HomeMy WebLinkAbout06 - Fire Code AmendmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
It V.
12 -8 -Dy
Agenda Item No. 8
November 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Steve Lewis, Fire Chief, 644 -3101
slewis .city.newport- beach.ca.us
Police Department
Robert Luman, Chief of Police, 644 -3701
rlumanto'-nbpd.ora
SUBJECT: Amendment of the Newport Beach Municipal Code, Title 9; Fire Code.
Introduce the following ordinance and pass to second reading.
Ordinance No.
An ordinance of the City Council of the City of Newport Beach amending Title 9,
Chapter 9.04, Section 9.04.040, Subsections 511, 'Public radio system coverage" and
Subsection 512, "Building Information," of the Newport Beach Municipal Code.
DISCUSSION:
This is a request to update Title 9 of the Newport Beach Municipal Code by amending a
previously adopted amendment to the 2007 Fire Code which was adopted on January
1", 2008, by the Newport Beach City Council.
BACKGROUND:
Development of large commercial, industrial, and residential metal and concrete
buildings in the City of Newport Beach has significantly reduced the capability of the
Newport Beach Fire and Police Departments to effectively communicate with their field
personnel on the radio system since the County of Orange converted its public safety
radio systems to the 800 MHz Countywide Coordinated Communications System — a
hazard exacerbated in subterranean or dense structures. The proposed amendment to
the Newport Beach Municipal Code will require builders, owners, and developers of
non - exempted new and reconstructed buildings and subterranean structures to submit
Amendment of NBMC Title 9, Fire Code
November 24, 2009
Page 2
to field radio testing and to install in- building coverage systems in areas of those
buildings that do not permit effective public safety radio communications.
Both the 2000 -2001 Orange County Grand Jury and the Orange County Sheriff's
communication engineers have studied this issue and recommended the installation of
in- building coverage systems to augment firefighters' and police officers' portable radios
while operating in buildings that, due to their construction, impede and /or impair
effective radio communication. The proposed ordinance will accomplish this goal by
requiring the integration of a bi- directional amplifier system or alternate in- building
coverage system in new buildings over three stories and subterranean structures. As a
result, the occupants of these buildings will enjoy much greater safety and security in
knowing that fire and police services will be able to communicate effectively in the event
of an emergency. In- building coverage systems, which have proven to be extremely
effective, have been installed in 35 different buildings in Orange County, including major
locations such as the Buena Park Mail, South Coast Plaza, Saddleback Hospital, and
John Wayne Airport.
This ordinance excludes one and two family dwellings and under most circumstances, the
following:
Any building or structure with less than four stories above grade (without a single
floor greater than forty five thousand (45,000) square feet).
Any reconstructed building or structure undergoing less than 50% reconstruction
during two contiguous years.
Any subterranean space in a commercial structure of less than two hundred and
fifty (250) square feet.
Section 512 is a current amendment to the locally adopted Fire Code that is being relocated
to accommodate the new Section 511.
Prepared by:
Steve Bunting ,
Fire Marshal
Submitted by:
Steve Lewis
Fire Chief
?o
Chief of Police
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 9 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
PUBLIC SAFETY RADIO SYSTEM COVERAGE
The City Council of the City of Newport Beach finds as follows:
WHEREAS, The City of Newport Beach ( "City ") provides public safety services to
its community including police services through the Newport Beach Police Department
( "NBPD ") and fire services through the Newport Beach Fire Department ( "NBFD "); and
WHEREAS, development throughout the City has caused interference to the 800
MHz Countywide Coordinated Communication System used by both the NBPD and the
NBFD during normal and emergency operations; and
WHEREAS, said radio interference results in a lack of radio transmission quality
and degradation of essential public safety emergency radio communications and, as a
result, is a potential threat to the safety of emergency workers and to the public; and
WHEREAS, in order to minimize the danger to life caused by ineffective
communications, all planned construction of new buildings and renovations of existing
buildings that does not provide for the necessary level of communication under the 800
MHz Countywide Coordinated Communications System must be equipped with
technology that will allow effective and continuous radio communication to be
maintained within the building; and
WHEREAS, The proposed ordinance constitutes a "local security standard"
regulating the erection, construction, or alteration of buildings within the City;
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
SECTION 1. Section 9.04.040 of the Newport Beach Municipal Code is hereby revised
and amended as follows: The title of Section 9.40.040 is deleted and revised to read as
follows:
9.04.040 Amendments to Chapter 5, "Fire Service Features" of the 2007 California
Fire Code and the 2006 International Fire Code.
Section 511 of Chapter 5 is deleted in its entirety and amended to read as follows:
Section 511 Public safety radio system coverage -- Intent and purpose
The intent of the section is to provide a regulatory framework for the purpose of
providing effective 800 MHz Countywide Coordinated Communication System coverage
throughout the City of Newport Beach for police and fire emergency services.
Amendment of NBMC Title 9, Fire Code
November 24, 2009
Page 4
Section 511.1 Definitions
The following words, terms, and phrases when used in Section 511 shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
differing meaning:
A. Bi- directional amplifier (BDA) shall mean a specialized radio frequency amplifier
that, in conjunction with signal boosters, a radiating cable system and/ or a
distributed antenna system, receives specific public safety radio frequency signals
from an antenna and amplifies and retransmits the signals.
B. City of Newport Beach Public Safety Radio System Coverage Standards (RSCS)
shall mean those standards officially adopted and published by the Newport Beach
Fire Chief to provide optimum coverage and radio effectiveness within buildings and
structures under the Countywide Coordinated Communication System.
C. Countywide Coordinated Communication System (CCCS) shall mean that radio
system used by local law enforcement, fire, lifeguard and public works departments
within the County of Orange for emergency and non - emergency radio communication
on the 800 MHz radio band.
D. FCC - certified technician shall mean an individual who is qualified with a General
Radiotelephone Operator License (GROL/PG), or equivalent, to review design plans
and perform tests in affected structures to measure RSCS.
E. NBFD shall mean the Newport Beach Fire Department.
F. NBPD shall mean the Newport Beach Police Department.
G. OCSD /Communications shall mean the Orange County Sheriff - Coroner
Department/Communications Division.
H. Reconstruction. For purposes of this section the word "reconstruction" shall
mean remodel, renovation or alterations to a building or structure in which 50% or
more of the vertical structural or non - structural elements, by wall surface area, are
uncovered during a contiguous 24 month period.
I. Special inspector shall mean an FCC - certified technician approved by the City of
Newport Beach.
Section 511.2. Where required
An in- building 800 MHz radio signal amplification system, which will support the
Countywide Coordinated Communications System, shall be installed in the following
buildings or structures:
Amendment of NBMC Title 9, Fire Code
November 24, 2009
Page 5
A. Any building or structure which has more than 3 stories above the grade plane.
B. Any building or structure, regardless of the number of stories, in which any single
floor space exceeds 45,000 square feet.
C. Any building or structure containing a subterranean space of 250 square feet or
more. For buildings and structures three stories or less above grade plane, or
less than 45,000 square feet on any single floor, only the subterranean space
shall comply.
D. 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 to subsections A through D:
1. One and two family dwellings.
2. A building or structure for which a building permit has been issued prior to the
effective date of this ordinance.
3. 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 a bi- directional amplification system.
4. A reconstructed (remodel, renovation or alteration) building or structure in
which less than 50% of the vertical structural or non - structural elements, by
wall surface area, are uncovered during a contiguous 24 month period.
E. No certificate of occupancy shall be issued for any building or structure covered
in subsections A through D of this section, nor shall any such building or
structure be occupied, absent proof of compliance with this section.
F. For the purposes of Section 511, adequate radio coverage shall be as specified
in the RSCS.
Sec. 511.3 Testing procedures
Test of radio coverage will be conducted pursuant to those specifications in the RSCS,
as summarized below.
A. Initial Test. Initial tests will be performed by FCC - certified technicians in
accordance with test standards as listed in the RSCS. A certificate of occupancy shall
not be issued if said structure, or any part thereof, fails to comply with these test
standards.
B. Annual tests. Annual tests will be conducted by NBFD personnel, or their agent in
accordance with the test standards as listed in the RSCS.
Amendment of NBMC Title 9, Fire Code
November 24, 2009
Page 6
Sec. 511.4 Amplification systems allowed
Buildings and structures that cannot support the required level of radio coverage shall
be equipped with bi- directional amplification systems as specified in the RSCS.
Sec. 511.5 Maintenance
A. Any building or structure required by Section 511.2 to support the CCCS after the
effective date of this ordinance shall remain in compliance with the specifications in the
RSCS.
B. The owner of any building or structure which has an 800 MHz bi- directional
amplification device(s) installed to meet the requirements of Section 511 shall be
responsible for keeping the building or structure in compliance with the specifications in
the RSCS.
Sec. 511.6 Building or structure changes
Renovations, additions and all other structural and non - structural changes or
modifications to a building or structure required by Section 511.2 to comply with the
specifications in the RSCS, shall not diminish the radio coverage within the building or
structure to a level less than that which was approved prior to the issuance of the
original certificate of occupancy.
Sec. 511.7 Costs
The FCC - certified technician is the special inspector who shall be employed by the
owner, the engineer or architect of record, or agent of the owner, but not the contractor
or any other person responsible for the building or structure construction.
Sec. 511.8 Non - compliance and penalty
A. After discovery of non - compliance, the building owner shall be provided fourteen
(14) days from written notification by the fire code official to remedy the deficiency and
return the system to full compliance. Should the building owner fail to remedy the
deficiency within fourteen (14) day of written notification, the fire code official may order
the work to be performed by a qualified contractor. The building owner shall be
responsible for the full cost of the repair plus an administrative fee as established by
Council resolution.
B. It shall be unlawful for any person, firm or corporation to violate any provision or fail
to comply with any of the requirements of this ordinance. Any person, firm or
corporation violating any provisions of this ordinance or failing to comply with any of its
requirements shall be- punished in accordance with Chapter(s) 1.04 and /or 1.05 of the
Newport Beach Municipal Code. Each such person, firm or corporation shall be deemed
guilty of a separate offense for each day during any portion of which any violation of any
Amendment of NBMC Title 9, Fire Code
November 24, 2009
Page 7
of the provisions of this ordinance is committed, continues or permitted by such person,
form or corporation, and shall be punishable therefore as provided for in this ordinance
Chapter 5. Chapter 5 is amended by adding Section 512 to read as follows:
Section 512 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.
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 200, and adopted on the day
of , 200_, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES. COUNCILMEMBERS
ABSENT COUNCILMEMBERS
1'V• 7
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney