The URL can be used to link to this page

Home My WebLink About11 - 2010 Fire Code & 2009 International Fire CodeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 November 9. 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Steve Parker, Interim Fire Chief, 644 -3101 sparker @.nbfd.net SUBJECT: Adoption of the 2010 California Fire Code and the 2009 International Fire Code RECOMMENDATION: 1. Conduct public hearing. 2. Introduce Ordinance No. 2010- amending Title 9 of the NBMC to adopt the 2010 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2009 International Fire Code; and 3. Pass to second reading on November 23, 2010. 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. The State of California, pursuant to State law, adopted the 2009 International Fire Code with State amendments for State regulated occupancies titled the 2010 California Fire Code. Pursuant to CA Health and Safety Code Section 17958, local jurisdictions shall adopt the CA Building Standards Code for local enforcement within 180 -days after publication. The California codes were published on July 4, 2010. 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 1, 2011. 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. Agenda Item No. November 9, 2010 Page 2 The public hearing and first reading will be conducted on November 9, 2010. The final reading and adoption of the code is scheduled for November 23, 2010. Staff took this opportunity to rewrite several existing amendments and add new amendments to address specific concerns in Newport Beach. After a thorough review of the existing amendments, a few were deleted because the regulations have been satisfactorily included in the model code. A brief description of a few of the more significant amendment changes are listed below: 1. The 2010 California Residential Code addresses the requirements for automatic fire sprinkler systems. This Code will be adopted and requires all new townhouses and one- and two- family dwellings be installed with automatic residential fire sprinkler systems. 2. Section 611 was added addressing Solar Photovoltaic Systems and reference is made to the requirements located in the Newport Beach Fire Department Guideline. 3. Emergency responder radio coverage in Appendix J was deleted and references the requirements in Section 510, which was amended to include the Newport Beach Fire Department Guideline. 4. The amendment regarding the use of liquefied petroleum gas with temporary heaters was deleted as the requirements and storage of LPG are adequately addressed in Chapter 38. 5. In other instances, renumbering of chapters occurred. The clearance of brush from structures in special fire protection areas or very high fire hazard severity zones was moved from Chapter 3 to Chapter 49. Marinas, previously located in Appendix M, is now located in Chapter 45. 6. The definition of High Rise Structure was rewritten to coincide with the Building Department's definition. All amendments are found on the attached summary table. Prepared . Fire Marshal Attachments: Summary Table Submitted by: ja--i,eat,t� Steve Parker Interim Fire Chief SUMMARY OF PROPOSED AMENDMENTS NBMC CFC Section Title Action Comments Section 9.04.010 Adoption of the 2010 New California Fire Code and the 2009 International Fire Code 9.04.020 104.1.1 Scope Existing Grants authority to the fire code official over all land and occupancies. 9.04.020 105.1.1 Compliance Existing States that permit fees shall be established by City Council Resolution. 9.04.020 105.5.1 Permits New States that permits may be revoked if activity is found to be non - compliant. 9.04.020 107.6.1 Occupant count Existing Requires operators of places of assembly to keep an accurate count of people within their facility. 9.04.020 111.4 Failure to comply New Establishes fees for work continuing after a stop work order was issued. 9.04.030 202 Definitions Revises Alters the State definition of a high rise existing building from 75' down to 55'. Also takes into account buildings more than 55' below grade. Defines Cul -de -Sac. 9.04.040 305.5 Vegetation New Requires 10' clearance from a chimney outlet to vegetation. 9.04.040 305.6 Clearance of brush or Revises Relocated from Sections 318 -330. (Requires vegetation growth from existing a 10' clearance on each side of highways roadways and private streets. 9.04.040 305.7 Notification and Revises Relocated from Sections 318 -330. abatement procedures existing (Establishes 30 -day and 15 -day notices for abatement notification and costs for non- compliance.) 9.04.040 307.1 .1 Prohibited open Revises Adds outdoor fireplaces to this section. burning, recreational existing fires, and /or outdoor fire laces 9.04.040 307.4.2.1 Beach, camp, and Existing Requires fires on beaches and in parks to be recreational fires in provided fire rings. 9.04.040 318 Geological surveys Revises Section number changed and added the existing requirement for modifications to existing systems. 9.04.050 503.1.1; 503.2.1; Buildings and facilities Existing Establishes minimum widths and vertical 503.2.4; 503.2.5; clearance. Establishes minimum turning 503.2.7 radius. Requires a cul -de -sac for dead ends greater than 150' in length. Establishes a maximum grade. 9.04.050 503.6; 503.6.1 Entrance gates /chains; Existing Establishes minimum opening width. Vehicle access gates Requires an approved remote opening device. 9.04.050 503.7 Speed bumps Existing Speed bumps are prohibited. Slow down emergency access and are dangerous to patient stabilization during EMS transport. 9.04.050 503.8 Obstructions Existing Describes Traffic calming measures. Incorporates City's traffic calming policy. SUMMARY OF PROPOSED AMENDMENTS NBMC CFC Section Title Action Comments Section 9.04.050 505.1 Premises identification Existing Requires street numbers to be displayed. Sets size for residential and commercial properties. 9.04.050 506.1.2 Key box contents Existing Requires key box on the property to enable Fire Department access. 9.04.050 508.1 General New Fire command center required for buildings more than 55 feet above or more than 30 feet below the lowest level of fire department access. 9.04.050 510.1 Emergency responder New Requires specific buildings and structures to radio coverage comply with the NBFD Guideline. 9.04.050 511 Building Information Existing Requires building information to be kept on the premises forspecial hazard buildings. 9.04.060 604.2.15.2.2 Emergency power Revises Section renumbered and removed reference outlets existing to outlets being red in color. 9.04.060 610 Breathing air Revises Requires a built in air replenishment system replenishment systems existing for firefighter use in all new high rise (BARS) buildings, including buildings built 55 feet or more below grade. 9.04.060 611 Solar photovoltaic New Requires systems to comply with the NBFD systems Guideline. 9.04.070 903.2 Where required Revises Establishes thresholds for the addition of fire existing sprinkler systems in new buildings and when the size of an existing building is increased. 9.04.070 903.2.8 Group R New Establishes thresholds for the addition of fire sprinkler systems in new buildings and when the size of an existing building is increased. 9.04.070 903.2.11.3 Building 40 feet or more Revises Section is renumbered (requires fire in height existing sprinklers in all buildings 40' or more in height.) 9.04.070 903.3.1.2.2 Alarms Existing Sets standards for alarm notification for occupants and alarm monitoring companies. Establishes a minimum volume for the notification devices within buildings. 9.04.070 903.3.1.2.3 Permissible omissions Existing Allow for the omission of sprinkler heads in areas not used for living spaces or storage. 9.04.070 903.3.1.3.1 Valves Existing States sprinkler systems shall not have their awn control valve. 9.04.070 903.3.1.3.2 Exterior and interior Existing Provides for interior and exterior notification alarms of firesprinkler activation. 9.04.070 903.3.1.4 System design Existing Requires fire sprinkler systems to be designed in accordance with NBFD guidelines. 9.04.070 907.1.6 System design Existing Establishes design criteria for alarm systems. 9.04.070 907.2.2 Group B New Establishes when a fire alarm system is required with one addition change #5 9.04.070 907.2.13 High -rise buildings Revises Requires fire alarm systems in buildings 55' existing or greater in height or 55' or more below grade. E SUMMARY OF PROPOSED AMENDMENTS NBMC CFC Section Title Action Comments Section 9.04.070 907.2.19 Deep underground Deleted Due to the revision of the high -rise definition buildings and to reduce redundancy, this section was deleted. 9.04.070 907.4.5 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. 9.04.070 907.6.2.2 Emergency voice /alarm New Establishes when and where the alert tone communication and voice instructions shall sound. systems 9.04.070 907.7.3.2 High -rise buildings New Establishes what alarm initiating devices shall have separate zones. 9.04.070 910.3.2.2 Sprinklered buildings New Establishes smoke and heat vent activation requirements. 9.04.070 912.1.1 Configuration Existing Establishes the number of inlets required for the fire department connection to the fire sprinkler system. 9.04.070 912.2 Location Existing Establishes criteria for the location of a fire hydrant near a fire department connection. 9.04.080 2703.12 Outdoor control areas Existing Requires security for the outdoor storage of hazardous materials. 9.04.080 2704.1.1 Maximum quantity on Existing Prohibits the storage or use of extremely site hazardous substances beyond Federal thresholds in or near residential areas. 9.04.090 3301 Scope Existing Prohibits fire works in Newport Beach. Requires a fire department permit for the use and storage of fireworks in Newport Beach. 9.04.090 3310 and 3311 Fireworks and Storage Revises Sections were renumbered. Electronically of Explosives and existing fired shows was added, no manually fired Blastin A ents shows permitted. 9.04.100 3404.2.11.2 Location Existing Prohibits the underground storage of flammable liquids in residential areas. 9.04.100 3406.4 Bulk plants and Existing Prohibits flammable and combustible liquid terminals bulk plants and terminals within Newport Beach. 9.04.110 Chapter 45 Marinas Revises Appendix M Marinas was moved to Chapter existing 45. Amendments listed below remain the same, just renumbered and relocated. 9.04.110 4502.1 Definitions Existing Defines "Dock ". Most other parts of the ountry calla dock a "Float'. 9.04.110 4503.6.1 Multiple berthing and Existing Prohibits multiple berthing. Allows boat vessel rafting owners to tie a tender or dinghy to the boats stern under certain conditions. 9.04.110 4503.6.2 Permitted multiple Existing Establishes conditions under which a permit berthing can be issued for multiple berthing. 9.04.110 4504.1 General Existing States that the requirement for fire protection equipment applies to commercial and multi- family residential docks. Not single family dwellin s. 9.04.110 4504.2 Standpipes Existing Requires standpipes that can be used by both the public and firefighters. 3 SUMMARY OF PROPOSED AMENDMENTS NBMC CFC Section Title Action Comments Section 9.04.120 Chapter 49 Requirements for Revises Amendments originally located in Sections Wildland -Urban existing 318 through 331, now relocated to amend Interface Fire Areas Chapter 49. 9.04.120 4901;4902; Clearance of Brush Existing Requires the maintenance of fuel 4903;4904 from Structures; modification zones when established. Definitions; Authorizes the Fire Department to take action Maintenance of to maintain the fuel modification zone. Defensible Space; Maintenance of Fuel Modification Zones 9.04.120 4905;4906 Construction Existing Incorporates the new State of California Requirements for provisions for buildings in the urban wildland Structures Adjacent to interface zone. Adds additional regulations Special Fire Protection for those buildings which abut wildland areas. Areas; Building Clarifies "Where Required ". Construction Features 9.04.120 4906.2 Combustible New Addresses the construction of various construction in 20' "A" structures in a fuel modification zone Zone setback. 9.04.120 4907 Exclusions Special Fire Deleted No longer permits the exclusion of a property Protection Areas from the requirements of a special fire hazard area. 9.04.120 4907 Amendments to Special Existing Requires the Fire Chief to update the SFPA Fire Protection Areas map every three years. 9.04.120 4908 Use of Equipment in Existing Restricts the use of equipment that could Special Fire Protection cause a fire in wildland areas. Areas 9.04.120 4909 Restricted Entry to Existing Restricts entry into hazardous wildland Hazardous Fire Areas areas. 9.04.120 4910 Trespassing on Posted Existing Prohibits entry into posted areas. Property 9.04.120 4911 Explosives and Blasting Existing Regulates the use of explosives and blasting in Hazardous Fire agents within wildland fire areas. Areas 9.04.120 4912 Open Flame Devices in Existing Prohibits the use of open flame devices Hazardous Fire Areas within wildland fire areas. 9.04.120 4913 Outdoor Fires in Existing Regulates outdoor fires in wildland areas. Hazardous Fire Areas 9.04.120 4914 Recreational Fires in Existing Regulates recreation fires in wildland areas. Special Fire Protection Areas 9.04.130 8105.2 Buildings other than Existing Reduces the credit for fire sprinklers from one- and two- family 75% to 50 %. Removes the allowance of the dwellings credit for residential firesprinkler systems. 9.04.140 Appendix J Emergency Responder Deleted Appendix J is deleted in its entirety and Radio Coverage addressed in Section 510. 2 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE AND LOCAL AMENDMENTS, AND THE 2009 INTERNATIONAL FIRE CODE RECITALS WHEREAS, Health & Safety Code Section 17958 provides that ordinances and regulations adopted by the State pursuant to Health & Safety Code Section 17922 shall apply to the City of Newport Beach 180 days after publication; and WHEREAS, The Fire Marshal of the State of California has adopted that certain fire code, entitled "2010 California Fire Code" based upon the 2009 International Fire Code published by the International Fire Code Institute, which, with certain deletions, amendments, exceptions, and additions, and including certain appendices, which apply only to those occupancies regulated by the California State Fire Marshal, has been copyrighted and published by the California Building Standards Commission; and WHEREAS, The Newport Beach Fire Chief finds it necessary to also adopt the 2009 International Fire Code as published and copyrighted by the International Code Council to apply regulations reasonably necessary to protect the health, welfare and safety of the residents and visitors of Newport Beach in those occupancies not regulated by the California State Fire Marshal; and WHEREAS, Health and Safety Code Sections 13143.5, 17958, 18941.5 permit the City to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the ordinances and regulations adopted by the State of California, if the City Council makes the express findings pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code; 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. 1 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 the 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. 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 Sections: 9.04.010 Adoption of the 2010 California Fire Code and the 2009 International Fire Code 9.04.020 Amendments to Chapter 1 Scope and Administration 9.04.030 Amendments to Chapter 2 Definitions 9.04.040 Amendments to Chapter 3 General Precautions Against Fire 9.04.050 Amendments to Chapter 5 Fire Service Features 9.04.060 Amendments to Chapter 6 Building Services and Systems 9.04.070 Amendments to Chapter 9 Fire Protection Systems 9.04.080 Amendments to Chapter 27 Hazardous Materials - General Provisions 9.04.090 Amendments to Chapter 33 Explosives and Fireworks 9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids 9.04.110 Amendments to Chapter 45 Marinas K i 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas 9.04.130 Amendments to Appendix B Fire -Flow Requirements for Buildings 9.04.140 Amendments to Appendix J Emergency Responder Radio Coverage 9.04.010 Adoption of the 2010 California Fire Code and the 2009 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, 2009 Edition and the California Fire Code 2010 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. 9.04.020 Amendments to Chapter 1 Scope and Administration Section 104.1 General is amended by adding Section 104.1.1 to read as follows: Section 104.1.1 Scope. 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 Permits required is amended to read as follows: Section 105.1.1 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 Section 105.5 Revocation is amended by adding Section 105.5.1 to read as follows: 105.5.1 PefmitsCompliance. A fire permit issued for any construction, operation, with all applicable codes, laws or regulations and any conditions or limitations prescribed by the fire code official for a specific permit. Section 105.6.19 Fumigation and thermal insecticidal fogging is amended by deleting 105.6.19 Fumigation and thermal insecticidal fogging in it's entirety. Section 107.6 Overcrowding is amended by adding Section 107.6.1 to read as follows: 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. 3 Section 111.4 Failure to comply is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine P n ~^'�,ot— � {AMF3UNT]-- deltar e ere4- han- 4AM®UPAj dollar -s in accordance with the Newport Beach Municipal Code. 9.04.030 Amendments to Chapter 2 Definitions Section 202 General Definitions is amended by adding the definition of "Cul -de -Sac" and deleting the definition 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: 1. "Existing high rise structure' means a high rise structure, the construction of which is commenced or completed prior to July 1, 1974. Safety Code SeGtien is any building having floors used for occupancy located more than 55 feet (16,764 mm) above or more than 55 feet below (16,764 mm) 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. 3. "New high rise structure" means a high -rise structure, the construction of which is commenced on or after July 1, 1974. 9.04.040 Amendments to Chapter 3 General Precautions Against Fire Section 304.1.2 Vegetation is amended by deleting Section 304.1.2 and relocating it to Section 305.5. Section 305 Ignition Sources is amended by adding Sections 305.5, 305.6, and 305.7 to read as follows: shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban - wildland interface areas shall be in accordance with Chapter 49. 305.6 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3.048 mm) on each side of portions of highways and private streets which are improved designed or ordinarily used for vehicular traffic to 0 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 forma means of readily transmitting fire. ire. 305.7 Notification and abatement procedures. 305.7.1 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. 305.7.2 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 the hazard in locations adjacent to grass or brush covered land which are located in 305.7.3 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. 305.7.4 Appeal. The property owner may appeal the decision of the fire code official regardina 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. 305.7.5 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 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. 305.7.6 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. 305.7.7 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 Fire Chief, except that the appeal shall be filed within ten (10) calendar days from the date of mailing the notice of work performed. 305.7.8 Abatement costs. The costs involved in the correction of the substandard 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 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 heard by the Fire Chief. If the total assessment determined as provided for in this section is not paid within thirt y 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. nuisances in any other manner provided by law. Section 307.1.1 Prohibited open burning is amended to read as follows: 307.1.1 Prohibited open burning, recreational fires, and/or outdoor fireplaces. Open burning, recreational fires, and /or outdoor fireplaces and fire pits that is —are offensive or objectionable because of smoke emissions or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.4.2 Recreational fires is amended by adding Section 307.4.2.1 to read as follows: 307.4.2.1 Beach, camp, and 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. Section 318 Geological Surveys is added to read as follows: SECTION 318 GEOLOGICAL SURVEYS 318.1 General. Development on or near land containing or emitting toxic combustible or flammable liquids gases or vapors. 318.2 Geological surveys. The fire code official may require the submittal for review and 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 vapors; or C. Modifications to existing systems. 9.40.050 Amendments to Chapter 5 Fire Service Features Section 503.1.1 Buildings and facilities exception #1 is amended to read as follows: Exception: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.1, 903.3.1.2 or 903.0:4:0. Section 503.2.1 Dimensions is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), eXGILISiVe of shoul 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 throughfer approved security gates in accordance with Section 503.6_; Roads shall have and--an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). Section 503.2.4 Turning Radius is amended to read as follows: 503.2.4 Turning radius. The required turning radius of-a -for fire apparatus access roads shall be d °t °r n. cd by the fire cede off vial. be not less than 20 feet (6.1 m) inside radius and 40 feet (12,192 mm) 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 Dead ends is amended to read as follows: 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 area- cul -de -sac for turning around fire apparatus without backing up. Section 503.2.7 Grade is amended to read as follows: 503.2.7 Grade. The grade of the fire apparatus aG established by 'he Ire cede ffiGial- based- en4he- fire - department- apparatus.The gradient for a fire apparatus access road shall not exceed ten percent. Section 503.6 Security gates is amended and Section 503.6.1 is added to read as follows: 503.6 Seeur y— gates-.Entrance gates /chains. gates-and- the -ern a# be-maintai operational at all times. Eleetri gate eTaters,- wher"revided, shall be listed .;- ^r' ^ ^ ^° yith "b 325. Gates nteRded for auternatiGeperation shall be designed, Genstruete` and 6A � 1.0 GOMph s::th the regQirern -ts A °T ""a- ,- ,o, -r .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. Emergency Fire Access: Roadways, Fire Lanes Gates and Barriers. 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 Fire Apparatus Access Roads is amended by adding Sections 503.7 and 503.8 to read as follows: 503.7 Speed Bumps. Speed bumps are prohibited. in accordance with the Newport Beach Public Works Department's Neighborhood Traffic Management Guidelines. Section 505.1 Address identification is amended to read as follows: xs zi IM MOM ,,,ms shall- bused #e- identif�r'�� ti Approved numbers or addresses shall be 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 havina entrance doors not visible from the street or road shall, in addition, have approved numbers grouped for all units within each structure. Illumination shall be provided as required by the City. Section 506.1 Where required is amended by adding Section 506.1.2 to read as follows: A. Kevs to locked points of inaress whether on the interior or exterior of the buildin 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. Section 508 Fire Command Center is amended by revising Section 508.1 to read as follows: 508.1 General. In all buildinas havina occupied floors located more than 55 feet (16.764 mm) above or more than 30 feet (9144 mm) below the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided. I . A ./here required by other sections of this GGde and all building by lke California Building .ed ffloor° In ..d me..°. tL.a.. 75 feet 22 860 mm) °.h. °.l of fre d °..°rkm °..4 .. hiGle a a fire n.d center for fire .department operations cL.a e n yred i�criivv —aeoc :ry -gym. ^ ° �rvv��vuv and -The fire command center shall comply with Sections 508.1.1 through 508.1.5. Section 510.1 Emergency responder radio coverage in buildings is amended to read as follows: 510.1 Emergency responder radio coverage. All buildings shall have approved Fa safety GG^::::....:cat;O^ .S.y.S.teMS. Effective emergency responder radio coverage shall 1. Any building or structure which has more than 3 stories above grade plane. 2. Any building or structure regardless of the number of stories in which any single floor space exceeds 45,000 square feet. 3. Any building or structure containing a subterranean space of 250 square feet or shall comply. 4. Any building or structure deemed likely to have diminished in- building communications due to the use of certain construction materials window coatings, shape, location, or other factors as determined by the fire code official. Exceptions: 1. Where approved by the building eff'.. of and the fir ed e-on -r� f i ' 1 iJ u' cemmun+ 0'.', °�� hall -be 'tt d f h f II a' 1' f d -radl9 -eoy e r.ei;- rmcvzv^vi— �i�n'a„ + nff :a+R..°vn;- n�v-v,- & ^r'{ipF9Ve Brag system: One and two family dwellings. 2. A building or structure which supports adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communications System as described in the RCSC without the need for bi- directional amplification system. 3. A reconstructed building or structure in which less than 50% of the interior and /or exterior vertical structural or non - structural elements measured by wall surface area are uncovered during a contiguous 24 month period. Section 511 Building Information is added to read as follows: SECTION 511 BUILDING INFORMATION 511.1 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. 9.04.060 Amendments to Chapter 6 Building Services and Systems Section 604 is amended by adding Section 604.2.15.2.2 to read as follows: 604.2.15.2.2 Emergency power outlets. Provide and install electrical outlets (120 volt duplex) that are connected to the emergency generator circuitry /system when a generator is required by Section 604.2 of the California Fire Code in the following locations: A. In the main exit corridor of each floor, adjacent to each exit enclosure. 10 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. Chapter 6 Building Services and Systems is amended by adding Sections 610 and 611 to read as follows: SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS) 610.1 General. Breathing air replenishment systems shall be installed in accordance with the requirements of Section 610. located 55 feet (16.764 mm) 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 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 BARS shall be in accordance with Newport Beach Fire Department Guideline D.02 Firefighter Breathing Air Replenishment Systems. SECTION 611 SOLAR PHOTOVOLTAIC SYSTEMS 611.1 General. Solar Photovoltaic Systems shall comply with Newport Beach Fire Departments Guideline D.04 Fire Safety Elements of Solar Photovoltaic Systems. The provision of this section may be applied by either the fire code official or the building official. 9.04.070 Amendments to Chapter 9 Fire Protection Systems Section 903.2 Where required is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the . through. °-1-3-.24-2-.following locations: "Building Area' as used in this section shall mean gross building area enclosed within exterior walls. allowable area. Exception: Group R -3 occupancies. Group R -3 occupancies shall comply with Section 903.2.8. 11 2. Existing buildings: Notwithstanding any applicable provisions of this code an automatic sprinkler system shall be provided in an existing building when an addition and/or reconstruction occurs and when the following condition exists: Exception: Group R -3 occupancies shall comply with Section 903.2.8 Section 903.2.8 Group R is amended to read as follows: Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings. 2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: a. When an addition and reconstruction is 2.000 square feet or more of the existing building area. b. An addition, when the existing building is already provided with automatic sprinklers. Section 903.2.11.3 Buildings 55 feet (16,764 mm) or more in height is amended to read as follows: 903.2.11.3 Buildings 3540 (12,192 mm) feet or more in height. An automatic sprinkler system shall be installed throughout all buildings f: odefient vehiele — ascess:having floors used for human occupancy located more than 40 feet (12,192 mm) above the lowest occupied floor, basement floor or parking level floor, as determined by the fire code official. Section 903.3.1.2 NFPA 13R Fire Sprinkler Systems is amended by adding Sections 903.3.1.2.2 and 903.3.1.2.3 to read as follows: 903.3.1.2.2 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 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 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. 903.3.1.2.3 Permissible omissions. Sprinklers may be omitted from penthouse equipment rooms, crawl spaces, floor ceiling spaces, elevator shafts and other 12 concealed spaces that are not intended for living purposes or storage. Sprinklers may also be omitted from attics, which are not located over dwelling units. When attics are shall be protected per NFPA 13. Section 903.3.1.3 NFPA 13D Fire Sprinkler Systems is amended by adding Sections 903.3.1.3.1 and 903.3.1.3.2, to read as follows: 903.3.1.3.1 Valves. The sprinkler system piping shall not be provided with its own control valve. 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. 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. Section 903.3.1 Standards is amended by adding Section 903.3.1.4 to read as follows: Section 907.1 General is amended by adding section 907.1.6 to read as follows: 907.1.6 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 code official. Section 907.2.2 Group B is amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in Group B occupancies where if any one of the following conditions exists -are found: 13 1. The combined Group B occupant load of all floors is 500 persons or more. 2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge. 3. The Group B fire area contains a Group B ambulatory health care facility. 4. Group B occupancies containing educational facilities, see Section 907.2.2.2 5. An occupied floor greater than 40 feet (12,192 mm) above the lowest occupied floor, basement floor, or parking level floor. Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow. When automatic sprinkler systems or smoke detectors are installed such systems or detectors shall be connected to the building fire alarm system. Section 907.2.13 High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle access is amended to read as follows: 907.2.13 High -rise buildings. rlann 4 1 Q 1 f' department c+ ^m asse,�u.,�e�;;,, Tenn- 907. 2��me-- depa,�,,�— eem+nunasatien— .;jam«, „,^ aGGE)rdanGe with SeGfi.. 907.2.13.2 and ;e/alarm communication system in- ,aec-Grda,e° M— SeGtKw °o „o„ 907-6 All occupancies having floors used for human occupancy located more than 55 feet (16,764 mm) above or more than 55 feet (12,192 mm) below the lowest level of fire department vehicle access as determined by the fire code official, shall be_orovided with an automatic fire alarm system and a communication system in accordance with 907.2.13.2. 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: 1. Airport traffic control towers in accordance with 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the California Building Code. 4. Low - hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. In Groups 1 -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification shall be broadcast by the emergency voice /alarm communication system. Section 907.2.19 Deep underground buildings is deleted in its entirety. Section 907.4 Fire safety functions is amended by adding section 907.4.5 to read as follows: 14 907.4.5 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 907.6.2.2 Emergency voice /alarm communication systems is amended to read as follows: 907.6.2.2 Emergency voice /alarm communication systems. Emergency voice /alarm communication systems required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high -rise buildings and Group 12 OGGUpancies having OGGUpied floors located mere than 75 foot MO 860 mm) above the lowest level of for t h' th 4 hall oie of the aL rm' depaFt��ti�,.�.�TACte- acees,,; �„e sy�..°, n- o.,.�.rop�r..... �� .. „�inm ,m .,g-f_ 55 feet (16 764 mm) below the lowest level of fire department vehicle access the system shall operate on a minimum of the alarming floor, the floor above, and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1. 5. Dwelling units in apartment houses. 6. Hotel quest rooms or suites. Exception: In Group 1 -2 and R -2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. Section 907.7.3.2 High -rise buildings is amended to read as follows: 907.7.3.2 High -rise buildings. In high -rise buildings and Group 1 2 GGGupandes having occupied floors located more than 575 feet (4&,q6422 860 mm) above er 55 f,��,tiet (16,764 +nrA) below the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. 15 Section 910.3.2.2 Sprinklered buildings is amended to read as follows: 910.3.2.2 Sprinklered buildings. Where installed in buildings equipped- provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. Section 912 Fire Department Connections 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 inlet connections shall be painted OSHA safety red unless otherwise approved by the fire code official. Exceptions: hen the sprinkler density design is 500 qpm (including the interior hose stream demand) or greater, or a standpipe system is included four 2'/i' inlets shall be provided. he fire department connection may be located within 150 feet (45.72m) 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. 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 by the firmsms hief. When 9.04.080 Amendments to Chapter 27 Hazardous Materials — General Provisions Section 2703.12 Outdoor Control Areas is amended by adding item #5 to read as follows: Section 2704.1 Scope is amended by adding Section 2704.1.1 to read as follows: 2704.1.1 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. 9.04.090 Amendments to Chapter 33 Explosives and Fireworks 16 Section 3301.1 Scope is amended and Sections 3310 and 3311 are added to read as follows: 3301.1 Scope. c^• explosives ,tigttife ;,ent s see - California Gede o€ Reg ul , Ule 49;- Divts4on- — Chapte� ', F- o"reovo ks- fequi,er e dle of R-egutations Ul ' °�;�s;o -1- Chapter -6:. Manufacture, possession storage, sale transportation and use of explosive materials shall be in accordance with Chapter 33. SECTION 3310 FIREWORKS anywhere in the City of Newport Beach. Exception: Fireworks 1 AG and fireworks 1.3G may be part of an electronically fired public display when permitted and conducted by a licensed pyrotechnic operator. 3310.2 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 SECTION 3311 STORAGE OF EXPLOSIVES AND BLASTING AGENTS has issued a permit authorizing use and /or storage. 9.04.100 Amendments to Chapter 34 Flammable and Combustible Liquids 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 Bulk plants or terminals is amended to read as follows: 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 whlGh are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers shall be in aGGoFdanGe hroug are prohibited within the boundaries of the 9.04.110 Amendments to Chapter 45 Marinas Section 4502.1 Definitions is amended by adding the definition of "Dock' to read as follows: 17 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. Section 4503.6 Berthing and storage is amended and Sections 4503.6.1 and 4503.6.2 are added to read as follows: 4503.6 Berthing and storage. Berthing and storage shall be in accordance with Chapter 7 of NFPA 303 and this section. 4503.6.1 Multiple berthing and vessel rafting. All vessels in marinas shall be arranged such that a vessel occupying a slip can be readily removed in an emergency without the necessity of moving other vessels. Exceptions: 1. Tenders or dinghies may be tied to a vessel's stern 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. 2. 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 stern. 4503.6.2 Permitted multiple berthing. A permit may be issued for multiple berthing under the following conditions: 1. Multiple berthing occurs between the hours of 0700 to 1800. An action plan must be developed by the applicant indicating: a. How the vessels will be moved in the event of a fire. b. Who is responsible for moving the vessels. c. Where the vessels will be relocated to after 1800 hours. d. How employee training and emergency communications are being provided. 2. 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 and per Newport Beach Fire department Guideline A.10 Multiple Berthing and /or Rafting at Special Events. Section 4504.1 General is amended to read as follows: 4504.1 General. Piers, marinas -and - .wharves docks, and floats serving boatyards, hotels, yacht clubs, boat condominiums, docking facilities associated with residential condominiums and multiple family residences with facilities for mooring or servicing five or mere vessels, and marine motor vehicle fuel- dispensing facilities- stations shall be equipped with fire protection equipment in accordance with Sections 4504.2 through 4504.6. Section 4504.2 Standpipes is amended to read as follows: OW- 911 e. MI equipped with a Class III standpipe system installed in accordance with NFPA 303 and Newport Beach Fire Department Guideline F.01. Marinas, Wharfs, and Piers. 9.04.120 Amendments to Chapter 49 Requirements for Wildland -Urban Interface Fire Areas Chapter 49 has been deleted and amended to read as follows: SECTION 4901 CLEARANCE OF BRUSH FROM STRUCTURES 4901.1 General. Each person or entity who owns leases controls, operates, or Chapter 49 to maintain a defensible space to protect structures within Special Fire Protection Area(s). 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 4902 DEFINITIONS 4902.1 Definitions 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 4903 MAINTENANCE OF DEFENSIBLE SPACE 4903.1 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 C. Trees shall be maintained free of dead wood and foliage, and all dead trees shall be removed. 19 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. 4903.2 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 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. 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. 4903.3 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.) 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. 4903.4 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 proiections or overhangs. Storage of firewood and 4903.5 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. all 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 ppliance or fireplace that burns 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. ��L�]PL�I� &lOJeU. Y�� .Ie1Jfi3�iI�Y1��i'd�71�I![da� iCd�`ts�la�.y 4904.1 General. 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. SECTION 4905 CONSTRUCTION REQUIREMENTS FOR STRUCTURES ADJACENT TO SPECIAL FIRE PROTECTION AREAS 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 4905 of this code. 4905.2 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. 21 4905.3 Authority. The Fire Chief shall have the authority to designate all Special Fire Protection Areas. 4905.4 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. 4905.4.1 Plans. Fuel modification plans shall be submitted to and approved by Modification Plan Guidelines for Wildland Fire Hazard Areas. 4905.4.2 Maintenance. All elements of the approved fuel modification plan shall be maintained in accordance with the approved plan. 4905.4.3 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. 4905.5 Issuance of grading or building permits. No grading permit or building permit shall be issued for new and reconstructed structures prior to the submittal and approval by the Fire Department of preliminary fuel modification plans as required by this section. 4905.6 Street widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet ,(45.72 m) in length shall not be less than 24 feet (7.32 m) in width. SECTION 4906 BUILDING CONSTRUCTION FEATURES 4906.1 Proximity to property lines. New and reconstructed structures shall be not less than five feet (1524 mm) from an adjacent property line. constructed of ignition resistant material one hour fire resistant, or heavy timber construction. 4906.2 Combustible construction in 20 foot "A" Zone. No attached or detached buildings, patio covers sheds, decks stairs or similar structures shall be built or placed in the 20 foot setback of the fuel modification zone unless completely constructed of non - combustible materials. SECTION 4907 SPECIAL FIRE PROTECTION AREASNERY HIGH FIRE HAZARD SEVERITY ZONE MAP 4907.1 Map. The Fire Chief shall cause an official map of the Special Fire Protection AreaNery 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. 22 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 4908 USE OF EQUIPMENT IN SPECIAL FIRE PROTECTION AREAS 4908.1 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 4909.4 of the Fire Code. 4908.2 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. 4908.3 Spark arrestor design. A spark arrestor is a device constructed of of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. turbocharger is in effective mechanical condition. SECTION 4909 RESTRICTED ENTRY TO HAZARDOUS FIRE AREAS 4909.1 General. The Fire Chief shall determine and publicly announce when hazardous 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. their invitees and uq ests going to or being upon their lands. United States Forest Service. SECTION 4910 TRESPASSING ON POSTED PROPERTY 23 4910.1 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 ber)osted as hereinafter provided. 4910.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. 4910.3 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. SECTION 4911 EXPLOSIVES AND BLASTING IN HAZARDOUS FIRE AREAS 4911.1 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 4912 OPEN FLAME DEVICES IN HAZARDOUS FIRE AREAS 4912.1 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 rag ss 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 a fusee at the scene of emergencies. SECTION 4913 OUTDOOR FIRES IN HAZARDOUS FIRE AREAS 4913.1 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 grass -, grain -, brush- or forest - covered area. Permits shall incorporate such terms and conditions which will reasonably safeguard 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 barbeques portable barbeques outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash or combustible waste material. SECTION 4914 RECREATIONAL FIRES IN SPECIAL FIRE PROTECTION AREAS 4914.1 General. Recreational fires shall not be built installed, or maintained in Special Fire Protection Areas without prior approval of the fire code official. Combustible solid fuels are prohibited in special fire protection areas only natural gas or propane flame is allowed regardless if a spark arrestor is utilized. provided with an approved spark arrester, screen or door. Exception: When approved, unprotected openings in barbeques and grills necessary for proper functioning. 9.04.130 Amendments to Appendix B Fire —Flow Requirements for Buildings Section B105.2 Buildings other than one- and two- family dwellings is amended to read as follows: 8105.2 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: 1. A reduction in required fire flow of up to 75 -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 or 903.3.1.. The resulting fire flow shall not be less than 1,500 gallons per minute (56735677.5 Umin.) for the prescribed duration as specified in Table B105.1. 9.04.140 Amendments to Appendix J Emergency Responder Radio Coverage Appendix J Emergency Responder Radio Coverage is deleted in its entirety. (Reference Section 510 Emergency Responder Radio Coverage) 25 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 , 2010, and was adopted on the day of 2010, by the following vote to wit: ATTEST: City Clerk, Leilani Brown Q^: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Keith Curry, Mayor APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney 27 CECIL HICKS DISTRICT ATTORNEY JAMES G. ENRIGHT MICHAEL R. CAPIZZI CNItt T7EMrtI CHM A Wm • OFF DISTRICT CE OF • ATTORNEY COUNTY OF ORANGE P.O. BOX 808 SANTA ANA, CALIFORNIA 92702 -0808 TELEPHONE: (716) 83-7610 May 9, 1988 City of Newport Beach Attn: City Attorney 3300 Newport Boulevard Newport Beach, CA 92660 Dear Sir: EDWARD J. MERRILEES annw. M1.10mI I(wn OKRAT EDGAR A. FREEMAN UI\f('iM. G'"UNA ICILn( RATIIM MAURICE L. EVANS DMII IR, SKIM INERAM.% LUREN W. DuCHESNE INlE1. M'tL AL M 114 17.AT NIN WILLIAM J. MORISON I~.wRATIVE MnYYiER If you wish to renew the enclosed contract please have mss signed by the Mayor and return them to me for processing through the Board of Supervisors. Please indfas 4 �kEea}�g�%►= �!t��de�>bRe�r An agreement period of five years would assist in reducing paperwork without unduly restricting either party because of the 30 day termination clause which we both can exercise. If you have any questions, please call me at 834 -3652. Sincere y, W. orison Ad nistrative Manager WJM:sw Enclosures f, ✓" ILILF�k'CO CITY OF \ NEWPORT BEACH, i CALIF. CENTRAL OFFICE NORM OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE 700 CIVIC CENTER DR. W 1277 N BERKELEY AVE. 8141 17TH STREET W163 CROWN VALLEY PKWY. 6611 JAMBOREE BLVD. )01 CITY DRIVE SOUTH SANTA ANA. CA 92701 FLILLERION. CA 916)1 WESTMINSTER. CA 92b) LAGUNA NIGUEL. CA 926" NEWPORT OCR- CA 92M) ORANGE. CA 9263