HomeMy WebLinkAbout07 - BA-013 - Vessel Berthing & Uniform Fire Code - Commercial Dock StandardsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
October 28, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tim Riley, Fire Chief
Dave Kiff, Assistant City Manager
Tom Rossmiller, Harbor Resources Division Manager
dkiff @city.newport- beach.ca.us or 949 - 644 -3002
tossmiller@city.newport-beach.ca.us or 949 - 644 -3041
SUBJECT: VESSEL BERTHING AND THE UNIFORM FIRE CODE; CONTRACT
AWARD AND BUDGET AMENDMENT FOR COMMERCIAL DOCK
STANDARDS PROJECT
ISSUE:
How should the City enforce the provisions of the Uniform Fire Code relating to vessel
berthing and storage?
RECOMMENDATION:
1. Approve the Action Plan recommended by the Newport Beach Harbor
Commission;
2. Authorize the City Manager to enter into a $46,000 professional services
agreement with Cash and Associates to review Newport Harbor's existing
commercial and residential dock standards and to update same; and
3. Approve Budget Amendment #_ adding $46,000 to the City Manager's 0310-
8080 Account (Professional and Technical Services).
DISCUSSION:
Within Newport Harbor there are 63 Commercial Harbor Permittees. These commercial
marinas provide vessel berthing for a range of users to include public recreational
vessels, yacht clubs, sailing clubs, boat rentals, boat brokers, charter vessel berthing
and shipyards,
Because of robust demand, most of these facilities are full and maintain waiting lists for
slip space. This demand has resulted in some vessel berthing practices that are in
violation of the City's Fire Code and specifically standards developed by the National
Fire Protection Association (NFPA) and incorporated within the Uniform Fire Code.
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 2
NFPA is a national organization dedicated to reducing the burden of fire and other
hazards by providing and advocating scientifically based standards on fire and other
safety issues. As part of this process, the NFPA has developed a fire protection
standard for marinas and boatyards, titled, "NFPA 303 ". This standard was originally
adopted in the 1940s and has been revised over the years, the most recent edition
being 2000. This standard has been adopted by the City of Newport Beach Fire Code
and is the recognized standard for technical applications.
The standard applies to the construction and operation of marinas, boat yards, yacht
clubs, docking facilities and all associated piers, docks and floats. The purpose of the
standard is to provide a minimum acceptable level of safety to life and property from fire
and electrical hazards at marinas and related facilities.
The section of the NFPA is standard applicable to this report is Chapter 5, dealing with
berthing and storage, specifically, 5.1, "Wet Storage and Berthing ", which states, "Each
berth shall be arranged such that a boat occupying a berth can be readily removed in an
emergency without the necessity of removing other boats ". What this does in practical
terms is prohibit either vessel rafting or multiple vessels berthing in a single slip. Rafting
occurs when vessels are tied to each other, outside of the limits of a dock, such that
interior vessels are confined by one or more exterior vessels. Multiple vessel berthing
in a single slip occurs when one or more vessels utilize a single slip and some of the
vessels cannot be moved without movement of other vessels in the same slip.
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Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 3
February 2002 Survey. A February, 2002 survey of the 63 commercial locations over
City and County Tidelands in Newport Harbor found approximately 50% of the marinas
in violation of the Fire Code. At the 32 sites found to be in violation, at that one
snapshot in time, ten of the commercial locations had rafting violations, eight of the
locations had encroachment violations and 29 of the locations had multiple vessels
berthing in a single slip. If all of these locations in violation for the Fire Code were
brought into compliance approximately 150 vessels would have to be moved to other
locations. Unfortunately, the use of these marinas in violation of the Fire Code has
become both routine and dangerous should a vessel fire occur. If the fire code was
strictly enforced on that particular day, approximately 150 vessels would have had to
have been moved to other locations.
Attached to this staff report is a tabulation of the 63 commercial pier permittees and the
pier usage at each location. The usages include marinas, slip rentals, charter boat
terminals, boat sales, boat yards, yacht clubs, tour boats, sport fishing, boat rentals, gas
docks and restaurant guest docks. This tabulation is provided to show that there are
many different uses at these commercial locations. It is important to note that almost all
of the different uses had occurrences of fire code violations and that fire code
enforcement would not be directed specifically at any given use, but toward the problem
as a whole.
These violations have the potential of exacerbating a fire emergency by concentrating
the fire fuel source. While no national database of marina fires exists, it is believed that
most marine fires begin in a berthed vessel then spread to either other vessels or to the
marina structure. Once a marina fire starts it burns at a much more rapid rate and with
more intensity than a house fire. This is mainly due to the concentration of fuels
existing in vessels including the fuels that power the vessel and the products that
construct the vessel itself. Vessels berthed close together and unable to be separated
have the potential to cause catastrophic results.
At the meeting of October 23, 2002, the Harbor Commission received an oral staff
report from Fire Marshal Dennis Lockard regarding commercial vessel berthing in
Newport Harbor and application of the Uniform Fire Code. The Fire Marshal related his
concerns relative to the fire danger both to property and personnel posed by illegal
berthing. He felt strongly that this situation should be corrected as soon as it is
practical.
Recent discussions with both Long Beach and Dana Point Harbors revealed that they
do not allow rafting or multiple vessels in slips because, among other reasons, fire
concerns.
Based on the above, the Harbor Commission directed staff to prepare a phased action
plan for enforcement of the Fire Code and notice to the affected harbor permittees. A
plan was submitted at the Harbor Commission meeting of December 11, 2002. The
Harbor Commission assigned the issue to a sub - committee for review and report back.
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 4
The subcommittee informally presented their report at the meeting of February 12, 2003
and recommended a five -step plan for immediate action.
The subcommittee's five -step plan was as follows:
1. The Harbor Commission asked Staff to send a revised draft of the proposed
"initial notice" letter to all commercial harbor permittees to initiate the process.
2. The Harbor Commission asked its subcommittee, supported by Staff, to serve as
continuing liaison with the Newport Beach Chamber of Commerce's Marine
Committee (or a Marine Committee subcommittee) as representatives of the
marine industry and of commercial marinas as a group on this issue.
Subcommittee to hold meetings as appropriate.
3. The Harbor Commission directed Staff to create a Commercial Marina Field
Inspection Team comprised of a Harbor Resources staff member, a
representative from the Fire Department, a representative from the OC Sheriffs
Harbor Patrol, and representatives of any other appropriate agencies. The Team
would update the February 2002 survey, develop a consistent inspection
format/reporting methodology, schedule, etc. and report back on inspection
progress and findings to the Harbor Commission.
4. The Harbor Commission directed Staff to provide a central cleaning
house /resource center of information and contacts for commercial marinas on
this subject at the Harbor Resources Office and on City website.
5. The Harbor Commission requested the assistance of the Public Information
Officer in preparing and distributing media information with full factual information
about process, issues, contacts, etc.
Subsequent to the sub - committee's report, the Harbor Commission requested staff to
prepare a final action plan for implementation. As a result of that direction, Harbor
Resources staff prepared a final Action Plan with Fire Department input. In view of the
fact that the violations appear to have been of long duration and enforcement will
require potential relocation of vessels and possible redesign of marinas with attendant
economic impact, the Action Plan is phased in -- with some aspects occuring as soon
as 6 months from the date of a warning letter and other aspects taking effect 12 months
from the date of the letter.
The Commission approved this Plan (called "6 +6") at its meeting of March 12, 2003.
Subsequent to that meeting, the City Council heard about the Plan during a Study
Session on October 14, 2003.
HARBOR COMMISSION - APPROVED ACTION PLAN:
1. Transmit to each of the Commercial Harbor Permittees (63) a letter (attached)
with an aerial photograph of their marina. If vessels are berthed in violation of
the code, they will be identified in the photo. The letter will require that all
permittees finalize an approved Fire Code Compliance Plan for their specific
docking area within 6 months of receiving the letter.
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 5
• If such a plan is approved by Harbor Resources and the Fire Marshal
within 6 months, the permittee would have another 6 months to
incrementally comply with the Uniform Fire Code. Incremental compliance
means that, if a boat is removed from their permit area, it cannot be
replaced with another boat if the other boat would be berthed in a manner
that does not comply with the UFC.
• If the permittee does not secure an approved Fire Code Compliance Plan
within 6 months of the letter's issuance, immediate enforcement of the
UFC will commence.
2. Prepare an Enforcement Plan that identifies inspection team members, items to
be covered and inspection schedule. The initial inspection and strategy
development will include staff from Harbor Resources, the Fire Department, and
Sheriffs Harbor Patrol. Periodic follow -up inspections would be accomplished by
an abbreviated group of the above.
3. Establish a fee schedule to facilitate cost recovery of increased inspections and
enforcement.
4. Prepare a 'Best Management Practices" or "BMP" plan relative to fire safety in
marina operations that will be provided to all marina operators.
5. Establish "Special Circumstances" review board, made up of the Fire Chief (or
his designee) and Harbor Resources to meet with commercial permittees on a
case -by -case basis to discuss potential alternatives to compliance. Nothing in
this section of the Plan requires the Fire Chief to grant any exceptions to the
Uniform Fire Code.
6. Develop and implement an Interim Plan to alleviate as many of the fire code
violations problems, as possible, prior to the expiration of the six and twelve
month period. A potential Interim Plan could include, but not be limited to:
• Construction of temporary piers and docks;
• Additional, appropriately placed moorings within mooring areas;
• Temporary moorings outside of mooring areas;
• Different mooring devices which allow more vessels to be moored within
mooring areas;
The photo and exhibit shown on the next page show a new mooring design and a
current problem with one of the mooring areas (note the amount of moorings that
fall out of the pre- determined mooring area).
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 6
7. Bring all commercial marina facilities into compliance within one year of the date
when the City issues the letter (compliance likely to be required by October 31,
2004).
Moorings outside of proper mooring area
Mooring designed to accommodate four vessels
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Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 7
Commercial Dock Standards. Linked closely to Fire Code compliance is an
understanding by various Harbor experts -- including the members of the Harbor
Commission and the Harbor Resources Director -- that any reconfiguration of docks
should be done in accordance with the latest building and construction standards. The
City has not looked at this since 1994 -- at the time, it did so in- house. As a result,
commercial dock standards currently consist of a one -sheet drawing -- very similar to
those applied to residential docks. The commercial dock standards that the City uses
do not appropriately address conditions necessary to safeguard users of the docks --
especially in regards to the loading, unloading, and queuing of passengers.
This past summer, the City issued a Request for Qualifications to various vendors who
could update our commercial and residential dock standards. Three companies
responded. A review panel of Tom Rossmiller, Faisal Jurdi, and Chris Miller followed
existing Public Works Guidelines for consultant selection and identified Cash and
Associates as the most qualified bidder.
This Agenda Item asks the Council to authorize the City Manager to enter into a
Professional Services Agreement in the amount of $46,000 with Cash and Associates to
update Newport Harbor's commercial and residential dock standards. Doing so also
requires a Budget Amendment.
Commission and Committee Action: The Newport Beach Harbor Commission approved
the proposed Action Plan. The City Council discussed it at a Study Session on October
14, 2003 and took public testimony. The Council specifically asked about how a Special
Circumstances Review Board might work and what it might consider. On October 22,
the Economic Development Committee (EDC) discussed the Commission's Plan. They
suggested that an economic study be done so that the City would better understand the
fiscal impacts to the City and the economic impacts to the Harbor that the Plan will
have.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Funding Availability: If the Plan is approved by the City Council, City staff may add an
inspection fee not to exceed the cost of inspection to the Master Fee Resolution at a
later date. Adding the Fee to the Master Fee Resolution would require a Council action.
Alternatives: Instead of agreeing to the Harbor Commission's recommended plan, the
Council could:
Refuse to adopt the Plan and continue to allow current practices to continue,
some in violation of the Uniform Fire Code;
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 8
• Offer amendments to the Plan and adopt it with those amendments;
• Offer amendments to the Plan and return the Plan to the Harbor Commission for
additional review.
Submitted by:
4(-
Tom Rossmil er, Harbor Resources Manager Dave KtIf,Assistant City Ma ger
Attachments: Draft Letter to Permittees
Results of February 2002 Survey
Budget Amendment
OCT -22 -2003 11:40 99i P.
Vessel Berthing and the Uniform Fire Code
October 28, 2003
Page 9
October 30, 2003
Re: Vessel Berthing at Commercial Marinas
Dear Commercial Harbor Permittee:
The City of Newport Beach Municipal Code and the Uniform Fire Code regulate vessel
berthing at slips within the City of Newport Beach (copies attached).
A recent survey of our commercial marinas identified a number of facilities that are out
of compliance with the attached regulations. As such, they risk significant property
damage and life- safety impacts in the event of a fire.
Included in this letter is an aerial photograph of your marina taken within the last two
years. Highlighted are any vessels berthed at that time in violation of the attached
regulations.
I am providing you with this information to assist you in determining whether your
current berthing practices violate either the Municipal Code or the Uniform Fire Code.
Please review this information and correct any violations as quickly as feasible. Doing
so is the best way to protect your marina and its vessels from significant fire damage.
Compliance in some locations may necessitate a reconfiguration of slips or relocating
existing berthed vessels. As such we have set the date of September 30, 2004 for all
marinas across Newport Harbor to be in full compliance with the code.
In the meantime, field inspections will be conducted at all marinas in Newport Harbor.
Follow -up letters and photos will be sent to those marinas that are out of compliance at
the time of our field inspection. Harbor Resources staff and Fire Department staff will
be available to you for questions and assistance.
Please know that after October 30, 2004, the City fully intends to pursue harbor -wide
inspections on a periodic basis to review areas for potential violations of the Code.
Operators of marinas or docks that are out of compliance after October 30, 2004 will
likely receive administrative citations that demand compliance along with a $100, $200,
or $500 fine.
If you have any questions or wish to discuss this please contact me at 949 - 644 -3041. 1
look forward to working with you in a participatory process to improve the Harbor's fire
safety.
Sincerely,
Tom Rossmiller, Manager
Division of Harbor Resources
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City of Newport Beach
BUDGETAMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 013
AMOUNT: $as,000.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund Balance to enter into a professional
services agreement to review and update Newport Harbor's existing commercial and residential dock standards.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed: 4-- •
FinancZZc. l: Administrative Services Director
Signed:
Signed:
Administrative
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$46,000.00
Automatic
$46,000.00
/O - --w
Date
Date
Date
Description
Division
Number
0310 City Manager
Account
Number
8080 Professional and Technical Services
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed: 4-- •
FinancZZc. l: Administrative Services Director
Signed:
Signed:
Administrative
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$46,000.00
Automatic
$46,000.00
/O - --w
Date
Date
Date
"RECEIV. D AFTER AGENDA
PRINTED:" 7L
Harkless, LaVonne
From: Ridgeway, Tod
Sent: Monday, October 27, 2003 4:33 PM
To: Harkless, LaVonne
Subject: FK New Harbor Regulations on Fire Safety
LaVr_,nne: Please provide copies of to -s letter for each councilman
Tod
- - - -- Original Message---- -
From: dlmi__.s @uci.edu [mai_to:d_mi__s @uci.edu]
Sent: Monday, October 27, 2003 11:33 AM
To: tridgeway @city.newpert- beach.ca.us
Subject: New Harbor Regu_at_ons on Fire Safety
I have followed with great interest the upcoming de.iberacions
regarding new regu_.ations
and restrictions on the use of s_ -ps in Newport Harbor, driver by
_iabi__ty and fire
prevention concerns. Let me remark first that I am not a resident of
Newport Beacn, but live
in I -vine. However, my wife and 1 are botr. extremely active _n the
Newport Harbor sa-.ling
community, and I wish to comment on the inroact of the new regulations
on this area of activity. This
will be very considerable Indeed, to the point where it will change
the character of the
yachting community in your city.
The commentary in the news articles I have read center on the impact
of the new regulations
on marine businesses w;_ich operate in the harbor, such as the vacht
brokers. Sr- far as I can tell, these articles are accurate. What I
wish to say here _S that there will be an enormous impact on
organized yacht'ngactivities quite genera'_y. Much of what we do
will be no l.nger possible, under the new regulations. I hope you and
the C_zy Council appreciate the impacc of your actions in tcis sense,
in
addition to the impact on businesses and eo.nomic activ -ty it the harbor.
Len me give some examples.
Newport Harbor is a ma;or center for sailboat racing, on the naticna_
and international
scene. The races are sponsored by =he principal yacht clubs; there
are in addition r_igh
school and ccl -ege racing activities and it may be tl_e case these
w__i be affected somewhat less -han the "big boat" racing I have in
mind by -he new regulations.
In a major regatta, boats w-_- Cone to the harbor from e =sew;ere a
day or two before t -e
event, and remain in Newport a short time afterwards. Since t:oexe are
no empty slips in our
marinas, we need t:� raft these boats out from guest docks add end
ties. When we do tl' -is, we
tyrica__y are in contact with the Orange County Harbor Department,
and we inf:_.rm them of
our spe_' -fic y_a s, T_ shoulc, add. Thev have --ad guidelines whLch
genera__y : -gave alloweri
- af=inc nun -hree _-oats -row a ooc ?_ or end tie, _ r.ecessa -v.
accommodate in slips emptied by the event (many of members have docks
in front of them
houses, etc. so not all boats come from zhe c =ub marina). Such
exchange cruises, surely
social events only, are a major part of the yachting lifestyle, and
will be prohibited by the
new rules.
The impact of the new rules on sailboat -acing activities and other
aspects of organized
yachting in ¢Jewport Beacn will be devastating, under the new rules. I
can give other
examples. The person who simcly has a boa- in a slip or in front of a
house, and takes it
out for a cruise cr sail will not be affected. But any sort of what
one might call a
cooperative activity, such as a major re -oatta or yachting event that
draws or requires boats
from outside the harbor w_il be not be possible under the new r.j =es,
since to accommodate
them we have to raft them our from guest docks, tie them across slips and sucn.
'n my mind, it is important for you and the Council to recognize and
understand the impact
c•f the new rules which, according.i to the comments we have received
from t'e Harbor °atrol
will be enforced very rigidly. The impact on business and economic
activity in the harbor
will be very much as described in the newspaper articles. The point
of this message is that
is only part of the story. The impact on what I m-.aht call organised
yachting activities will
be sta :.igerin,.i. This raises the issue of whether the desired goals can
be accomplished by
less draconian measures.
Coug Milis, Staff Commodore
Bahia Corintuian 'taut Club
Newc•o= Reach
3