of the 2001 California Fire Code (Title 24, Part 9) with amendments as part of the Newport Beach Municipal Code. Ordinance No. 2002- An ordinance of the City Council of the City of Newport Beach amending Title 9 to the Newport Beach Municipal Code to adopt the 2001 California Fire Code (Title 24, Part 9), and local amendments to take effect concurrently with the State Code on November 1, 2002 b) Pass to second reading on September 24, 2002. BACKGROUND: This is a request to update Title 9 of the Newport Beach Municipal Code by adopting the California Fire Code with local amendments. This will keep the City in step with current regulations and assure compliance with State law. This revised Fire Code is needed for enforcement of minimum standards to safeguard life, health, property, and public welfare within the City of Newport Beach. In May of 2002, the State of California adopted the 2000 Uniform Fire Code with State amendments for State regulated occupancies and titled it the 2001 California Fire Code. Subsequent to that adoption, local agencies have 180 days to amend the State Codes based on local geographic, climatic or topographic conditions. This ordinance establishes conditions that qualify the City to amend the State Code and provides specific amendments to the code to enhance life safety and property protection. The introduction and public hearing will be conducted on September 10, 2002. The final reading and adoption of the code is scheduled for September 24, 2002. The effective date of the ordinance as prescribed by State Law is concurrent with the effective date of the State Code in this adoption the effective date is November 1, 2002. The proposed amendments to the model code are substantially the same as the last code adoption except for 9 new amendments and revisions to some editorial revisions to some of our existing amendments. The new amendments were mostly clarification of items that are already accepted practices. All amendments are found in the summary table provided. Significant changes are outlined below with further explanation. 1. Amendments to Article 11, "Gas Mitigation" This amendment states the Fire Chief may require geological studies, evaluation, reports or similar documentation from a state licensed individual or firm. This amendment is necessary because of the inherent dangers of operation on gas emitting land which include improper abandonment for oil fields, collection of flammable/ hazardous gas pockets under building foundations, release of flammable vapors, and low level releases of buried hazardous materials. 2. Amendments to Section 7902.1.9, "Aboveground Tanks" This amendment requires the installation of protected aboveground tanks be in accordance with our Newport Beach Fire Department Guideline for Private Use Dispensing Into Motor Vehicles from Protected or Multi Hazard Aboveground Tanks. This guideline is based on research and fire hazard modeling performed by Fire Prevention personnel in conjunction with other Orange County departments. ATTACHMENTS: Summary of the Proposed Ordinance Proposed Ordinance SUMMARY OF PROPOSED AMENDMENTS NBMC Section CFC Title Action Comments Section 9.04.010 Adoption of 2001 CFC 9.04.020 101.2.2 Administration Existing Designates the chief as the enforcement authority 9.04.030 103.3.2.1.1 Plans Existing Requires a vicinity plan in areas adjoining a wildland fire hazard area. 9.04.040 105.8 Permits Required Revised Deletes permits for hydrants and existing fumigation, add a permit to operate a listed heater in a commercial occupancy not to exceed 7 days. 9.04.050 Article 2 Definitions Revised Maintains one of two existing definitions existing and adds the definition for "High Rise Building" 9.04.060 Article 9 Emergency Access Revised Access to residential developments in existing Appendix III -E deleted, two access roads required in developments with 25 (was 150) or more units, and added section requiring knox boxes at all fire control rooms and rooms with fire control panels. 9.04.070 1001 Emergency Power Existing Requires electrical outlets connected to emergency generator in certain locations. 9.04.080 1001.5 Maintenance New Requires building owners to maintain smoke detectors and smoke detection systems. Clarifies responsibility aiding in enforcement. 9.04.090 1003.2 Sprinkler requirements Revised Change is to clarify the definition of floor existing area in R -3 occupancies. 9.04.100 1003.3.1 Sprinkler Monitoring New Clarifies that sprinkler systems must be monitored by central stations meeting UL or other approved listing standards that apply to the facility, as well as the services. 9.04.110 1004.2 Standpipes Revised Requires additional access and hose outlets when horizontal dimension exceeds 300 feet of building 9.04.120 1006.1 Design of Alarm Revised Requires only one fire alarm panel per Systems Existing building. Adds requirement automatic closing devices released by smoke detectors or detection systems be provided in interior service corridors to maintain integrity of corridor. 9.04.130 1006.2.12.2 Fire alarm systems in Existing Requires all occupancies having floors High Rise Buildings used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access be provided with an automatic fire alarm system and communication system as outlined in this section. 9.04.140 1102.4 Recreational Fires Existing Clarifies where recreational fires are and are not allowed. NBMC Section CFC Title Action Comments Section 9.04.150 1107 Outdoor heaters Existing Adds section that prohibits temporary heaters that use flammable or combustible solids, liquids, or gases and permanent heaters without a permit. 9.04.160 1109.7 Spark Arrestors Revised Requires spark arrestors on all existing chimney, flues or stovepipes. Added requirement that all incinerator chimneys shall terminate in a spark arrestor of iron heavy mesh not exceeding %z inch. 9.04.170 Article 11 Gas Mitigations New Requires soil assessment and mitigation measure for development on or near lands that may emit combustible soil gases. 9.04.180 2501.16 Occupant count Existing Requires supervisor of assembly occupancy to have an effective system to keep count of number of occupants. 9.04.190 5202 Protected Aboveground Existing Limits the quantity of flammable or Tanks combustible liquids allowed to be dispensed from aboveground tanks outside. 9.04.200 6401 Lead -Acid Batteries New Revises the scope to ensue all regulated batteries and battery systems are subject to the provisions of this specific article rather than the more general (and more restrictive) requirements of Article 80. 9.04.210 7701.1 Explosive Material Revised Revises the scope to specifically call existing out when explosives can be used and that fireworks are not allowed anywhere in the City of Newport Beach. 9.04.220 7801.1 Fireworks Revised Expands scope to exclude fireworks existing use, handling sale or possession anywhere in the City of Newport Beach. 9.04.230 7802 Fireworks Revised Provides the chief authority to seize existing fireworks. New section that prohibits the storage, use, sale and possession anywhere in the City of Newport Beach. 9.04.240 7902.1.9 Aboveground tanks New Requires protected aboveground tanks be in accordance with Newport Beach Fire Department Guideline for Private Use Dispensing Into Motor Vehicles From Protected or Multi- Hazard Aboveground Tanks. 9.04.250 7902.2.2.1 Aboveground tanks Existing Prohibits aboveground tanks storing Flammable and combustible liquids without a permit. 9.04.260 7902.6.3.1 Underground Storage Existing Underground storage of flammables prohibited in any residential district or area in the city. 9.04.270 7903.3 Hazardous Materials Existing Prohibits properties from receiving, blending, or storing flammable and combustible liquids except by permit by the Fire Chief. NBMC Section CFC Title Action Comments Section 9.04.280 8001.3 Hazardous Materials Existing Requires plan and inventory statement. 9.04.290 8001.14 Occupancy Storage New Determines the exempt amounts of hazardous materials applicable for this section. It was left out of the current edition. 9.04.300 8001.15 Pool chemicals Existing Sets allowable amounts of these pool chemicals. 9.04.310 8001.15.4.2 Outdoor Control Areas Existing States outdoor control area to be rotected against tampering. 9.04.320 8003.1 Extremely hazardous Existing Prohibits the storage of EHS in materials residential areas in excess of the disclosable amounts. 9.04.330 8003.1.8 Emergency power Existing Requires emergency power be provided in Group H, Division 6 and 7 occupancies. 9.04.340 8003.3.1.3.5 Treatment systems New Deletes exceptions to ensure automatic rather than manual controls prevent release of toxic and highly toxic gases. 9.04.350 8202 Liquid Petroleum Existin Requires permit for installations. 9.04.360 Article 90 Standards New Deletes references to standards that are amended in Article 91. 9.04.370 Article 91 California Standards Revised Adopts the NFPA National Fire Codes existing as a recognized standard for the application of this code. 9.04.380 Appendix II -A Clearance of Brush Revised Existing clearance standard. Only existing change is that we are no longer posting on the premis es. 9.04.390 Appendix II -A Spark Arrestors Existing Addresses spark arrestors required in Wildland Areas 9.04.400 Appendix II -A Fuel Modification Revised Change to existing fuel modification existing section that states the plan may be altered if conditions change and must be approved by the chief. 9.04.410 Appendix II -A -2 Special Fire Protection Revised Adds new procedures to exclude a Areas existing property from the requirements of this appendix. 9.04.420 Appendix II -C Standpipes Existing Requires standpipes on docks when any portion is more than 150 feet from fire apparatus access, 9.04.430 Appendix II -E Hazardous Materials Existing Requires chemical classification packet. 9.04.440 Appendix II -F Aboveground fuel Existing Requires dispensing be in accordance dispensing with our fuel guideline. 9.04.450 Appendix III -A Fire Flow Existing Allows reduction in fire flow. 9.04.460 Appendix V -A Nationally Recognized Adoptions of NFPA Standards. Standards ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT 2001 CALIFORNIA FIRE CODE The City Council of the City of Newport Beach finds as follows: FINDING OF FACTS - WHEREAS, Health & Safety Code Section 17958 mandates that the City of Newport Beach shall adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health & Safety Code, Section 17922; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2001 California Fire Code based on the International Fire Code Institute, hereinafter referred to collectively as the Fire Code; and WHEREAS, Health & Safety Code Section 17958.5 permits the City to make such changes or modifications to the Codes as are reasonably necessary because of local conditions; 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, 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. 1 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. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Newport Beach Fire Department. 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. 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: z Chapter 9.04 FIRE CODE Code: 9.04.010 Adoption of the 2001 California Fire Code 9.04.020 Application and Enforcing Agency- Amendment to Section 101.2.2 9.04.030 Fire Protection Plans - Amendment to Section 103.3.2 9.04.040 Permits Required - Amendment to Section 105.8 9.04.050 Definitions - Amendments to Article 2 9.04.060 Emergency Access - Amendment to Article 9 9.04.070 Emergency Power - Amendment to Section 1001 9.04.080 Fire Protection System and Equipment - Amendment to Section 1001.5 9.04.090 Automatic Fire Sprinklers Required - Amendment to Section 1003.2 9.04.100 Sprinkler System Monitoring and Alarms - Amendment to Section 1003.3.1 9.04.110 Standpipes Required - Amendment to Section 1004.2 9.04.120 Design of Fire Alarm Systems - Amendment to Section 1006.1 9.04.130 Fire Alarm Systems and Central Control Stations in High Rise Buildings - Amendment to Section 1006.2.12.2 9.04.140 Recreational Fires - Amendment to Section 1102.4 9.04.150 Outdoor Heaters - Amendment to Section 1107 9.04.160 Chimney Spark Arrestors Required - Amendment to Section 1109.7 9.04.170 Development On or Near Land Containing or Emitting Toxic, Combustible or Flammable Liquids, Gases, or Vapors - Amendment to Article 11 9.04.180 Occupant Count - Amendment to Section 2501.16 9.04.190 Protected Aboveground Tanks - Amendment to Section 5202 9.04.200 Stationary Lead - Acid Battery Systems- Amendment to Section 6401 9.04.210 Explosive Material - Amendment to Section 7701.1 9.04.220 Fireworks - Amendment to Section 7801 9.04.230 Fireworks Prohibited - Amendment to Section 7802 9.04.240 Additional Requirement for Aboveground Tanks - Amendment to Section 7902.1.9 9.04.250 Restrictions for Aboveground Tanks - Amendment to Section 7902.2.2.1 9.04.260 Underground Tank Storage - Amendment to Section 7902.6.3.1 9.04.270 Hazardous Materials Documentation - Amendment to Section 7903.3 9.04.280 Hazardous Materials Management Plan - Amendment to Section 8001.3 9.04.290 Group M Occupancy Storage and Display and Group S Occupancy Storage - Amendment to Section 8001.14 9.04.300 Regulation of Large Quantities of Pool Chemicals - Amendment to Section 8001.15 9.04.310 Protection for Outdoor Control Areas - Amendment to Section 8001.15.4.2 9.04.320 Maximum Quantities of Extremely Hazardous Materials - Amendment to Section 8003.1 9.04.330 Emergency Power for Group H Division 6 and 7 Occupancies - Amendment to Section 8003.1.8 9.04.340 Treatment Systems - Amendment to Section 8003.3.1.3.5 9.04.350 Limits on Quantities of Liquid Petroleum Gasses - Amendment to Section 8202 9.04.360 Referenced Standards - Amendment to Section 9002 9.04.370 Adoption of the NFPA National Fire Codes as Technical Standards - Amendment to Aritcle 91 9.04.380 Clearance of Brush or Vegetative Growth from Structures - Amendment to Appendix lI -A 9.04.390 Spark Arrestors Required in Wildland Fire Areas - Amendment to Appendix II -A 9.04.400 Fuel Modification Requirements for New Construction - Amendment to Appendix II -A 9.04.410 Special Fire Protection Areas - Appendix II -A -2 9.04.420 Standpipes on Docks - Amendment to Appendix II -C 9.04.430 Hazardous Materials Inventory Statements - Amendment to Appendix II -E 9.04.440 Use of Aboveground Tanks for Fuel Dispensing - Amendment to Appendix lI -F 9.04.450 Fire Flow Requirements - Amendment to Appendix III -A 9.04.460 Appendix V 9.04.010 Adoption of the 2001 California Fire Code. Pursuant to the provisions of Sections 50022.1 through 50022.5 of the Government Code of the State of California, there is hereby adopted and incorporated by reference into this chapter, that certain Code entitled "California Fire Code," (2001 Edition) referred to in this chapter as the "Fire Code" specifically including Appendices I -A through VI -K, excluding Appendices II -H, II -K, III -D, VI -E, VI -F, except such portions as are hereafter deleted, added, or amended. 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 Application and Enforcing Agency - Amendment to Section 101.2.2. Section 101.2.2 of the Fire Code is amended by deleting Section 101.2.2 and amending it to read as follows: Section 101.2.2 Application and Enforcing Agency. The Fire Chief is authorized and directed to enforce, within the scope of Section 101.2.1, the provisions of this code over all occupancies and land used within the City. 9.04.030 Fire Protection Plans - Amendment to Section 103.3.2. Section 103.3.2 is amended by adding Section 103.3.2.1.1 to read as follows: Section 103.3.2.1.1 Fire Protection Plans. A vicinity plan shall be submitted for any project in or adjoining a wildland fire hazard area. The scale of this plan shall be no smaller than one -inch (25 mm) equals 100 feet (30.48 m), shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit, or if no grading permit is to be issued, prior to the issuance of a building permit for new construction. The plan shall show the following: 1. All existing and proposed private and public streets on the proposed development property and within 300 feet (91.44 m) of the property line of the proposed development, and so identified, with street width dimensions as per Section 902.2.2.7 of this code. 2. The location and identification of all existing and proposed fire hydrants within 300 feet (91.44 m) of the property line of the proposed development. 3. The location, occupancy classification, and use of structures and buildings on properties abutting the proposed development. Preliminary fuel modification plans for all improvements in areas containing combustible vegetation shall be submitted to the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The plans shall meet the 5 criteria set forth in the Newport Beach Fire Department Fuel Modification Plan and Maintenance Guidelines. EXCEPTION: The Fire Chief, with concurrence of the Building Official, may waive the vicinity plan submittal requirements of this section. 9.04.040 Permits Required - Amendment to Section 105.8 Section 105.8 is amended by adding an ending sentence to the first paragraph, deleting a Subsection and amending a Subsection to read as follows: Section 105.8 Permit required. Permit fees to the City shall be in an amount established by resolution of the City Council. Subsection f.1. Fire hydrants and water control valves is deleted. Subsection f.5. Fumigation or thermal insecticidal fogging is deleted. Subsection t. is amended to read as follows: t.3. Temporary heaters. To operate a listed and approved heater in a commercial occupancy for a period not to exceed seven days. 9.04.050 Definitions - Amendments to Article 2 Section 209 -H is amended by adding "High Rise Building" and Section 224 -W is amended by adding the definition of " WILDLAND FIRE HAZARD AREAS" to read as follows: HIGH RISE BUILDING is aml building floors used for occupancy located more than 55 feet (16.76 m) above tim lozoest level of flre department access. Such buildings sliall )cave fire and life sa of �h systems required by the building code. WILDLAND FIRE HAZARD AREAS are any geographic area designated by the Newport Beach Fire Department, which contains the type and condition of vegetation, topography, weather, and structure density which potentially increases the possibility of wildland fires. 9.04.060 Emergency Access - Amendment to Article 9 Article 9 Newport Beach Fire Department Access and Water Supply is amended to read as follows: Section 901.4.2 Fire apparatus access roads is deleted and amended to read as follows: Section 901.4.2 Emergency access roads. When required by the Fire Chief, approved signs or other approved notices shall be provided and maintained for emergency access roads to identify such roads and prohibit the obstruction thereof or both. Section 901.4.4 is deleted and amended to read as follows: Section 901.4.4 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 902.1 of the Fire Code is deleted and amended to read as follow: Section 902.1 General. Fire Department access roads shall be provided and maintained in accordance zoith Sections 901 and 902. Section 902.2.1 of the Fire Code is amended to read as follows: Section 902.2.1 Required access. A minimum of two fire apparatus access roads shall be provided in residential developments containing 25 or more dwelling units. Section 902.2.2.1 of the Fire Code is amended by adding a sentence to read as follows: Section 902.2.2.1 Dimensions. The width of f re lanes shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of hire hydrant. ri Section 902.2.2 of the Fire Code is amended by deleting Sections 902.2.2.3 and 902.2.2.6 and amending them to read as follows: Section 902.2.2.3 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 (12.19 m) outside radius. EXCEPTION: Cul -de -sacs with center obstructions will require larger turning radii as approved by the Fire Chief. Section 902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 902.2.4 is amended by adding Section 902.2.4.3, 902.2.4.4, and 902.2.4.5 to read as follows: Section 902.2.4.3 Vehicle access. Any point of access deemed necessary for emergency response shall remain unobstructed at all times. Section 902.2.4.4 Vehicle access gates. Vehicle access gates or barriers installed across streets shall be in accordance with the Newport Beach Fire Department. The minimum width of any gate or opening necessary for 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 902.2.4.5 Speed bumps. Any obstructions in required fire access roadways, including speed bumps and speed humps, is prohibited. Section 902.3.1 is amended by adding the folloniing Section 902.3.1.1: Section 902.3.1.1 All fire control rooms and rooms u4th Fire Alarm Control Panels shall be provided with a Knox Box. Section 902.4 of the Fire Code is amended by adding Section 902.4.1 and 902.4.2 to read as follows: Section 902.4.1 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. 8 Where gates are electrically operated an approved key switch and an approved strobe light receiver shall be installed. Section 902.4.2 Key box system. When a Key box is required it shall contain two sets of the following: 1. Keys to locked points of ingress whether on the interior or exterior of the building. 2. Keys to locked mechanical equipment rooms. 3. Keys to locked electrical rooms. 4. Keys to elevator controls. 5. Keys to other areas as directed by the Fire Chief. 9.04.070 Emergency Power - Amendment to Section 1001. Section 1001 of the Fire Code is amended by adding Section 1001.11 to read as follows: Section 1001.11 Emergency power. Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/ system when generator is required by Section 403.8.1 of the California Building Code in the following locations: 1. In the main exit corridor of each floor, adjacent to each exit enclosure. 2. On every level in every stairwell. 3. In each elevator lobby. 4. In public assembly areas larger than 1,500 square feet (139.36 mz). 5. In every fire control room. 6. In such other areas as may be designated by the Fire Chief. Outlets shall be RED in color. 9.04.080 Fire Protection Systems and Equipment- Amendment to Section 1001.5 Maintenance is amended by adding Section 1001.5.6 Installation and Maintenance as follou)s: Section 1001.5.6 Smoke Detectors and Smoke Detection Systems. It shall be the responsibili!y of the oumer of the occupancy to maintain all required smoke detectors and smoke detection systems. The oumer shall be responsible for the annual testing of all required smoke detectors and smoke detection systems, and maintain written records of the testing on premises at all times, or the last flve ears. 9.04.090 Automatic Fire Sprinklers Required - Amendment to Section 1003.2. Section 1003.2 of the Fire Code is deleted except for Sections 1003.2.5, 1003.2.6, 1003.2.7, 1003.2.9. Section 1003.2.1 through 1003.2.4 are amended and Section 1003.2.8 is added as follows: Section 1003.2.1 General. Automatic fire extinguishing systems shall be installed in accordance with the NFPA standards as adopted in Appendix V & Article 91 of this code. An approved automatic sprinkler system required by Section 1003 and installed as per NFPA 13 as adopted in Appendix V and Article 91 of this code, may be used for fire resistive substitution as specified in the provisions of Section 508 of the adopted Uniform Building Code. Section 1003.2.2 Required installations. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in this section: Notwithstanding any applicable provisions of this code, an automatic fire extinguishing system shall be installed in all occupancies when the total floor area of a building, regardless of area separation walls or allowable area, exceeds 5,000 square feet (464.52 m2). Section 1003.2.2.1 Existing structures previously less than 5,000 square feet (464.52 m2). In .all existing structures not equipped with an automatic fire extinguishing system, when additions cause the structure to exceed 5,000 square feet (464.52 m2) the following provisions apply: A. When such additions are 25% or less than the original building square footage, the existing structure, and the addition need not be equipped with an automatic sprinkler system. B. When such additions exceed 25% but are less than 50% of the original building square footage, the addition shall be equipped with an automatic sprinkler system. C. When such additions are 50% or more of the original building square footage, the entire structure shall be equipped with an automatic sprinkler system throughout. Section 1003.2.2.2 Existing structures more than 5,000 square feet (464.52 M2). In all existing structures not equipped with an automatic fire extinguishing system that exceed 5,000 square feet (464.52 m2), the following provisions shall apply: A. When additions are 1,250 square feet (116.13 m2) or less, the existing structure and the addition need not be equipped with an automatic sprinkler system. 10 B. When additions exceed 1,250 square feet (116.13 m2) but are less than 2,500 square feet (232.26 m2) , the addition shall be equipped with an automatic sprinkler system. C. When additions are 2,500 square feet (232.26 m2) or more, the entire structure shall be equipped with an automatic sprinkler system throughout. In partially sprinklered buildings, sprinklered areas shall be separated from non - sprinklered areas. Such separation shall not be less than that required for a one -hour occupancy separation. EXCEPTION: In Group R, Division 3 and Group U occupancies. Section 1003.2.3 Buildings more than 40 feet (12.19 m) in height. Automatic fire sprinklers shall be installed in all buildings having floors used for human occupancy located more than 40 feet (12.19 m) above the lowest level of Fire Department access. For provisions on special hazards and hazardous materials, see Section 1003 and Parts V, VI, and VII of the 2001 California Fire Code. Section 1003.2.4 System design. The total demand for hydraulically designed sprinkler systems shall not exceed 90% of the available pressure and water supply not to exceed SO pounds per square inch (551.6 kPa). Sprinkler system design including any required additional water for hose or standpipes shall not exceed the rated capacity of a fire pump used to supply the system. 9.04.100 Sprinkler System Monitoring and Alarms- Amendment to Section 1003.3. Section 1003.3.1 is amended by the addition of a sentence at the end of the section. The signal for remote station monitoring as deemed in NFPA 72 shall be transmitted to, received, and retransmitted by a continuously attended supervising station facility that is either U.L. listed (UUFX) or meets equivalent criteria established by another nationally recognized standard as approved by the Fire Chief 9.04.110 Standpipes Required - Amendment to Section 1004.2. Section 1004.2 of the Fire Code is deleted and amended to read as follows: Section 1004.2 Required installations. Standpipe systems shall be provided as set forth in Table No. 1004 -A and the provisions of this section. Every new building with any horizontal dimensions greater than 300 feet (91.44 m) shall be provided with access doors and hose outlets located so 11 that all portions of the building can be reached with 150 feet (45.72 m) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less that three feet (914 mm) in width or six feet eight inches (2032 mm) in height. Hose outlets shall be 2 1/2 inches (63 mm) in size with an approved valve. Hose outlets shall be provided on all levels of the building. 9.04.120 Design of Fire Alarm Systems - Amendment to Section 1006.1. Section 1006.1 is amended by adding section 10061.3 and 1006.1.4 to read as follows: 1006.1.3 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 Chief. 1006.1.4 Door Release Service. All doors within interior service corridors o{ commercial occupancies shall be equipped zvith automatic closing devices released by smoke detectors or smoke detection systems. 9.04.130 Fire Alarm Systems and Central Control Stations in High Rise Buildings - Amendment to Section 1006.2.12.2. Section 1006.2.12.2 to read as follows: Section 1006.2.12.2.1 is deleted and Section 1006.2.12.2.1 is added to read as follows: Section 1006.2.12.2.1 General. All occupancies having floors used for human occupancy located more than 55 feet (16.76 m) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and a communication system in accordance with Section 1006.2,12.2. 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: The following structures, while classified as high -rise buildings, shall not be subject to the provisions of this section but shall conform to all other applicable provisions of these regulations: 12 1. Buildings used exclusively as open parking garages. 2. Buildings where all floors above the 55 -foot (16.76 m) level are used exclusively as open parking garages. 3. Floors of buildings used exclusively as open parking garages and located above all other floors used for human occupancy. 4. Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with noncontiguous human occupancy, when approved by the Fire Chief. Section 1006.2.12.2. is added to read as follows: Section 1006.2.12.2.5 Central control station. A central control station for fire department operations shall be provided in a location approved by the fire department. The central control station shall be separated from the remainder of the building by not less than one- hour fire resistive construction with all openings protected by assemblies having a fire resistive rating of not less than 45 minutes. It shall have a minimum of one door, which is accessible directly from the exterior portion of the building and shall be able to be opened with a fire department master key. The central control station shall have a minimum of 100 square feet (9.3 mz)with a minimum dimension of eight feet (2.44 m). It shall contain the following as a minimum: 1. The voice alarm and public address system panels. 2. The fire department communications panel, a cabinet containing eight portable firefighter phones, and one headset with sufficient cord to reach all portions of the room. 3. Fire detection and fire alarm system annunciator panels. 4. Annunciator visually indicating the location of the elevators and their operational status. 5. Status indicators and controls for air - handling systems. 6. Controls for unlocking all stairway doors simultaneously. 7. Sprinkler valve and water -flow detector display panels. 8. Emergency and standby power controls and status indicators. 9. A wall - mounted telephone, with sufficient cord to reach all portions of the room and with an outside dedicated private line, installed in the fire control room for exclusive fire department use. 10. Elevator control switches for switching to emergency power. 11. Fire pump status panel and controls. 12. Other fire protection equipment and systems controls as required by the Newport Beach Fire Department. 13 13. Schematic building plans in clearly labeled approved containers indicating the typical floor plan and detailing the building core, fire resistive separations, exit facilities, on -site water supply, fire - protection systems, firefighting equipment, and fire department access. 14. One minimum three foot (914 nun) by five foot (1524 -mm) table and two chairs. 15. An approved locked and labeled cabinet containing labeled keys for emergency access and elevator control. 16. All control panels in the central control station shall be permanently identified as to function. 17. Alarms, supervisory, and trouble signals as required by Item 3. and Item 7. above shall be annunciated in compliance with this code in the central control station by means of an audible and visual indicator. For purposes of annunciation, zoning shall be in accordance with the following: a) When the system serves more than one building, each building shall be considered separately. 18. Each floor shall be considered a separate zone. When one or more sprinkler risers serve the same floor, each riser shall be considered a separate zone. EXCEPTION: When more than one riser serves the same system on the floor. 19. Each section of floor separated by area separation walls or by horizontal exits shall be considered as a separate zone. Central control stations shall not be used for the housing of any boiler, heating unit, generator, or similar hazardous equipment. No storage shall be permitted in the central control station room. 9.04.140 Recreational Fires - Amendment to Section 1102. Section 1102.4 of the Fire Code is amended by adding Section 1102.4.1.1 to read as follows: Section 1102.4.1.1 Camp /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. 9.04.150 Outdoor Heaters - Amendment to Section 1107. Section 1107 of the Fire Code is amended by adding Sections 1107.3 and 1107.4 to read as follows: 14 Section 1107.3 Temporary heaters. No person shall place or operate or permit to be operated any temporary heater that uses any flammable or combustible solids, liquids, or gases without a fire department permit. Section 1107.4 Permanent heaters. No person shall install or operate any heating appliance without first obtaining a permit and approval from the City of Newport Beach Building Department. Compressed flammable gases are prohibited as fuel for permanent heating appliances. 9.04.160 Chimney Spark Arrestors Required - Amendment to Section 1109.7. Section 1109.7 of the Fire Code is deleted and amended to read as follows: Section 1109.7 Chimney spark arrester. All structures having any chimney, flue, or stovepipe attached to any fireplace, stove, barbecue, or other solid or liquid fuel burning equipment or device shall have the chimney, flue, or stovepipe equipped with an approved spark arrester as per Section 3102.3.8 of the Building Code. All incinerator chimneys shall terminate in a substantially constructed spark arrestor having an iron, heavy noire mesh not exceeding z/2 inch 12.5mm . 9.04.170 Geological Surveys. Development on or near land containing or emitting toxic combustible or flammable liquids, gases, or vapors — Amendment to Article 11. Article 11 is amended by adding Section 1114 to read as follows: documentation from a state - licensed and department approved individual or firm, on any parcel of land to be developed which: 1. 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, or 2. May contain or give off toxic, combustible or flammable liquids, gases, or vapors. 9.04.180 Occupant Count - Amendment to Section 2501.16. Section 2501.16 of the Fire Code is amended by adding Section 2501.16.4 to read as follows: Section 2501.16.4 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 Chief 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. 15 9.04.190 Protected Abov�gound Tanks - Amendment to Section 5202. Section 5202.3.7, 5202.3.71 5202.3 72 and Section 5202 4.1 item 2 and reference to Appendix 11 -K is deleted. Section 5202.3.7 is added to read as Ilows: Section 5202.3.7 Protected Aboveground Tanks. When approved, the storage and dispensing of motor fuels into the fuel tanks of motor vehicles from protected aboveground tanks located outside buildings are allowed in accordance with Section 7902.1.9. 9.04.200 Stationary Lead -Acid Battery Systems - Amendment to Section 6401. Section 6401 is amended by deletion of 6401 and replacement by the following : Section 6401 - Scope. Lead acid battenjsyystems having a liquid capacity of more than 100 gallons (378.5 L) in sprinklered buildings or 50 gallons (189.3 L) in unsprinklered buildings used for acility standby power, emergency power, uninterrupted power supply, b� atten s! torage warelwuses zohere recharging occurs, or indoor storage of electric carts /cars shall be in accordance with Article 64. Stationary Iead -acid batten systems with individual lead -acid batteries exceeding 20 gallons (75.7 L) each shall also comply with Article 80. 9.04.210 Explosive Material - Amendment to Section 7701. Section 7701.1 of the Fire Code is deleted and replaced with the 7701.1 Scope and Section 7701.1.1 & 7701.1.2 is added as follows: Section 7701.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Article 77. See Appendix VI -H for excerpts from nationally recognized standards for separation distances for explosives. Explosives class designations in parentheses refer to new classifications used by DOT. See Appendix VI -H for information on explosives class designations. Exceptions: 1. The armed forces of the United States, Coast Guard or National Guard. 2. Explosives in prescribed by the official United States Pharmacopoeia. 3. The possession, transportation, storage, and use of small arms ammunition when packaged in accordance with DOT sporting black powder and 10,000 small arms primers for hand loading of small arms ammunition fbr personal consumption. 5. The transportation and use of explosive materials by the United States Bureau of Mines, and federal, state, and local lain enforcement and fire agencies acting in their official capacities. 6. Special industrial explosive devices which in the aggregate contain less than 50 pounds (22.7 kg) of explosive materials. 16 7. The possession, transportation, storage and use of blank industrial pozoer load cartridges zollen packaged in accordance zoith DOT packaging regulations. 8. Wien preempted bit-federal regulations. Section 7701.1.1 Storage of explosives and blasting agents. The storage of explosives and blasting agents is prohibited anywhere in the Cihy of Nezoport Beach unless the Fire Chief has issued a permit authorizing use armor storage. Section 7701.1.2 Fireworks 1.4G & Fireworks 1.3G. The storage, use, sale, possession, and handling of firezoorks 1.4G, (commonly referred to as "Safe and Sane ") and fireworks, 1.3G is prohibited anyzolzere in the CitjofNezoport Beach. Exception: FirewOrks,1.4G and fzrezoorks,1.3G may be part of public display zolzen permitted and conducted by a licensed p. rotety clinic operator. 9.04.220 Fireworks - Amendment to Section 7801.1. Section 7801.1 of the Fire Code is deleted and amended to read as follows: Section 7801.1 Scope. Firezoorks for public display purposes and the use, handling and temporan storage of pyrotechnical special effects material for motion pictures, television, and theatrical and group entertainment productions shall be in accordance with Article 78. The manufacture, possession, storage. City of Nezoport Beach. Exception: Fireuyorks,14G and fireworks,l.3G may be part of public delay zohen permitted and conducted by a licensed pyrotechnic operator. 9.04.230 Fireworks Prohibited - Amendment to Section 7802. Section 7802.2 and Section 7802.3 are deleted and amended to read as follows: Section 7802.2 Seizure of fireworks. The Fire Chief shall have the authority to seize, take, 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 7802.3 Fireworks prohibited. The storage, use, sale, possession, and handling, of firezoorks 1.4G. (comnlonlu referred to as "Safe and Sane ") and 17 9.04.240 Additional Requirements for Aboveground Tanks -Amendment to Section 7902.1.9. Section 7902.1.9 of the Fire Code is deleted and amended to read as follouls: Section 7902.1.9 T7w installation of protected aboveground tanks shall be in accordance zoitla Neulport Beach Fire Department Guideline for Private Use Dispensing Into Motor Vehicles From Protected or Multi- Hazard Aboveground Tanks. 9.04.250 Restrictions for Aboveground Tanks - Amendment to Section 7902.2.2.1. Section 7902.2.2.1 of the Fire Code is deleted and amended to read as follows: Section 7902.2.2.1 Locations where aboveground tanks are prohibited. The storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the boundaries of the City of Newport Beach unless a permit authorizing use and /or storage has been issued by the Fire Chief. 9.04.260 Restrictions for Underground Storage of Flammable Liquids - Amendment to Section 7902.6.3. Section 7902.6.3 of the Fire Code is amended by adding Section 7902.6.3.1 to read as follows: Section 7902.6.3.1 Storage. 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 20.5 of this Code, within the City. 9.04.270 Hazardous Materials Documentation - Amendment to Section 7903.3. Section 7903.3.1 of the Fire Code is deleted and amended to read as follows: Section 7903.3.1 General. 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 Chief. 9.04.280 Hazardous Materials Management Plan - Amendment to Section 8001.3. Section 8001.3.2 of the Fire Code is amended and Section 8001.3.3 is added to read as follows: Section 8001.3.2 Hazardous Materials Management Plan. When required by the Fire Chief, each application for a permit pursuant to this article 18 shall include a Hazardous Materials Management Plan (HMMP) in accordance with Appendix II -E and shall contain any additional elements as required in the California Health and Safety Code Article I Chapter 6.95 for Business Emergency Plan. Section 8001.3.3 Hazardous Materials Inventory Statement. When required by the Fire Chief, each application for a permit pursuant to this article shall include a Hazardous Materials Inventory Statement (HMIS) in accordance with Appendix II -E and shall contain any additional elements as required in the California Health and Safety Code Article 1 Chapter 6.95 for Business Emergency Plan. 9.04.290 Group M Occupancy Storage and Display and Group S Occupancy Storage - Amendment to Section 8001.. Section 8001.14 of Fire Code is anwnded by adding the folloening formula to the end of 8001.14.2: Section 8001.14.2 Exempt amounts per Group M or S Group Occupancies. Er =ExRxA Where: A = area in square feet, see section 8001.14.2 E = exempt amount specified in Section 8001.15 Er= exempt amount allowed in a single control area of a Group M Occupancy R = multiplier from Table 8001.14 -A 9.04.300 Regulation of Large Quantities of Pool Chemicals - Amendment to Section 8001.15. Section 8001.15 of the Fire Code is amended by deleting footnote #16 in Table 8001.15 -A. 9.04.310 Protection for Outdoor Control Areas - Amendment to Section 8001.15.4.2. Section 8001.15.4.2 of the Fire Code 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 Chief. 9.04.320 Maximum Quantities of Extremely Hazardous Materials - Amendment to Section 8003.1. Section 8003.1 of the Fire Code is amended by adding Section 8003.1.1.1 to read as follows: Section 8003.1.1.1 Maximum quantity on site. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Section 25115 of the Health and Safety Code) in a residential zoned or any residentially developed property. 19 9.04.330 Emergency Power for Group H Division 6 and 7 Occupancies - Amendment to Section 8003.1.8. Section 8003.1.8 is amended by adding the following: An emergency power system shall be provided in Group H, Division 6 and Division 7 Occupancies. 9.04.340 Treatment Systems - Amendment to Section 8003.3.1.3.5. Section 8003 3 1.3.5.1 is amended by deleting the exceptions from General. 9.04.350 Limits on Quantities of Liquid Petroleum Gasses - Amendment to Section 8202. Section 8202 of the Fire Code is deleted and amended to read as follows: Section 8202 Permit. No person shall install or maintain a liquefied petroleum gas container, except portable containers totaling not more than twenty (20) gallons (75.71) water capacity, unless such installation is needed for special industrial process or use and a permit has been issued by the Fire Chief. 9.04.360 Referenced Standards - Amendment to Section 9002. Article 90 - Standards is hereby amended by deleting the fbI10717ing references in Section 9002 Uniform Fire Code Standards: 10 -3 NFPA -13; 10 -4 NFPA 13 -1) 10 -5 NFPA 13 -R; 10 -6 NFPA -14. 9.04.370 Adoption of the NFPA National Fire Codes as Technical Standards - Amendment to Section 9101.1.3. Section 9101.1.3 of the Fire Code is amended by deleting entire section and replacing it with the following: Section 910113 Adoption of NFPA Standards. The latest editions of NFPA National Fire Codes and amendments thereto are adopted as a recognized standard for the technical application of this code. Exceptions: 1 NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations Emergennf Medical Owrntinn.c. and Special Overation to the Public bu Career Fire Department, Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to tim Public by Volunteer Fire Departments, 2001 Editions. Section 9102.7 NFPA 13 1999 Edition as amended is hereby further amended as ollozns: Section 3-9.3 is amended by addition of the following language after the first sentence and a second paragraph: ORN Fire department connections shall be of an approved type. The fire department connection shall contain a minimum of two 2 1/2 "(63 m) inlets. The location shall department inlet connections shall be painted OSHA safety red. Exception 1. When the fire sprinkler density design requires 500 Rpm (1893 L) (including the interior hose stream demand) or greater, or a standpipe system is included, four 2 l /2" (63 m) inlets shall be provided. 2. The fire department connection may be located within 150 feet (45.72 m) of a private fire 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 fire sprinkler system check valve. Section 5 -1 General is hereby amended by the addition of the following text as Mows: When flre sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with a minimum design area of 3,000 square feet (278.7M2). Warehouses sprinklers systems shall be desi ng ed to protect Class IV Commodities (as defined in Article 81 of the UFC) to the maximum storage height of the building. Use is considered undetermined if not specified at the time the permit is issued. Where a subsequent occuvancu reauires a system with greater cavability. it shall be the system to the the nezo occupanp Section 5- 6.5.2.2 Obstructions to Sprinkler Discharge Pattern Development is hereby amended by deleting exception 1 without replacement. Section 5- 14.1.1.4 Valves Controllin Sprinkler Systems is hereby amended by deleting Section 4- 14.1.1.4 in it's entirety and substituting with the following_ Control valves shall be installed and positioned so that they are operable from the floor below. The center line of the valve shall be no more than 7 feet (2134 mm) above finished floor. Section 5- 15.2.3.5 is amended by modi 'n& the first sentence bed ollowing language: Fire department connections shall be on the street side of building, located 30 feet (9.14 m) minimum from beginning of radius for driveway approach and arranged so they are located immediatehadjacent to the approved flre department access road 21 so that hose lines can be readily and conveniently attached to the inlets without inter rence from nearby objects including buildings, fence, posts, or other fire department connections. Section 6 -13.1 is amended by modifying the first sentence with the fallowing language: Welding studs and the tools used for their installation shall be listed. Section 6-1.3.2 is amended by deleting it in it's entirety and replaced with the following language: The use of powder -driven studs are prohibited. Section 6 -4.7.3 is amended by deleting it in it's entiretV and replacing with the following language: Lag screws shall not be used to attach braces to the building stnreture. Section 6 -4.7.4 is amended by deb leting it in its entirety. Section 7 -1 General is amended bit tyre addition of the following text: When fire sprinkler systems are required in buildings of undetermined use other of not less than that required for an urainaa tlazara uroup z use, rotor a minimum design area o 3f 000 square feet (278.7 mz). Warehouse fire sprinkler systems shall be designed to Figure 7- 4.2.2.1.1 (d) curve "G ". Use is considered undetermined if not speeifled at the time the permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility o[the occupant to upgrade the system to the required densift/ for the new occupancy Section 8 -1.11 (43) is amended Iny adding a sentence at the end of the Paragraph With the following language: Flow test shall be completed within six months of the plan submittal to Newport Beach Fire Department. Section 9102.8 NFPA 13D 1999 Edition Installation of Sprinkler Systems in One- and Two - Family Dwellings and Manufactured Homes is hereby added as follows: 22 NFPA 13D, Section 3 -1 Valves and Drains is amended by deleting: Exception: 1 without substitution. NFPA 13D, Section 3 -2 Pressure Gauges is deleted and substituted: At least one water pressure gauge shall be installed on the riser assembly. NFPA 13D, Section 3 -6 is amended with the deletion of the exception and addition of the following language after the first paragraph: 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 Chief Additional interior alarm devices shall be required to provide audibilitu 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 70 dBA. Audible devices shall be pozvered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. listed fire alarm control panel. 2. When smoke detectors sped ed under CBC Section 310.9 are used to sound an alarm upon waterflow switch activation. NFPA 13 D- Section 4 -2.3 is amended bit the addition of the ollowing paragraph after the first paragraph. In rooms or areas with slopes, multiple beams or construction features creating conditions where sprinklers are obstructed, or the sprinkler head placement exceeds parameters specified in the products listing plans shall bear the wet- NFPA 13 D- Section 4 -6 Location of Sprinklers is amended by Deleting exception 3 and replacing it with a new exception 3 as follows: Sprinklers may be omitted from open attached porches, and similar open structures. Attached garages and carports shall be protected with listed quick response fire sprinklers spaced to protect a maximum area of 130 square feet 23 (12 08 mz) The diameter of the main or cross -main piping serving the lines in the garage shall be equal to the largest diameter piping on any main or cross main within the system. Deleting exception 5 without replacement. Adding the following Paragraph after the last exception: All attics shall be protected with intermediate temperature quick response heads which shall be located to protect attic penetrations created by access scuttles or mechanical equipment. Section 9102.9 NFPA 13R, 1999 Edition, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height is hereby added as follows: NFPA 13 R 1999 Ed. Section 2 -4.6 Alarms is amended to read: Alarms. Local water -flow alarms shall be provided on all sprinkler systems and shall be connected to the building_ftre alarm or water flow monitoring system Where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Section 1006.2.9.1.1 of the 2000 California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be minimum of 15 dBA above the average ambient sound or a minimum of 70 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 uninteruptible circuit (except for overcurrent protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, Iisted for outside service and audible from the access roadway that serves that building. NFPA 13 R 1999 Ed. Section 2- 5.1.2.1 Number of Design Sprinklers is amended to read: 2- 5.1.7.3 Sprinklers shall be positioned so that the response time and discharge are not unduly affected by obstructions such as ceiling slope, beams, or light fixtures. In rooms or areas With multiple beams or construction features creating conditions where sprinklers are obstructed, or the sprinkler head placement exceeds the maximum allowable deflector distance specified in the products listing plans shall bear the zvet- stamp of a registered professional engineer certifijing equal or rerg ater protection that prescribed in the 1999 Edition of NFPA 13 R. 24 NFPA 13R- Section 2 -6 Locations Sprinklers Exception 4 is amended to read as follows: Exception 4: Sprinklers may be omitted from ILenthouse equipment rooms, crazol spaces, floor ceiling spaces, elevator shafts, and other locations in attics of single family homes. All other attics shall be protected per 1999 edition of NFPA 13. Section 9102.10 NFPA 14, 1999 Edition, Installation of Standee, Private hydrant and Hose Systems is hereby added as follows: threaded (NHS) inlets. Additional inlets shall be provided on a 250 GPM (946L) per inlet ratio to meet the system demand. The inlets shall be provided with droved caps to protect the system from entr�jof debris. Fire department inlet connections shall be painted OSHA salty red. Section 5 -3.1 Location of Hose Connections, General, is hereby deleted and substituted with the following: Class I Standee hose connections shall be unobstructed and shall be located not less than 18 incites (457.2 mm) or more than 24 inches (609.6mm) above the finished floor. Class II Standee hose connections shall be unobstructed and shall be located not less than 3 feet (914.4 ntm) or more than 5 feet (1524 mm) above the flnished fl—oor- Class III Standee hose connections shall be unobstructed and shall be located not less titan 18 incites (457.2 nett) or more than 24 inches (609.6mm) above the nished floor. Section 9102.11 NFPA 20, 1999 Edition, Installation of Stationary Pumps for Fire Protection is hereby added as follows: NFPA 20 2- 14.1.2 Water usage or discharge may not be permitted for the duration of the test speci ed in Chapter 11. All new fire pump installations shall be designed to test t)te pump and suction supply and determine that the system is operating in accordance with the design. The flozn shall continue until flow has stabilized. (See 11- 2.6.3) The fire pump(s) shall be designed to allozo for testing of the fire puntp(s) bit both a listed and approved exterior discharge test - header device(s) and a listed and approved metering device that re- circulates the test 25 water to the suction line or returns the test water to the water source in accordance with Appendix A -2- 14.1.2 and A -2- 14.2.1. Section 9102.12 NFPA 24,1999 Edition, Installation of Private Fire Service Mains and Their Appurtenances is hereby added as follows: Section 2 -6.6 is lwrebz( deleted in it's entirety and replaced with the following: The fire department connection shall contain a minimum of two 2 112" inlets. The Chief. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA saft red. Exceptions: 1. When the sprinkler density design is 500 gpm (including The sprinkler system clwck valve. to the inlets zvitlwut interference from nearby objects including buildings, fence, posts, or other fire department connections. Section 7 -2 Coating and LiniM of Pipe is 1wreb y amended by deleting it in its entirety and replace with the follozoinL All ferrous metaI pipe shall be lined, and steel pipe shall be coated and wrapped With joints coated and wrapped after assembly. All ferrous pipe and fittings shall be protected With a loose 8 -mill poluetlzylene tube. The ends of the tube shall be sealed with 2 inch (50.8 mm) wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Section 8 -5 is hereby amended by adding new Section 8 -5.3 With the following language: 8 -5.3 All bolts used in pipe-ioint assembly shall be stainless steel. E Section 8 -71 is hereby amended u4th the follozning language: Backfill shall be znell tamped in layers and wetted under and around pipes to prevent settlement or laterial movement. Backfill shall consist of clean fill sand to a minimum 12 inches below and to a minimum of 12 inches above the pipe. 9.04.380 Clearance of Brush or Vegetative Growth from Structures - Amendment to Appendix II -A. Appendix II -A, Section 16 is deleted and amended to read as follows: SECTION 16 CLEARANCE OF BRUSH OR VEGETATIVE GROWTH FROM STRUCTURES 16.1 General. Each person who has any ownership or possessory interest in, or control of, a parcel of land shall comply with the standards herein to maintain a defensible space to protect structures adjacent to a wildland fire hazard area. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces are responsible for modifying or removing non -fire resistive vegetation. 16.2 Definition. 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 the structure. 16.3 Fuel Modification Distance. All habitable structures including any attachments to that structure located within 100 feet (30.48 m) of a wildland fire hazard area shall comply with the fuel modification restrictions outlined in this document. This requirement applies only to those sides of the structure, which face the wildland fire hazard area. 16.4 MAINTENANCE OF DEFENSIBLE SPACE 16.4.1 Trees. All trees located within 100 feet (30.48 m) of any portion of a structure shall comply with the following guidelines: A. Existing trees are not required to have a separation of tree canopies but must be maintained free of all dead or dying foliage. B. 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 `r1d will 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. C. Trees shall be maintained free of dead wood and foliage, and all dead trees must be removed. D. Where shrubs are located within the dripline of a tree, the lowest tree branch shall be at least three times as high as the shrub. This process will remove the potential for fires to spread from lower shrubs and bushes to higher trees and structures. E. Trees extending to within five feet of any structure shall be pruned to maintain a minimum clearance of five feet. 16.4.2 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: A. All dead and dying growth shall be removed from shrubs and bushes. B. All shrubs and bushes not on the fire resistive plant list shall be maintained no closer than ten feet apart branch tip to branch tip. C. One to three shrubs and bushes together in a small group can be considered a single bush if properly maintained. D. All shrubs that are listed on the fire resistive plant list need not be separated if properly maintained. E. For the purpose of firefighter entrance and egress provide three feet of access along both sides of the structure. 16.4.3 Ground Cover. All groundcover located within 100 feet (30.48 m) of any portion of a building shall comply with the following guidelines: A. Ground cover that is properly planted, irrigated, and maintained is permitted within the defensible space. B. Non - planted areas may be covered with a minimum of five inches (127 nun) of chipped biomass or its equivalent. C. All ground cover that is either dead and /or dying shall be removed. 28 16.4 Firewood. Firewood and combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies of other projections or overhangs. Storage of firewood and combustible material in the defensible space must be located a minimum of 15 feet (4.57 m) from structures and separated from the driplines of trees by a minimum of 15 feet (4.57 m). 16.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: A. Remove leaves, needles, twigs, and other combustible matter from roofs and rain gutters. B. Portions of trees, which extend within ten feet of the outlet of a chimney, shall be removed. C. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The spark arrester screen shall be made from a material that is both heat and corrosion resistant, and the openings shall not permit the passage of spheres having a diameter larger than one -half inch (13 mm). Nothing contained in this section shall be deemed to preclude the Fire Marshal from requiring more than the minimum specific requirements set forth above when the Fire Marshal determines that conditions exist which necessitate greater fire protection measures. 16.6 Notification and Abatement Procedures 16.6.1 Notice. Uncontrolled or high weeds, brush, plant material, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the Fire Marshal shall give notice to the owner of record to abate the hazard within 30 days. The notice shall state that the 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 FM parcel to be collected on the next regular property tax bill levied against the parcel. 16.6.2 Commencement of Abatement Proceedings. Whenever the Fire Marshal or a designee 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 Marshal is ordered to take appropriate correction actions based upon those findings. 16.6.3 Service Of Notice. The Fire Marshal shall notify the owner of affected properties as shown on the latest equalized tax assessment roll by mail, of intention to abate the fire hazard. Notices shall be mailed by certified mail to the address of the property owner not less than 15 days prior to the date of the proposed abatement and shall be done by mailing the same to the owner's address as indicated. Failure of any 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. 16.6.4 Appeal. The property owner may appeal the decision of the Fire Marshal requiring the maintenance of an effective firebreak by sending a written appeal to the Fire Chief within ten (10) days of the notice. 16.6.5 Abatement Hearing Procedure. All hearings under this chapter shall be held before the Fire Chief, who shall hear all facts and testimony he 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 Chief may impose such conditions and take such other action, as it deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the Fire Chief shall be final and shall be served on the property owner within 48 hours. 16.6.6 Private Property Abatement. If any order of the Fire Chief or the Fire Marshal made pursuant to this ordinance 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. 16.6.7 Emergency Private Property Abatement. When in the opinion of the Fire Marshal or his designee, a substandard structure or substandard property is an immediate hazard to life and property, and the Fire kill Marshal or his designee makes written findings to the effect that abatement of such a fire hazard requires immediate action, the Fire Marshal may then cause such work to be done to the extent necessary to eliminate the hazard. At least 24 hours prior the abatement, the Fire Marshal, or his designee shall attempt to contact the property owner to inform the owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. At the time or shortly thereafter the work is performed, the Fire Marshal or his designee shall post a notice and mail to the property owner the nature of the work performed. Any individual aggrieved by the action of the City under this section, may appeal the determination of the action to the Fire Chief as set forth in this section except that the appeal shall be filed within ten (10) days from the date of mailing the notice of work performed. 16.6.8 Abatement Costs. The costs involved in the correction of the substandard conditions 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 Chief or his designee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within 30 days after mailing of such notice, 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 Section 38773.5 of the Government Code. 16.6.9 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. 9.04.390 Spark Arrestors Required in Wildland Fire Areas - Amendment to Appendix II -A of the 2001 California Fire Code. Appendix II -A is amended by adding Section 25 -Use of Equipment to read as follows: SECTION 25 USE OF EQUIPMENT 25.1 Equipment prohibited without a spark arrestor. Except as otherwise provided in this section, no person shall use, operate, or cause to 31 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 25.3 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 25.3. 25.2 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. 25.3 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. 25.4 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 an effective mechanical condition. 9.04.400 Fuel Modification Requirements for New Construction - Amendment to Appendix II -A. Appendix II -A is amended by adding Section 27 to read as follows: SECTION 27 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION 27.1 General. All new buildings to be built or installed in special fire protection area /very high fire hazard severity zone, or areas containing combustible vegetation shall comply with this section. 27.2 Plans. Preliminary fuel modification plans shall be submitted to and approved by the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. 32 The fuel modification plans shall meet the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas. 27.3 Maintenance. All elements of the fuel modification plan shall be maintained in accordance with the approved plan. 27.4 Alterations. The fuel modification plan may be altered if conditions 9.04.410 Special Fire Protection Areas/Very High Fire Hazard Severity Zone - Appendix II -A -2 is created as follows: APPENDIX II -A -2 SPECIAL FIRE PROTECTION AREASIVERY HIGH FIRE HAZARD SEVERITY ZONE Section 1 Scope. Structures in, or adjacent to, grass, brush, or forest covered lands that have a greater risk to life and property from fires. This includes risk of fire spreading into structures, fire exposures from adjacent structures, and structure fires spreading to wildland fuels. All structures located within and adjoining special fire protection areas shall be in accordance with Appendix II -A -2. Section 2 Definitions. For the purpose of this section certain terms are defined as follows: ADJOINING STRUCTURE is a structure immediately adjacent to and in the first row of buildings bordering a special fire protection area. ENCLOSED STRUCTURE is a structure with a roof and two or more sides. EXPOSED SIDE, for the purpose of applying requirements to structures in Special Fire Protection Areas, is the exposed side of a structure shall be defined as the exterior wall of a structure for which a 100 foot (30.48 m) perpendicular line drawn from any portion of that wall intersects the fuel modification zone or any forest - covered, brush - covered, grass- covered area or other land covered with combustible vegetation. SPECIAL FIRE PROTECTION AREA is any geographic area designated by the Fire Chief; in accordance with recognized state- wide evaluation criteria, where structures and other human 33 development meet or intermingle with wildland or vegetative fuels and /or which contains the type and condition of vegetation, topography, weather, structure density and other relevant factors which potentially increases the possibility of wildland conflagration fires resulting from airborne and /or groundborne fire spread. Such 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 and structures having no roof or other covering. Unenclosed structures include patio covers, decks, and balconies. VERY HIGH FIRE HAZARD SEVERITY ZONE is any geographic area designated per 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. Section 3 Authority. The Fire Chief shall have the responsibility to designate all Special Fire Protection Areas. Section 4 Fuel Modification Plans 4.1. General. Fuel Modification plans shall be prepared in accordance with this section. 4.2. Fuel Modification Plan. Preliminary fuel modification plans for all improvements in areas containing combustible vegetation shall be submitted to the Fire Chief concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The plans shall be the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas EXCEPTION: The Fire Chief, with the concurrence of the Building Official, may waive the vicinity plan submittal requirements of this section. 4.3. Issuance of Grading or Building Permits. No grading permit or, if no grading permit is to be issued, no building permit for new construction, shall be issued prior to the submittal to and approval by the Fire Department of vicinity and fuel modification plans as required by this Section. 34 Section 5 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 6 Building Construction Features 6.1. General. In addition to other relevant provision of the Building Code, all structures located within Special Fire Protection Areas shall also be in accordance with Section 6. 6.2. Proximity to Property Lines. Structure on adjacent properties shall be five feet (1524 mm) from property lines or shall be separated by a minimum of ten feet (3048 mm). EXCEPTIONS: 1. Projects with site plans or tract maps approved by the City prior to the effective date of this ordinance are exempt from requirements of this Section. 2. Exterior walls with no openings are exempt from requirements of this Section provided exterior portion of exterior walls shall be of non - combustible or one -hour fire resistive construction. 6.3. Exterior Walls. The exposed side of exterior walls, including enclosed accessory structures, shall be of non - combustible materials or one hour fire resistive construction for the exterior portion. No openings shall be permitted in such walls. EXCEPTIONS: 1. 1 3/8 -inch (34 mm) solid core doors, metal doors, and multi - glazed windows and doors are permitted. 2. The walking surface of balconies and decks may be constructed on non- rated materials. 6.4. Attic and Foundation Ventilation Openings. Attic or foundation ventilation openings in vertical walls and attic roof vents shall not exceed 144 square inches (09 m2) per opening and shall be covered with metal louvers and one - fourths inch (6.25 mm) mesh corrosion - resistant metal screen. Ventilation openings and access doors shall not be permitted on the exposed side of the structure. 6.5. Cornices, Eaves Overhangs, Soffits, and Exterior Balconies. Cornices, eaves overhangs, soffits, exterior balconies and similar architectural appendages and projections on the exposed side of the structure shall be of noncombustible construction or enclosed in one -hour fire resistive material or heavy timber construction conforming to Section 605.6 of the Building Code. Space between rafters at the roof overhangs 35 shall be protected by non - combustible materials or with double 2 inch (51 mm) nominal solid blocking under the exterior wall covering. No ventilation openings or other openings shall be permitted in eave overhangs, soffits, between rafters at eaves or in other overhanging areas on the exposed side of the structure. 6.6. Roof Coverings. Roof coverings on structures in Special Fire Protection Areas shall be as follows: 6.6.1. New and Reconstruction. Roof covering for new construction and reconstruction shall, as a minimum, be a Class A roof assembly. 6.6.2. Repairs and Additions. Repairs and additions of ten percent or more of an existing roof area shall be with a Class A roof covering. 6.6.3. Skylights. Skylights shall have a noncombustible frame glazed with dual glazing of heat strengthened or fully tempered glass or shall be a three- fourths hour fire resistive assembly. 6.7. Automatic Fire Extinguishing Systems. All new construction and reconstructed structures located in Special Fire Protection Areas /Very High Fire Hazard Severity Zone shall be equipped with an approved automatic fire sprinkler system. EXCEPTION: Unattaclied accessory structures suds as patio covers, storage sheds, bridges, decks, carports, greenhouses or similar structures are exempt fronx requirements of this section. 6.8. Unenclosed Attached Accessory Structures. Unenclosed accessory structures on the exposed side, with openings between the living area and the accessory structure, shall be of noncombustible, one -hour fire resistive or heavy timber construction. EXCEPTIONS: 1. Where openings in the wall between the living area and the accessory structure are protected by a fire assembly having a 45- minute fire protection rating. 2. In lieu of fire protection as outlined in this section, accessory structures may be protected by an approved residential automatic fire sprinkler system. Section 7 Exclusions from Special Fire Protection Areas 7.1. A property which is designated as being within a Special Fire Protection Area may later be excluded from within the Special Fire Protection Area, upon written request and a finding that inclusion of the 36 property within a Special Fire Protection Area and the application of the requirements of this Appendix to the property are no longer necessary for effective fire protection within the area to be excluded. The procedures for excluding a property from within a Special Fire Protection Area/Very High Fire Hazard Severity Zone and the requirements of this Appendix are set forth in Section 8 and 9 belozo. 7.2. Upon determination that the property shall be excluded from the Special Fire Protection Area, the property shall be relieved of further compliance with this Appendix. Section 8- Conditional Exclusions The Fire C)tief finds that, under the ollozning circumstances, an area previously designated, as being within a Special Fire Protection AreaNery High Fire Hazard Severitu Zone shall: longer necessary for effective fire protection zoithin the area to be excluded, 8.2 Be excluded from the requirements of this Appendix because, as a result of its location and/or through required compliance zoith the provisions of any applicable Fuel Modification Zone Guidelines in effect for the area as required by Section 11, the area mill no longer be in, upon, or adjoining a Special Fire Protection AreaNenI High Fire Hazard Severity Zone; and 8.3 Be removed from the Special Fire Protection Area Very High Fire Hazard Severity Zone Map. T)ze conditions for such an exclusion (the "Exclusion Conditions ") shall be as Ilozns: 8.3.1 A final subdivision or parcel map (a "Map ") for the Property to be excluded has been recorded in the official records of the County Recorder and that Map. a. Clearly identifies the Property to be excluded; and b. Was approved subject to conditions of approval znhich include those conditions described in Section 11; 8.3.2 COMPLIANCE WITH SECTION 11 ITEM 1 HAS BEEN CERTIFIED BY THE FIRE CHIEF AS EVIDENCED BY ITS EXECUTION OF A DOCUMENT IN SUBSTANTIALLY THE FORM OF SECTION 11; AND 37 8.3.3 Application for revision of the Special Fire Protection Area/Very High Fire Hazard SeveriW Zone map has been made to the Fire Chief accompanied by all required fees. Section 9- Petitions for Exclusions A property within a Special Fire Protection ArealVery High Fire Hazard Severity set 11 provided that: 9.1 The legal or equitable owner of the property petitions the Fire Chief to have that properW excluded from the Special Fire Protection ArealVery High Fire Hazard Severity Zone and the requirements of this Appendix. 9.3 The Fire Chief makes a finding, supported by substantial evidence in the record, that, as a result of its location and/or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for the area as required by Section 11, the area will no lower be in, upon adioining a Special Fire Protection ArealVenjHigh Fire Hazard Severity / one. 9.4 The Fire Chief mav impose such conditions on the removal of properties from the Special Fire .Protection ArealVenLHigh Fire Hazard Severity Zones as may be required in order for the Fire Chief to make these fndings. Section 10- Additions to Special Fire Protection Area/Vea High Fire Hazard Severity Zones The Fire Chief may add areas to a Special Fire Protection ArealVery High Fire Hazard Severity Zone, including areas previously removed pursuant to Sections 8 and 9 above, if the Fire Chief finds, upon substantial evidence in the record, that the requirements of this Appendix are required or effective fire protection within the area to be designated a Special Fire Protection AreaNery High Fire Hazard Severity Zone. The demonstrated failure of property owner to substantially comply with any of the conditions in Section 11 may constitute substantial evidence that imposition of the requirements of this Appendix are required for effective fire protection within the property to be re- designated as a Special Fire Protection ArealVenf High Fire Hazard Severity Zone, provided that the property meets all other state and local requirements for inclusion within a Special Fire Protection ArealVenl High Fire Hazard Severity Zone. 38 Section 11- Required Conditions of Approval 11.1 There shall be created and maintained on and/or adjoining the properhl a fuel modification zone (the "Fuel Modification Zone ") which meets all standard fuel modification requirements of the Fire Chief 11.2 Compliance with any maintenance provisions of the applicable fuel modification requirements shall be enforced pursuant to the provisions of the Fuel Modification Plan. 11.3 Where the Fuel Modification Zone is to be maintained by a )tomeoznners' association conditions, covenants and restrictions must be recorded against all property within the homeo2oners' association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modi cation requirements. 11.4 The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the City in order to assure that the Fuel Modification Zone continues to be maintained in compliance with the applicable fuel modification requirenents. A reasonable fee, to be established by the Fire Chief from time to time, may be charged to each homeozoners' association subject to the fuel modification requirements to offset the costs of the annual inspection. 11.5 Any occupied structure on any lot which adjoins a Special Fire Protection Area/Very High Fire hazard Sez)eriht Zone shall be constructed in compliance with all requirements of the Uniform Building Code and Uniform Fire Code which are applicable to dwellings or occupied structures which are built on lots within Special Fire Protection Area/Vent High Fire Hazard Severihj Zones with the exception that sprinklers shall not be required unless otherwise provided for by other applicable provisions of the Uniform Building Code or the Uniform Fire Code. For purposes of this Section 11, adjoining means the first row of buildings bordering a Special Fire Protection Area/Very High Fire Hazard Severity Zone. 11.6 Before the City issues Certificate or Occupancy (or its equivalent) for any structure within or adjoining a special fire protection area shall meet all of the requirements of Section 8 to the satisfaction of the Fire Chief 11.7 All construction within a tract which is to be removed from a Special Fire Protection Area shall have Class A roof assemblies. Section 12- Amendments to Special Fire Protection Area/Very High Fire Hazard Severity Zone Map 12.1 The Fire Chief shall cause an official map of the Special Fire Protection Area/Vent High Fire Hazard Severihi Zones to be prepared. The map shall be 39 reviezned and updated on a three -year basis or more frequently as deemed necessary. When a properh/ is excluded from a Special Fire Protection Area/Ven/ High Fire Hazard Severity Zone or added to a Special Fire Protection Area/Very High Fire Hazard Severity Zone, the Fire Chief shall cause the Special Fire Protection Area/Very High Fire Hazard Severity Zone may to be amended to reflect such exclusion or addition. 9.04.420 Standpipes on Docks - Amendment to Appendix II -C. Appendix II -C Section 6.1 and 6.2.1 of the Fire Code is deleted and amended to read as follows: Appendix II -C 6.1 General. Piers, wharves, floats with facilities for mooring or servicing vessels, and marine motor vehicle fuel- dispensing stations shall be equipped with fire - protection equipment in accordance with Section 6. Appendix II -C 6.2.1 Standpipes on Docks. Any portions of a float more than 150 feet (45.72 m) from fire apparatus access and a marine service station shall be provided with an approved Class II wet standpipe system installed in conformity with applicable standards in Uniform Building Code Standard No. 9 -2 and Fire Code Section 1004. 9.04.430 Hazardous Materials Inventory Statements - Amendment to Appendix II -E. Appendix II -E is deleted and amended to read as follows: Appendix II -E Chemical Classification Packet. Hazardous materials inventories shall be submitted for approval in accordance with Newport Beach Fire Department Chemical Classification Packet. 9.04.440 Use of Aboveground Tanks for Fuel Dispensing - Amendment to Appendix II -F. Appendix Ii -F is deleted and amended to read as follows: Appendix II -F Protected Aboveground Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings. Storage and dispensing of motor fuels into the fuel tanks of motor vehicles from protected aboveground tanks located outside buildings shall be in accordance with Newport Beach Fire Department Guidelines for Protected Aboveground Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings. 9.04.450 Fire Flow Requirements - Amendment to Appendix III -A. Appendix III -A is amended by deleting the exception in 5.2 and adding the exception to read as follows: EXCEPTION: A reduction in required fire flow of up to 50 percent, as approved by the Fire Chief, may be allowed when the building is 40 provided with an approved automatic sprinkler system. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 L/ min.). 9.04.460 Nationally Recognized Standards of Good Practice - Amendment to Appendix V -A. Section 2 of Appendix V -A shall be amended by adding the following Section 2.1 as follows: Section 2.1 Adoption of NFPA Standards. The latest editions of NFPA National Fire Codes and amendments thereto are adopted as a recognized standard for the technical application of this code. EXCEPTIONS: 1. NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to the Public by Volunteer Fire Departments, 2001 Editions. SECTION 2. That 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. This Ordinance shall be published once in the official newspaper of the City and shall be effective November 1, 2002. 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