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HomeMy WebLinkAboutCC ORD 2017-2418 Adopting 2016 CA Fire Code and Appedices, 2016 Building Standards and National Fire Protection Association StandardsORDINANCE NO 2017 — 2418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2016 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS), ADOPTING THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2016 California Fire Code, the 2016 California Building Standards Code (Title 24, Part 9 of the California Code of Regulations), the Appendices thereto, and the National Fire Protection Association Standards except as amended in Chapter 15.28 of the National City Municipal Code. Section 2. The City Council finds that, consistent with their findings adopted in 2013 under Ordinance No. 2013-2387, which findings are incorporated herein by reference, the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 3. The City Council of the City of National City hereby amends and deletes certain sections of the 2016 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from that Code. Section 4. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 of the National City Municipal Code to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28.002 Findings and declarations. 15.28.010 2016 California Fire Code — Adopted and amended. 15.28.020 Establishment and duties of fire prevention bureau. 15.28.030 Definitions. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum is prohibited — Amended. 15.28.060 Establishment of Limits for Storage of Explosives and Blasting Agents is to be prohibited — Amended. 15.28.070 Amendments made to the 2016 California Fire Code. 15.28.080 Section 102.7 "Referenced Codes" — Amended. 15.28.085 Section 307.4.1 "Bonfires" — Amended. 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. 15.28.100 Section 1013.6.1 "Graphics" — Amended. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. 15.28.130 Section 503.6 "Security Gates" — Amended. 15.28.140 Section 108, "Board of Appeals", Section 108.1, "Board of appeals established" - Amended 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.002 Findings and declarations. The City Council of the City of National City, does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in and variations from the 2016 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2016 California Fire Code — Adopted and amended. There is adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau, the 2016 California Fire Code, and the appendices thereto, including both Administration Divisions I and II, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire marshal of the City of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the City of National City. Ordinance No. 2017-2418 2 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the City of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the City of National City. C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2016 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code, they shall be held to mean the fire marshal of the City of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term " City" is used, it means the City of National City. E. Where the term "corporation counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire authority having jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. G. Whenever the term "this code" is used, it means the 2016 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used, they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited — Amended. Section 5504.3 of the 2016 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM and IM; Medium Manufacturing; MH and IH; Heavy Manufacturing; MT —Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited — Amended. Sections 5704.2.9.6 and 5706.2.4.4 of the 2016 California Fire Code are amended to read as follows: Ordinance No. 2017-2418 3 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code All areas within the city limits of the City of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited — Amended. Section 6104.2 of the 2016 California Fire Code is amended to read as follows: All areas within the city limits of the City of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. 15.28.060 Establishment of limits for storage of explosives and fireworks is to be prohibited — Amended. Chapter 56 of the 2016 California Fire Code is amended to read as follows: The permanent storage of explosives and/or fireworks shall be strictly prohibited within the city limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2016 California Fire Code. The geographical density of the City of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002, Findings and declarations. 15.28.080 Section 102.7 "Referenced Codes" — Amended. Section of the 2016 California Fire Code is amended to read as follows: 102.7 The codes, standards, and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" — Amended. Section 307.4.1 of the 2016 California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. Ordinance No. 2017-2418 4 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 15.28.090 Section 307.4.2 "Recreational Fires" — Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1013.6.1 "Graphics" — Amended. Section 1013.6.1 of the 2016 California Fire Code is amended to read as follows: 1013.6.1 Graphics. Every exit sign and directional exit sign shall have plainly legible letters not Tess than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes, and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. 15.28.110 Section 5704.3.3.9 "Storage of Empty Wooden or Plastic Pallets" — Supplemented. The following is added to Section 5704.3.3.9 as follows: Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 and Appendix Section D103.2 "Grade" — Amended. Sections 503.2.7 and Appendix Section D103.2 of the 2016 California Fire Code are amended to read as follows: 503.2.7 and Appendix Section D103.2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. Ordinance No. 2017-2418 5 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code 15.28.130 Section 503.6 "Security Gates" — Amended. Section 503.6 of the 2016 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Section 108, "Board of Appeals", Section 108.1, "Board of appeals established" - Amended. In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Marshal relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass judgment on matters pertaining �► to hazards of fire, explosions, hazardous conditions and/or fire protection systems, and are not employees of the City. Board members shall serve at the pleasure of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Fire Marshal. The Fire Marshal shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the board may be appealed to the City Council by the appellant or by the Fire Marshal within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal. 15.28.150 New materials, processes or occupancies, which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2016 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. Ordinance No. 2017-2418 6 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code PASSED and ADOPTED this 17th day of January, Morrison, Mayor ATTEST: erz, 41 „a, 11 Michael R. Dalla, Ci y Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ordinance No. 2017-2418 7 Amending NCMC Chapter 15.28 Aopted: January 17, 2017 2016 Fire Code Passed and adopted by the Council of the City of National City, California, on January 17, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California At City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on December 6, 2016 and on January 17, 2017. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2017-2418 of the City Council of the City of National City, passed and adopted by the Council of said City on January 17, 2017. By: City Clerk of the City of National City, California Deputy