HomeMy WebLinkAbout03 - Amendment - Breathing Air Replenishment SystemsSCOTT L. POSTER
Fire Chief
Agenda Item No. 3
September 25, 2012
NEWPORT BEACH FIRE DEPARTMENT
P.O. Box 1768, 330o NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915
September 19, 2012
PHONE: (949) 644-3104 FAX: (949) 644 -3120 WEB: www.nbfd.net
TO: Leilani Brown, City Clerk
FROM: Kevin Kitch, Assistant Chief
SUBJECT: Amendment to the BARS Staff Report
The City Attorney's Office has recommended a change to the proposed ordinance
language which will require three separate actions or changes to the existing BARS
staff report and attachments. They are:
1. Replace the title of the staff report to read as follows: Proposed Amendment of
the Newport Beach Municipal Code, Repealing Section 9.04.060 of the Newport
Beach Municipal Code and Adopting a New Section 9.04.060 of Title 9, Chapter
9.04, to Remove Section 610 Breathing Air replenishment Systems (BARS)
2. Replace Recommendation 1 of the staff report with the following: Introduce
Ordinance No. 2012 - , titled "AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 9, CHAPTER 9.04, SECTION 9.04.060 TO
REMOVE SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS
(BARS)" (Attachment 1); and pass to a second reading on October 9, 2012; and
3. Replace Attachment 1 (Ordinance) with the following:
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH REPEALING SECTION
9.04.060 OF THE NEWPORT BEACH
MUNICIPAL CODE AND ADOPTING A NEW
SECTION 9.04.060 OF TITLE 9, CHAPTER
9.04, TO REMOVE SECTION 610
BREATHING AIR REPLENISHMENT
SYSTEMS (BARS)
The City Council of the City of Newport Beach finds as follows:
WHEREAS, the City of Newport Beach ( "City ") adopted Ordinance 2010 -24 on
December 6, 2010, which among other additions, added Section 610 into the City of
Newport Beach's Fire Code as codified in Newport Beach Municipal Code ( "NBMC ")
section 9.04.060; and
WHEREAS, the adopted NBMC requires that all high rise buildings be equipped
with an approved Breathing Air Replenishment Systems ( "BARS ") for firefighters; and
WHEREAS, the BARS is designed to 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; and
WHEREAS, the required breathing air for the BARS is supplied into the
permanent piping system by a mobile breathing air unit; and
WHEREAS, the California State Fire Code does not require the installation of
BARS in new high rise buildings; and
WHEREAS, Section 610 of the City's Fire Code, NBMC Chapter 9.04, specifies
that the location of air refill stations, installation of the BARS, and maintenance of BARS
be designed and installed in accordance with Newport Beach Fire Department ( "NBFD ")
Guideline D.02 Firefighter Breathing Air Replenishment Systems; and
WHEREAS, the procedure in NBFD Guideline D.02 specifies that the
connections for the BARS must be compatible with the NBFD's mobile breathing air
unit; and
WHEREAS, the City no longer has a mobile breathing air unit, nor is a
replacement unit funded and this equipment is essential to the successful operation of
BARS; and
WHEREAS, countywide operational integration of BARS presents ongoing
logistical and training issues for NBFD and other fire agencies in Orange County; and
WHEREAS, absent the availability of a NBFD mobile breathing air unit, the strict
application of the City's Fire Code in this specific setting is not workable; and
WHEREAS, the City Council readopts the findings and recitals contained in
Ordinance No. 2010 -24 as if set forth in full herein.
NOW THEREFORE, the City Council of the City of Newport Beach ordain as
follows:
SECTION 1: Section 9.04.060 of Chapter 9.04 of the Newport Beach Municipal
Code is hereby repealed.
SECTION 2: A new section 9.04.060 of Chapter 9.04 of the Newport Beach
Municipal Code is hereby added to read as follows:
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.
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 maybe designated by the fire code official.
Section 611 Solar Photovoltaic Systems is amended by adding Section 611.1 to read as
follows:
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.
SECTION 3: The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of
this ordinance, or any part thereof, or the application thereof to any person or
circumstance is for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance, or any part thereof, or its application to other persons or
circumstances. The City Council hereby declares that it would have passed and
adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, paragraphs,
subparagraphs, sentences, clauses or phrases, or the application thereof to any person
or circumstances, be declared invalid or unconstitutional.
SECTION 5: 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.
[CONTINUED ON NEXT PAGE.]
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 25th day of September, 2012, and adopted on the 9th day
of October, 2012, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPR • ASS T - O
AARON -G. HARP, CITY ATTORNEY