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Home My WebLink About13 - 2007 Newport Beach Fire CodesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Lewis, Fire Chief, 644 -3101 siewisOcity. newport- beach.ca. us SUBJECT: Adoption of the 2007 Newport Beach Fire Codes 1. Conduct public hearing. 2. Introduce Ordinance No. 2007- amending Title 9.of the NBMC to adopt the 2007 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2006 International Fire Code; and 3. Pass to second reading on December 11, 2007. DISCUSSION: This is a request to update Title 9 of the Newport Beach Municipal Code by adopting, the California Fire Code and the International Fire Code with local amendments. On January 1St of 20.07, the State of California, pursuant to State law, adopted the 2006 International Fire Code with State amendments for State regulated occupancies titled the 2007 California Fire Code. The effective date of that adoption is January 10, 2008. Subsequent to that adoption local agencies may amend the State Codes based on local geographic, climatic or topographic conditions. Local amendments may take effect on January 10 of 2008. Agenda Item No. November 27, 2007 Page 2 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. It also adopts the portions of the International Fire Code that were not adopted by the State of California. The public hearing and first reading will be conducted on November 27th 2007. The final reading and adoption of the code is scheduled for December 11 `h, 2007. This code change is significant in that California has, for the first time, joined with the majority of the nation's states in adopting a single model fire code. The challenge this presented for Fire Department staff was incorporating the City's existing local amendments into an entirely new body of code. The vast majority of amendments included in this ordinance are simply a renumbering of existing amendments to fit the new code. Staff took this opportunity to rewrite several existing amendments that apply to the City's Special Fire Protection Areas. The purpose of the rewrite was solely to clarify the applicability of the specific amendments. This was in response to many complaints we have received from both architects and the Building Department staff regarding applicability of the urban wildland interface construction regulations. Staff also took this opportunity to delete several local amendments that are no longer necessary because the regulations have been satisfactorily included in the model code. All amendments are found on the attached summary table. New amendments are shown in bold. Prepared by: Steve Bunting Fire Marshal Attachments: Summary Table Submitted by: !� 2- — Steve Lewis Fire Chief SUMMARY OF PROPOSED AMENDMENTS NBMC Section CFC Title Action Comments Section 9.04.010 Adoption of the 2007 New California Fire Code and the 2006 International Fire Code 9.04.020 202 Definitions Existing Alters the State definition of a high rise building from 75' down to 55 feet. Also takes into account buildings more than 40' below grade. 9.04.030 202 Definitions New Defines Cul- deSac. 9.04.030 307.1.1 Prohibited burning Revises Adds recreational fires to prohibited existing open burning. 9.04.030 307.4.2 Recreational fires Existing Requires fires on beaches and in parks to be in provided fire rings. 9.04.030 316.1 Temporary heaters Existing Places limits on temporary heaters in commercial occupancies. 9.04.030 316.2 Permanent heaters Existing Prohibits compressed flammable asses for permanent installations. 9.04.030 317 Geological surveys Existing Requires a geological survey for development within 1 000' of abandoned gas or oil well, or known toxic or hazardous sites. 9.04.030 318 Brush clearance Revises Better defines where brush and existing vegetation clearance for "defensible space" is required. Authorizes the Fire Department to take action to abate a hazard. 9.04.030 319 Fuel Modification Existing Requires the maintenance of fuel modification zones when established. Authorizes the Fire Department to take action to maintain the fuel modification zone. 9.04.030 320 Construction standards Revises Incorporates the new State of California for buildings adjoining existing provisions for buildings in the urban Special Fire Protection wildland interface zone. Adds additional Areas regulations for those buildings which abut wildland areas. Clarifies "Where Required". 9.04.030 321 Exclusions Special Fire Revises Permits the Fire Chief to exclude a Protection Areas existing designated area if significant changes no longer warrant inclusion. Changes simplify language and procedure for doing so. 9.04.030 322 Amendments to Special Existing Requires the Fire Chief to update the Fire Protection Areas SFPA map every three years. 9.04.030 323 Use of equipment in Existing Restricts the use of equipment that Special Fire Protection could cause fire in wildland areas. Areas 9.04.030 324 Restricted entry Existing Restricts entry into hazardous wildland areas. NBMC Section CFC Title Action Comments Section 9.04.030 325 Posted fire hazard Existing Prohibits entry into posted areas. 9.04.030 326 Explosives and blasting Existing Regulates the use of explosives and blasting agents within wildland fire areas. 9.04.030 327 Open flame devices Existing Prohibits the use of open flame devices within wildland fire areas. 9.04.030 328 Outdoor fires Existing Regulates outdoor fires in wildland areas. 9.04.030 329 Incinerators and fire Existing Regulates outdoor incinerators and places fireplaces in wildland areas. 9.04.030 330 Clearance of brush Existing Requires the clearance of brush from from roadway roadways. Authorizes the Fire Department to do so. 9.04.030 331 Abatement procedures Revises Two separate sets of identical Existing procedures were incorporated into one. 9.04.040 503 Fire apparatus access: Existing Establishes minimum widths and Roads vertical clearance. Establishes minimum turning radius. Requires a cul -de -sac for dead ends greater than 150' in length. Establishes a maximum grade. 9.04.040 503.6 Fire apparatus access: Existing Establishes minimum opening width. Gates Requires an approved remote opening device. 9.04.040 503.7 Speed bumps Existing Speed bumps are prohibited. 9.04.040 503.8 Fire apparatus access: Revises Prohibits speed bumps. Incorporates Obstructions existing City's traffic calming policy. 9.04.040 505.1 Premises Identification Existing Requires street numbers to be displayed. Sets size for residential and commercial properties. 9.04.040 506.1 Key box Existing Requires key box on the property to enable Fire Department access. 9.04.050 511 Building information New Requires building information to be (For- kept on the premises for special merly by hazard buildings. policy) 9.04.050 603.6.6 Spark arrestors on Existing Requires spark arrestors on chimneys. chimneys and flues 9.04.060 610 Breathing air New Requires a built in air replenishment replenishment system for firefighter use in all new systems high rise buildings, including buildings built 40 feet or more below grade. 9.04.060 903 Fire Sprinkler Systems Existing Requires fire sprinklers in all buildings 5000 square feet or greater. 9.04.060 903.2 Fire Sprinklers in Existing Establishes thresholds for the addition existing structures of fire sprinkler systems when the size of an existing building is increased. 9.04.060 903220 Fire sprinklers in tall Existing Requires fire sprinklers in all buildings buildings 40' or more in height. NBMC Section CFC Title Action Comments Section 9.04.060 903.3.1.2.1 Alarms Existing Sets standards for alarm notification for occupants and alarm monitoring companies. Establishes a minimum volume for the notification devices within buildings. 9.04.060 903.3.1.2.2 Permissible omissions Existing Allow for the omission of sprinkler heads in areas not used for living spaces or storage. 9.04.060 903.3.1.3.2 Fire Alarms Existing Provides for interior and exterior notification of firesprinkler activation. 9.04.060 903.3.1.3.3 Ancillary buildings and Existing Establishes thresholds for the addition structures of fire sprinklers in ancillary buildings. Establishes pipe size and sprinkler density. 9.04.060 903.3.1.4 Sprinkler system design Existing Requires fire sprinkler systems to be designed in accordance with Fire Department guidelines. 9.04.060 905 Standpipe system Revises Requires openings and fire hose outlets design existing in exterior walls on for greater than 300 feet in any horizontal dimension. 9.04.060 907 Fire alarm and Revises Establishes design criteria for alarm detection systems existing systems. 9.04.060 907.2.12 Fire alarm systems in Revises Requires fire alarm systems in buildings tall buildings existing 55' or greater in height or 40 ' or more below grade. 9.04.060 907.11 Door release service Existing Requires a door holder to be connected to the fire alarm system that will release the door if the alarm is activated. Creates a means for shop owners to safely hold their fire doors open. 9.04.060 912.1.1 Configuration Existing Establishes the number of inlets required for the fire department connection to the firesprinkler system. 9.04.060 912.2 Location Existing Establishes criteria for the location of a fire hydrant near a fire department connection. 9.04.070 2703.12 Outdoor control areas New Requires security for the outdoor storage of hazardous materials. 9.04.070 2704.1 Maximum quantity on Revises Prohibits the storage or use of site existing extremely hazardous substances beyond Federal thresholds in or near residential areas. 9.04.080 3301 Explosives and Existing Prohibits fire works in Newport Beach. fireworks Requires a fire department permit for the use and storage of fireworks in Newport Beach. 9.04.090 3404 Storage of flammable Existing Prohibits the underground storage of liquids flammable liquids in residential areas. 9.04.090 3406.4 Bulk plants and Existing Prohibits flammable and combustible terminals liquid bulk plants and terminals within Newport Beach. 9.04.100 4501 NFPA Standards Existing Adopts the latest version of the National Fire Protection Association standards NBMC Section CFC Title Action Comments Section 9.04.110 104.1.1 General authority Existing Grants authority to the fire code official over all land and occupancies. 9.04.110 105.1.1 Permits required Existing States that permit fees shall be established by City Council Resolution. 9.04.110 105.6.47 Temporary heaters Revises Limits the use of temporary heaters to a existing maximum of 7 days at a time up to a maximum of 28 days in a calendar year. 9.04.110 107.6 Occupant count Existing Requires operators of places of assembly to keep an accurate count of people within their facility. 9.04.120 B1052 Fire flow requirements Existing Reduces the credit for fire sprinklers from 75% to 50 %. Removes the allowance of the credit for residential firesprinkler systems. 9.04.130 Appendix M Marinas Revises Marinas were left out of the 2006 existing International Fire Code. They have since been adopted in the 2008 Code. This appendix adopts the 2008 IFC provisions it to include local requirements. 9.04.130 M2 Definitions New Defines "Dock ". Most other parts of the country call a dock a "Float'. 9.04.130 M4 Fire protection Existing Establishes the requirement for fire equipment protection hoses on docks. Defines the type of equipment required. States what the spacing of equipment. 9.04.130 M4.1 General Existing States that the "requirements for fire protection equipment' applies to commercial and multi - family residential docks. Not single family dwellings. 9.04.130 M4.2 Standpipes Existing Requires standpipes that can be used by both the public and firefighters. 9.04.130 M4.3 Access and water Existing Requires access roads to dock areas supply and fire hydrants in those areas. 9.04.130 M6.1 Multiple berthing and Revises Prohibits multiple berthing. Allows boat vessel rafting existing owners to tie a tender or dinghy to the boats stern under certain conditions. 9.04.130 M6.1.1 Permitted multiple Existing Establishes conditions under which a berthing permit can be issued for multiple berthing. 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. 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. 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. 2 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: Chapter 9.04 FIRE CODE Code: 9.04.010 Adoption of the 2007 California Fire Code and the 2006 International Fire Code 9.04.020 Definitions and Abbreviations - Amendments to Chapter 2 9.04.030 General Precautions Against Fire — Amendments to Chapter 3 9.04.040 Fire Service Features — Amendments to Chapter 5 9.04.050 Building Services and Systems — Amendments to Chapter 6 9.04.060 Fire Protection Systems — Amendments to Chapter 9 9.04.070 Hazardous Materials - General Provisions — Amendments to Chapter 27 9.04.080 Explosives and Fireworks — Amendments to Chapter 33 9.04.090 Flammable and Combustible Liquids — Amendments to Chapter 34 9.04.100 California Standards- Referenced Standards — Amendments to Chapter 45 9.04.110 Administration — Amendments to Appendix Chapter 1 9.04.120 Fire Flow Requirements for Buildings — Amendments to Appendix B 9.04.1 3O Appendix M — The Fire Code is amended by adding Appendix M 9.04.010 Adoption of the 2007 California Fire Code and the 2006 International Fire Code There is hereby adopted by the City and incorporated herein by reference into this chapter, those certain codes known as the "International Fire Code, 2006 Edition and the California Fire Code 2007 Edition," and the whole thereof including the Appendices therein, errata issued during and after publishing date, and the accompanying International Fire Code Standards, save and except such portions as are hereinafter deleted, added or amended which shall be collectively be known as the "Fire Code." 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. P 9.04.020 Amendments to Chapter 2, "Definitions and Abbreviations" of the 2007 California Fire Code. Section 202 is amended by adding the definition of "Cul -de -Sac" and deleting definition #2 of "High Rise Building" and amending it to read as follows: CUL -DE -SAC is a street, closed at one end, with a circular terminus at the closed end to allow vehicles to turn around. HIGH RISE BUILDING. As used in this Code: A. "Existing high rise structure" means a high rise structure, the construction of which is commenced or completed prior to July 1, 1974. B. "High rise structure" is any building having floors used for occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department access. Such buildings shall have fire and life safety systems required by the Building Code for high rise buildings except buildings used as hospitals as defined in the Health and Safety Code, Section 1250. C. "New high rise structure" means a high rise structure, the construction of which is commenced on or after July 1, 1974. 9.04.030 Amendments to Chapter 3, "General Precautions Against Fire" of the 2007 California Fire Code Section 307. 1.1 is deleted and amended to read as follows: Section 307.1.1 — Prohibited open burning and /or recreational fires. Open burning and/or recreational fires that are offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.4.2 is amended by adding Section 307.4.2.1 to read as follows: Section 307.4.2.1 Beach, 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. 4 Chapter 3 is amended to add Sections 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, and 331 and shall read as follows: Section 316 Outdoor Heaters. Section 316.1 Temporary heaters. No person shall place or operate or permit to be operated, in a commercial occupancy, any temporary heater that uses any flammable or combustible solids, liquids, or gases without a fire department permit. Section 316.2 Permanent heaters. No person shall install or operate any permanent heating appliance without first obtaining a permit and approval from the City of Newport Beach Building Department. No person shall use compressed flammable gases as fuel for permanent heating appliances. Section 317 Geological Surveys. Development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. Section 317.1 Geological Surveys. The fire code official may require the submittal for review and approval of geological studies, evaluations, reports, , remedial recommendations and/or similar documentation. from a state - licensed and department approved individual or firm, on any parcel of land to be developed which: A. Has, or is adjacent to, or within 1,000 feet (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; or B. May contain or give off tobc, combustible or flammable liquids, gases, or vapors. Section 318 Clearance of brush or vegetation growth from structures. Section 318.1 General. Each person or entity who owns, leases, controls, operates, or maintains any parcel of land within or adjacent to a designated Special Fire Protection Area(s) or Very High Fire Hazard Severity Zone shall comply with the requirements of Fire Code Section 318 to maintain a defensible space to protect structures within Special Fire Protection Area(s). Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces shall be responsible for modifying or removing non -fire resistive vegetation. These regulations apply to all parcels of land within the City of Newport Beach Special Fire Protection Areas which directly abut wildland space or a designated Fuel Modification Zone on one or more sides. Section 318.2 Definition. DEFENSIBLE SPACE: 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 structure(s). Section 318.3 Maintenance of Defensible Space. Section 318.3.1 Trees. All trees located within 100 feet (30.48 m) of any portion of a structure shall comply with the following guidelines: (For Fuel Modification Zones: all trees located between a structure and the edge of the "A" Zone proximal to the structure) : A. Existing trees are not required to have a separation of tree canopies but shall 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 shall 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 shall be removed. D. Where shrubs and bushes located within the drip line of a tree, the lowest tree branch shall be at least three times as high as the shrub and /or bush. 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. 21 Section 318.3.2 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: (For Fuel Modification Zones: All shrubs and bushes located between a structure and the edge of the "A" Zone proximal to the structure): 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 have a minimum separation of 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 and buses that are listed on the fire resistive plant list need not be separated if properly maintained as determined by the fire code official E. For the purpose of firefighter entrance and egress, a minimum of three feet of access shall be provided along both sides of any structure. Section 318.3.3 Ground Cover. All ground cover located within 100 feet (30.48 m) of any portion of a structure shall comply with the following guidelines: (For Fuel Modification Zones: All ground cover located between a structure and the edge of the "A" Zone proximal to the structure): 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 maximum of five inches (127 mm) of chipped biomass or its equivalent. C. All ground cover that is either dead and /or dying shall be removed. Section 318.3.4 Firewood. Firewood and. combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, on decks or under eaves, canopies of other projections or overhangs. Storage of firewood and combustible material in the defensible space shall be located a minimum of 15 feet (4.57 m) from any structure and separated from the drip lines of trees and shrubs by a minimum of 15 feet (4.57 m). 7 Section 318.3.5 Roofs. All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: A. Leaves, needles, twigs, and other combustible matter shall be removed from roofs and rain gutters. B. Any portion of any tree, bush or shrub, which is located within ten feet of the outlet of a chimney, shall be removed. C. All chimneys attached to any appliance or fireplace that bums solid fuel shall be equipped with an approved spark arrester constructed in accordance with the California Building Code. Nothing contained in this section shall be deemed to preclude the fire code official from requiring more than the minimum specific requirements set forth above when the fire code official determines that conditions exist, which necessitate greater fire protection measures. Section 319 Maintenance of Fuel Modification Zones. Section 319.1 All elements of the fuel modification plan shall be maintained in accordance with the approved plan. Fuel modification zones not in compliance with their fuel modification plan constitute a fire hazard. 0 Section 320 Construction Requirements for Structures Adjacent to Special Fire Protection Areas. Section 320.1 General: In addition to the regulations found in Chapter 7A of the California Building Code and other relevant sections of the California Building Code, all new construction, re- construction and additions to structures located on parcels of land adjacent to the City of Newport Beach Special Fire Protection Areas, which directly abut wildland space or a designated fuel modification zone on one or more sides shall be built in accordance with the regulations found in Section 320 of the Fire Code. Exceptions: A. Additions of less than 50% of the square footage of the existing structure are not required to comply with the requirements for automatic fire sprinklers found in Section 320.7.1, unless automatic fire sprinklers are required by other sections of this code, or unless the existing structure is already equipped with automatic fire sprinklers. B. One story detached accessory buildings used as tool and storage sheds, playhouses and similar uses may be exempt from the requirements of this section provided all the following are met: (a) the accessory building floor area does not exceed 120 square feet, (b) the accessory building is not located less than 5 feet from all property lines and not less than 10 feet from other structures, and (c) the backyard complies with and is maintained in accordance with Zone A requirements for "fuel modification zones ". Section 320.2 Definitions. For the purpose of this section, certain terms are defined as follows: EXPOSED SIDE: The exposed side of the structure is defined as the exterior wall or walls which face adjoining wildland space or a designated fuel modification zone. RECONSTRUCTION: Any building undergoing construction within any 2 -year period, in which the floor area of reconstruction is 50 percent or more prior to the submittal of a building permit application, shall comply with the Building and Fire Code provisions for new construction. SPECIAL FIRE PROTECTION AREA: Any geographical area, designated by the Fire Chief, in which structures directly abut wildland space or a fuel modification zone on one or more sides. Special Fire Protection 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 enclosed. VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the California 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. M Section 320.3 Authority. The Fire Chief shall have the authority to designate all Special Fire Protection Areas. Section 320.4. Fuel Modification Requirements for New Construction. All new and reconstructed structures located on parcels of land adjacent to the City of Newport Beach Special Fire Protection Area, which directly abut wildland space or a designated Fuel Modification Zone on one or more sides shall comply with this section. 320.4.1 Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. The plans shall be developed using the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan Guidelines for Wildland Fire Hazard Areas. 320.4.2 Maintenance. All elements of the approved fuel modification plan shall be maintained in accordance with the approved plan. 320.4.3 Alterations. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved by the fire code official. Section 320.5 Issuance of Grading or Building Permits. No grading permit or, if no grading permit is to be issued, no building permit for new and reconstructed structures, 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. Section 320.6 Street Widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width. 10 Section 320.7 Building Construction Features. Section 320.7.1 Automatic Fire Extinguishing Systems. All new and reconstructed structures located adjacent to Special Fire Protection Areas shall be equipped with an approved automatic fire sprinkler system. Exceptions: A. Private garages or carports used exclusively for parking, 500 square feet or less where the existing structure on the same property is not provided with an automatic fire extinguishing system. B. Decks and balconies, open trellis, open patio covers, open shade structures and similar structures without roofs. Section 320.7.2 Proximity to Property Lines. New and reconstructed structures shall be not less than five feet (1524 mm) from an adjacent property line. Exception: Exterior walls with no openings facing adjoining property are exempt from the requirements of this section provided the exterior side of the wall is constructed of ignition resistant material, one hour fire resistant or heavy timber construction. Section 320.7.3 Roofing. New and re -roofing shall be in accordance with the California Building Code Chapter 7A and the City of Newport Beach Municipal Code Chapter 15. Section 320.7.4 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. Section 320.7.5 Attic Ventilation Openings. Attic ventilation shall be in accordance with the California Building Code, Chapter 7A. Exception: Attic ventilation openings are prohibited on the exposed side(s) of the structure. Section 320.7.6 Eave Protection. Eaves, cornices, soffits and similar architectural features shall be in accordance with the provisions for eave protection in the California Building Code, Chapter 7A. Exception: Eaves, cornices, soffits and similar architectural features on the exposed side(s) shall be of ignition resistant, one hour, or heavy timber construction. 11 Section 320.7.7 Exterior Walls. Exterior walls shall be in accordance with the California Building Code, Chapter 7A. Exceptions: A. Wall ventilations openings are prohibited on the exposed side(s) of exterior walls and foundations. B. Access doors shall be in accordance with the provisions for exterior door assemblies in accordance with the California Building Code, Chapter 7A. Section 320.7.8 Decking, Floors and Under Floor Protection: Decking, floors and under floor protection shall be in accordance with the California Building Code, Chapter 7A. Section 320.7.9 Ancillary Buildings and Structures: Ancillary buildings and structures shall be in accordance with Section 320 of the Fire Code and the California Building Code, Chapter 7A. Section 320.7.9.1 Unenclosed Attached or Detached Ancillary Buildings and Structures Located on the Exposed Side(s). Unenclosed attached or detached ancillary buildings and structures located on the exposed side shall be constructed of ignition resistant materials or of one hour fire resistive, non - combustible or heavy timber construction. Roof construction shall be in accordance with Section 320.7.3 of the Fire Code. Section 320.7.9.2 Open Trellis, Open Patio Covers, Open Shade Structures and Similar Structures Without Roofs, Located on the Exposed Side(s). In lieu of heavy timber construction, open trellis, open patio covers, open shade structures and similar structures may be constructed with wood columns not less than 4 inches (102 mm) in any dimension; wood beams and /or joists not less than 4 inches (54 mm) in width and 6 inches (152 mm) in depth spaced no closer than 24 inches (610 mm) clear; and wood roofing no less than 2 inches (51 mm) in thickness placed on end spaced no closer than 6 inches (152 mm) clear. Section 321 Exclusions From Special Fire Protection Areas. Section 321.1 General. Properties adjoining designated Special Fire Protection Areas may be excluded from the area upon written request and a finding by the Fire Chief that the application of the requirements in Section 320 of the Fire Code are no longer necessary for effective fire protection to the area. For the purposes of this section, adjoining means the first row of buildings bordering a special fire protection area. M Section 321.2 Petitions for Exclusion. The Fire Chief may consider an exclusion or a conditional exclusion by the following means: A. The legal or equitable owner of the property petitions the Fire Chief to have that property excluded from the Special Fire Protection Area/Very High Fire Hazard Severity Zone and the requirements of this Chapter. B. The Fire Chief makes a finding, supported by substantial evidence in the record, that the requirements of this Chapter are not necessary for effective fire protection within the area to be excluded. C. The Fire Chief makes a finding, supported by substantial evidence in the record, that, as a result of its location or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for the area, the area will no longer be in, upon, or adjoining a Special Fire Protection Area. D. The Fire Chief may impose such conditions on the removal of properties from the Special Fire Protection Area/Very High Fire Hazard Severity Zones as may be required for the Fire Chief to make these findings. Section 321.3. All construction within a tract, which is to be removed from a Special Fire Protection Area shall have Class A roof assemblies. Section 322 Amendments to Special Fire Protection Areas / Very High Fire Hazard Severity Zone Map. 322.1 The Fire Chief shall cause an official map of the Special Fire Protection Area/Very High Fire Hazard Severity Zones to be prepared. The map shall be reviewed and updated on a three -year basis or more frequently as deemed necessary. When a property is excluded from a Special Fire Protection Area/Very 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 map to be amended to reflect such exclusion or addition. Section 323 Use of Equipment in Special Fire Protection Areas. Section 323.1 Equipment Prohibited Without a Spark Arrestor. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining 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 323.3 of the Fire Code maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to Section 323.4 of the Fire Code. Section 323.2 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. 13 Section 323.3 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. Section 323.4 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 d all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and the turbocharger is in effective mechanical condition. Section 324 Restricted Entry to Hazardous Fire Areas. Section 324.1 General. The Fire Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited. Exceptions: A. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands. B. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service. Section 325 Trespassing on Posted Property. Section 325.1 General. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided. Section 325.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. Section 325.3 Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty. 14 Section 326 Explosives and Blasting in Hazardous Fire Areas. Section 326.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the fire code official. Section 327 Open Flame Devices in Hazardous Fire Areas. Section 327.1 General. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon hazardous fire areas, except by permit from the fire code official. Exception: Use within habited premises or designated campsites which are a minimum of 30 feet (9144 mm) from grass -, grain -, brush- or forest - covered areas. Flame - employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon hazardous fire areas. Exception: The proper use of fusees at the scenes of emergencies. Section 328 Outdoor Fires in Hazardous Fire Areas. Section 328.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas, except by permit from the fire code official. Exception: Outdoor fires within habited premises or designated campsites where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9144 mm) from a grass -, grain -, brush- or forest - covered area. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the following conditions: A. When high winds are blowing, B. When a person age 18 or over is not present at all times to watch and tend such fire, or C. When public announcement is made that open burning is prohibited. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash or combustible waste material. 15 Section 329 Incinerators and Fireplaces in Special Fire Protection Areas. 329.1 General. Incinerators, outdoor fireplaces, permanent barbecues and grills shall not be built, installed or maintained in Special Fire Protection Areas without prior approval of the fire code official. Incinerators, outdoor fireplaces, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door. Exception: When approved, unprotected openings in barbecues and grills necessary for proper functioning. Section 330 Clearance of Brush or Vegetation Growth from Roadways. Section 330.1 Clearance of Brush or Vegetation Growth from Roadways. The fire code official is authorized, to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The fire code official is authorized to enter upon to do so. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. Section 331 Notification and Abatement Procedures. Section 331.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this code increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within 30 days. The notice shall state that the property 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 parcel to be collected on the next regular property tax bill levied against the parcel. Section 331.2 Commencement of Abatement Proceedings. Whenever the fire code official 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 code official is ordered to take appropriate correction actions based upon those findings. 16 Section 331.3 Service of Notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) calendar days prior to the date of the proposed abatement. Failure of any property 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. Section 331.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) calendar days of the mailing of the notice. Section 331.5 Abatement Hearing Procedure. All hearings under Chapter 3 of the Fire Code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she 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 code official or Fire Chief may impose such conditions and take such other action, as he /she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final and shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) calendar days. Section 331.6 Private Property Abatement. If any order of the Fire Chief or the fire code official is made pursuant to this ordinance and 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. Section 331.7 Emergency Private Property Abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty (24) hours prior the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 17 Section 331.8 Abatement Costs. The costs involved in the . correction of the substandard conditions and fire hazards 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 code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Government Code Section 3877.3.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) calendar days of the mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirty (30) days after mailing of such notice or after a decision has been rendered on any appeal, 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 the procedures set forth in Section 38773.5 of the Government Code which is incorporated herein by this reference. Section 331.9 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.. M. 9.40.040 Amendments to Chapter 5, "Fire Service Features" of the 2007 California Fire Code. Section 503.1.1. Section 503.1.1, exception # 1 is deleted and amended to read as follows: Exception: The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1. Section 503.2.1. Section 503.2.1 is deleted and amended to read as follows: Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and shall not be less than 26 feet (7.92 m) within 30 feet (9.14 m) of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6. Roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). Section 503.2.4. Section 503.2.4 is deleted and amended to read as follows: Section 503.2.4 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 code official. Section 503.2.5. Section 503.2.5 is deleted and amended to read as follows: Section 503.2.5 Dead Ends. Dead end fire apparatus access roads in excess of 150 feet (45.720 mm) in length shall be provided with an approved cul-de -sac for turning around fire apparatus without backing up. Section 503.2.7. Section 503.2.7 is deleted and amended to read as follows: Section 503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed ten percent. Section 503.6. Section 503.6 is deleted and amended to read as follows: Section 503.6 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. Where gates are electrically operated an approved key switch and an approved remote opening device shall be installed and maintained operational at all times or locked in the open position until operational. 19 Section 503.6. Section 503.6 is amended by adding Section 503.6.1 to read as follows: Section 503.6.1 Vehicle Access Gates. Vehicle access gates or barriers installed across streets shall be in accordance with the Newport Beach Fire Department Guidelines. The minimum width of any gate or opening necessary or 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 503. Section 503 is amended by adding Sections 503.7 and 503.8 to read as follows: Section 503.7 Speed Bumps. Speed bumps are prohibited. Section 503.8. Obstructions. Any obstructions in required fire access roadways such as speed humps or other traffic calming measures, when approved by the fire code official, shall be in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Guidelines. Section 505.1. Section 505.1 is deleted and amended to read as follows: Section 505.1 Promises 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 506.1. Section 506.1 is amended by adding Section 506.1.2 to read as follows: Section 506.1.2 Key Box Contents. When a Key box is required it shall contain two sets of the following: A. Keys to locked points of ingress whether on the interior or exterior of the building. B. Keys to locked mechanical equipment rooms. C. Keys to locked electrical rooms. D. Keys to elevator controls. E. Keys to other areas as directed by the fire code official. Chapter 5. Chapter 5 is amended by adding Section 511 to read as follows: Section 511 Building Information. The fire code official is authorized to require a cabinet for onsite storage of pre -plans and other building information that is accessible to the fire official. 9.04.050 Amendments to Chapter 6, "Building Services and Systems" of the 2007 California Fire Code. Section 603.6. Section 603.6 is amended by adding Section 603.6.6 to read as follows: Section 603.6.6 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 the California Building Code. All incinerator chimneys shall terminate in a substantially constructed spark arrestor having an iron, heavy wire mesh not exceeding'h inch (12.5mm). Section 604. Section 604 is amended by adding Section 604.2.16.2.2 to read as follows: Section 604.2.16.2.2 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 604.2 of the California Fire Code in the following locations: A. In the main exit corridor of each floor, adjacent to each exit enclosure. B. On every level in every stairwell. C. In each elevator lobby. D. In public assembly areas larger than 1,500 square feet (139.36 M2). E. In every fire control room. F. In such other areas as may be designated by the fire code official. Outlets shall be RED in color. Chapter 6. Chapter 6 is amended by adding Section 610, 610.1 and 610.2 to read as follows: Section 610 Breathing Air Replenishment System Section 610.1 General. Breathing air replenishment systems shall be installed in accordance with the requirements of Section 610. 21 610.2 Air Replenishment Systems. All high rise buildings having floors used for human occupancy located more that fifty five (55) feet above the lowest level of fire department vehicular or personnel access (as determined by the fire code official), or located forty (40) feet below the level of fire department vehicular or personnel access (as determined by the fire code official) shall be equipped with an approved breathing air replenishment system (BARS) for firefighters. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of self contained breathing air carried by firefighters in the performance of their duties. The location of refill stations, installation of the system and maintenance of the BARS shall be in accordance with the Newport Beach Fire Department Standards. 9.04.060 Amendments to Chapter 9, "Fire Protection Systems" of the 2007 California Fire Code Section 903.2. Section 903.2 is deleted and amended to read as follows: Section 903.2 Where Required. 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 j. For R -3 occupancies the floor area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. Exceptions: The elimination of sprinkler protection in the following areas is subject to approval of the fire code official. A. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than one hour fire resistance-rated walls and 2 —hour fire resistance - rated floor /ceiling assemblies. B. Automatic fire sprinkler protection for fixed guide way transit systems shall be as per Section 903.2.17. 97 Section 903.2. Section 903.2 is amended by adding Section 903.2.18 to read as follows: Section 903.2.18 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 mZ) 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 903.2. Section 903.2 is amended by adding Section 903.2.19 to read as follows: Section 903.2.19 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 mZ) or less, the existing structure and the addition need not be equipped with an automatic sprinkler system. B. When additions exceed 1,250 square feet (116.13 mZ) 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 mZ) 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: Group R, Division 3 and Group U occupancies. Section 903.2. Section 903.2 is amended by adding Section 903.2.20 to read as follows: Section 903.2.20 Buildings more than 40 feet (12,192 mm). Automatic fire sprinklers shall be installed in all occupancies having floors used for human occupancy located more than 40 feet (12,192 mm) above or below the lowest level of Fire Department vehicle access, as determined by the fire code official. 23 Section 903.3.1.2. Section 903.3.1.2 NFPA 13R Sprinkler Systems is amended by adding Sections 903.3.1.2.1 and 903.3.1.2.2 to read as follows: Section 903.3.1.2.1 Alarms. Local waterFlow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system where provided. A minimum of one approved interior alarm device in each unit shall be provided. Sound levels in all sleeping areas shall be minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed. Alarms shall be audible within all other Irving areas within each dwelling unit. When not connected to a fire alarm or water -flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. Section 903.3.1.2.2 Permissible Omissions. Sprinklers may be omitted from penthouse equipment rooms, crawl spaces, floor ceiling spaces, elevator shafts, and other concealed spaces that are not intended for Irving purposes or storage. Sprinklers may also be omitted from attics, which are not located over dwelling units. When attics are separated by unit, each unit's attic space may be protected per the NBFD amended NFPA 13D section on head locations in attics of single family homes. All other attics shall be protected per NFPA 13. Section 903.3.1.3. Section 903.3.1.3 NFPA 13D Sprinkler Systems is amended by adding Sections 903.3.1.3.1, 903.3.1.3.2, 903.3.1.3.3 to read as follows: Section 903.3.1.3.1 Valves. The sprinkler system piping shall not be provided with its own control valve. Section 903.3.1.3.2 Exterior and Interior Alarms. 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 code official. Additional interior alarm devices shall be required to provide audibility 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 75 dBA. Audible devices shall be powered from an uninterruptible circuit (except for over - current protection) serving normally operated appliances in the residence. Exceptions: A. When an approved water flow monitoring system is installed, interior audible devices may be powered through the CSFM listed fire alarm control panel. B. When smoke detectors specified under CBC are used to sound an alarm upon waterflow switch activation. 24 Section 903.3.1.3.3 Ancillary Buildings and Structures. Sprinklers may be omitted from open attached porches, open trellis, open shade covers and similar open structures when approved by the fire code official. Attached garages and carports shall be protected with listed quick response fire sprinklers spaced to protect a maximum area of 130 square feet (12.08 m2). 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. 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 903.3.1. Section 903.3.1 is amended by adding Section 903.3.1.4 to read as follows: Section 903.3.1.4 System Design. Shall be in accordance with Newport Beach Fire Department Guideline # F.02 Fire Sprinkler System Design Pressure. Section 905.4. Section 905.4 is amended by adding # 7 to read as follows: Every new building with any exterior wall dimension greater than 300 feet (91.440 mm) in any horizontal direction shall be provided with access doors and 2.5" fire hose outlets so that all portions of the building can be reached with 150 feet (45.720) of hose from an access door. Required access doors shall be located on the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall not be less than 3 feet (914 mm) in width and not less than 6 feet 8 inches (2032 mm) in height. Section 907.1. Section 907.1 is amended by adding section 907.1.5 to read as follows: 907.1.5 System Design. No building shall have more than one fire alarm panel. Al 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 code official. Section 907.2.12. Section 907.2.12 is amended to read as follows: Section 907.2.12 High -Rise Building. All occupancies having floors used for human occupancy located more than 55 feet (16,764 mm) above or 40' below the lowest level of fire department vehicle access as determined by the fire code official, shall be provided with an automatic fire alarm system and a communication system in accordance with 907.2.12.2. Al 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. 25 Section 907.11. Section 907.11 is amended by adding section 907.11 .1 to read as follows: 907.11.1 Door Release Service. All doors within interior service corridors of commercial occupancies shall be equipped with automatic closing devices released by smoke detectors or smoke detection systems. Section 912. Section 912 is amended by adding Section 912.1.1 and amending 912.2 to read as follows: 912.1.1 Configuration. The fire department connection shall contain a minimum of two- 2 '/" inlets. The location shall be approved and be no more than 150 feet (45.72 m) from a public hydrant. The size of piping and the number of inlets shall be approved by the fire code official. All fire department connections shall be listed assemblies. Fire department inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. Exceptions: A. When the sprinkler density design is 500 gpm (including the interior hose stream demand) or greater, or a standpipe system is included, four 2 %:" inlets shall be provided. B. The fire department connection may be located within 150 feet (45.72 m) of a private 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 sprinkler system check valve. Section 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connection shall be approved. When possible, the fire department connection shall be located 30 feet (9.14 m) minimum from beginning of radius for driveway approach. 9.04.070 Amendments to Chapter 27, "Hazardous Materials - General Provisions" of the 2007 California Fire Code Section 2703.12. Section 2703.12 Outdoor Control Areas 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 code official. 26 Section 2704. 1. Section 2704.1 is amended by adding Section 2704.1 .1 to read as follows: 2704.1.1 Maximum Quantity on Site. Maximum quantity on site. No person shall use or store any amount of extremely hazardous substances (EHS) equal to or greater than the disclosable amounts as listed in Appendix A, Part 355, Title 40, of the Code of Federal Regulations in a residential zone or adjacent to property developed with residential uses. 9.04.080 Amendments to Chapter 33, "Explosives and Fireworks" of the 2007 California Fin; Code Section 3301.1. Section 3301.1 is deleted and amended to read as follows: Section 3301.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Chapter 33. For explosives requirements, see Title 19 California Code of Regulations, Chapter 10. For Fireworks requirements, see Title 19 California Code of Regulations, Chapter 6. Chapter 33. Chapter 33 is amended by adding Sections 3309 Fireworks, 3309.1 Fireworks 1.413 & Fireworks 1.313, 3309.2 Seizure of Fireworks, 3310 Storage, and 3310.1 Storage of Explosives and Blasting Agents to read as follows: Section 3309.1 Fireworks IIAG & Fireworks 1.3G. No person shall store, use, sell, possess, or handle fireworks 1.413, (commonly referred to as "Safe and Sane ") and fireworks 1.313 anywhere in the City of Newport Beach. Exception: Fireworks 1 AG and fireworks 1.313 may be part of a public display when permitted and conducted by a licensed pyrotechnic operator. Section 3309.2 Seizure of Fireworks. The fire code official shall have the authority to seize, take, and 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 3310.1 Storage of Explosives and Blasting Agents. No person shall store explosives or blasting agents anywhere in the City of Newport Beach unless the fire code official has issued a permit authorizing use and /or storage. 27 9.04.090 Amendments to Chapter 34, "Flammable and Combustible Liquids" of the 2007 California Fire Code Section 3404.2.11.2. Section 3404.2.11.2 is amended by adding #4 to read as follows: 4. 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 20.05 of the Newport Beach Municipal Code. Section 3406.4. Section 3406.4 is deleted and amended to read as follows: Section 3406.4 Bulk Plants or Terminals. 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 code official. Approved installations shall comply with Sections 3406.4.1 through 3406.4.10.4. 9.04.100 Amendments to Chapter 45, "California Standards — Referenced Standards" of the 2007 California Fire Code Section 4501 Adoption of NFPA Standards. The latest editions of National Fire Protection Association National Fire Codes and amendments thereto, are adopted as a recognized standard for the technical application of this code. 9.04.110 Amendments to Appendix, Chapter 1 "Administration" of the 2007 California Fire Code Section 104.1. Section 104.1. is amended by adding Section 104.1.1 to read as follows: Section 104.1.1 General. The fire code official is authorized and directed to enforce, within the scope of Section 104.1, the provisions of this code over all occupancies and land used within the City. Section 105.1.1. Section 105.1.1 is deleted and amended to read as follows. Section 105.7.1 Permit Fees. Permits required by this code shall be obtained from the fire code official. Permit fees, if any, shall be paid prior to the issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. Permit fees to the City shall be in an amount established by resolution of the City Council. Section 105.6.19. Section 105.6.19 is amended by deleting Section 105.6.19, "Fumigation or Thermal Insecticidal Fogging ". M Section 105.6.47. Section 105.6.47 is amended by adding #4 to read as follows: 4. Temporary heaters. To operate a listed and approved heater in a commercial occupancy for a period of seven days and not to exceed twenty eight days in a calendar year. Section 107.6. Section 107.6 is amended by adding Section 107.6.1 to read as follows: Section 107.6.1 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 code official 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. 9.04.120 Amendments to Appendix B, "Fire —Flow Requirements for Buildings" of the 2007 California Fire Code Section B1052. Section B1052 is deleted and amended to read as follows: B105.2 Buildings Other Than One- and Two- Family Dwellings. The minimum fire flow and flow duration for buildings other than one- and two- family dwellings shall be as specified in Table B105.1. Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1. The resulting fire flow shall not be less than 1,500 gallons per minute (5677.5 Umin.) for the prescribed duration as specified in Table B105.1. 29 9.04.130 Appendix M. The Fire Code is amended by adding Appendix M to read as follows: SECTION M1 GENERAL M1 Scope. Marina facilities shall be in accordance with this chapter. M1.2 Plans and Approvals. Plans for marina fire- protection facilities shall be approved prior to installation. The work shall be subject to final inspection and approval after installation. SECTION M2 DEFINITIONS M2.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. DOCK. A structure linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. FLOAT. A floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA. Any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. PIER. A structure built over the water, supported by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. VESSEL. A motorized watercraft, other than seaplanes on the water, used or capable of being used as a means of transportation. Included in this definition are non transportation vessels such as houseboats and boathouses. WHARF. A structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be anchored to. iil SECTION M3 GENERAL PRECAUTIONS M3.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or accumulated on land beneath marina structures, piers or wharves. M3.2 Sources of Ignition. Open -flame devices used for lighting or decoration on the exterior of a vessel, float, pier or wharf shall be approved. M3.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible liquids at or upon the water shall be reported immediately to the fire department or jurisdictional authorities. M3.4 Rubbish Containers. Metal containers with tight fitting or self closing lids shall be provided for the temporary storage of combustible trash or rubbish. M3.5 Electrical Equipment. Electrical equipment shall be installed and used in accordance with its listing and Section 605 and NFPA 303, Chapter 3 as required for wet, damp and hazardous locations. M3.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. SECTION M4 FIRE - PROTECTION EQUIPMENT M4.1 General. Piers, wharves, docks and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple docking facilities at multiple - family residences 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 M4. M4.2 Standpipes. When any portion of a pier, wharf, dock or float is more than 150 ft. (45.72 m) from a fire apparatus access road, it shall be equipped with a Class III standpipe system and one or more Class III standpipe outlets installed in accordance with the California Building Code, NFPA 303 and Newport Beach Fire Department Guidelines. M4.3 Access and Water Supply. Piers, wharves, docks and floats shall be provided with fire apparatus access roads and water- supply systems with on -site fire hydrants when required by the fire code official. Such roads and water systems shall be designed and maintained in accordance with Sections 503 and 508. M4.4 Portable Fire Extinguishers. One 2A 20BC fire extinguisher shall be provided at each required hose station. Additional fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with Section 906. 31 SECTION M5 MARINE MOTOR VEHICLE FUEL DISPENSING STATIONS M5.1 Fuel- Dispensing. Marine motor vehicle fuel- dispensing stations shall be in accordance with Chapter 22. SECTION M6 BERTHING M6.1 Multiple Berthing and Vessel Rafting. All vessels in marinas shall be arraigned such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels. Exceptions: A. Tenders or dinghys may be tied to a vessel's stem without the need of an action plan providing the length of the tender or dinghy does not exceed the width of the vessel's beam. B. Vessels with beams of less than 14 feet are permitted to have a tender or dinghy, up to a maximum of 14 feet in length, tied to the vessels stem. M6.1.1 Permitted Multiple Berthing. A permit may be issued for multiple berthing under the following conditions: A. Multiple berthing occurs between the hours of 0700 to 1800. B. An action plan must be developed by the applicant indicating: How the vessels will be moved in the event of a fire; Who is responsible for moving the vessels; Where the vessels will be relocated to after 1800; Employee training and emergency communications. C. The multiple berthing is necessary for a special event or other extenuating circumstances and will occur for a limited period of time which shall be approved by the fire code official. 32 SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of . 2007, and was adopted on the day Of 2007, by the following vote to wit ATTEST: City Clerk 33 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR NOTICE HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on: Amendments to Chapter 9.04 Fire Code, of the Newport Beach Municipal Code. NOTICE IS HERBY FURTHER GIVEN that said public hearing will be held on the 27th day of November, 2007, at the hour of 7:00 p.m, in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3275. LaVonne M. Harkless, City Clerk Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 17, 2007 declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 20, 2007 at Costa Mesa, California. l / Signature R� =I!! =D 7117 NOV 26 AMft28 NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIV- EN that the City Council of the City of Newport Beach will hold a public hearing on Amendments to Chep- ter 9.04 Fire Code, of the Newport Beech Al nklpal Code. NOTICE 15 HERBY FUR- THER GIVEN that said public hearing will be held on the 27th day of November, 2007, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard. Newport Beach, California, at which time and place any and all persons in terested may appear and be heard thereon. It you challenge this project in court. you may be limited to raising only those issues you or someone else raised at the public hearing de- scribed in this notice or in written corre- spondence delivered to the City at. or prior to. the public hearing. For information call (949) 644 -3275. Laverne M. Harkles% City Clerk Published Newport Beach /Costa Mesa Daily Pilot November 17, 2007 S3451