HomeMy WebLinkAboutCC ORD 2019-2467 2019 CA Fire Code, Building Code, and National Fire Protection Association StandardsORDINANCE NO. 2019 - 2467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE 2019 CALIFORNIA FIRE CODE AND THE APPENDICES
THERETO, ADOPTING THE 2019 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 2019
California Fire Code, the 2019 California Building Standards Code (Title 24, Part 9 of the California
Code of Regulations), and 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 2019 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 2019 California Fire Code — Adopted and amended.
15.28.020 Establishment and duties of fire prevention bureau.
15.28.030 Definitions.
15.28.035 Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3
"Outdoor storage" — Amended.
15.28.040 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage,"
Subsections 5704.2.9.6.1 and 5706.2.4.4 "Locations where above -ground
tanks are prohibited" — Amended.
15.28.050 Chapter 61 "Liquefied Petroleum Gases," Section 6104 Location of LP -Gas
Containers," Subsection 6104.2 "Maximum capacity within established
limits" — Amended.
15.28.060 Chapter 56 "Explosives and Fireworks," Section 5601 General" —
Amended.
15.28.070 (Reserved)
15.28.080 Chapter 1 "Scope and Administration," Division II "Administration," Section
102.7 "Referenced Codes and Standards" — Amended.
15.28.085 Chapter 3 "General Requirements," Section 307 "Open Burning,
Recreational Fires and Portable Outdoor Fireplaces, Subsection 307.4.1
"Bonfires" — Amended.
15.28.090 Chapter 3 "General Requirements," Section 307 "Open Burning,
Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.2
"Recreational Fires" — Amended.
15.28.100 Chapter 10 "Means of Egress," Section 1013 "Exit Signs," Subsection
1013.6.1 "Graphics" — Amended.
15.28.110 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage,"
Subsection 5704.3.3.9 "Idle Combustible Pallets" — Amended.
15.28.120 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access
Roads," Subsection 503.2.7 "Grade," and Appendix Section D103.2
"Minimum Specifications," Subsection D103.2 "Grade" — Amended.
15.28.130 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access
Roads," Subsection 503.6 "Security gates" — Amended.
15.28.140 Chapter 1 "Scope and Administration," Division II "Administration," Section
109, "Board of Appeals", Subsection 109.1, "Board of Appeals established"
- Amended
15.28.150 New materials, processes or occupancies, which may require permits.
15.28.160. Chapter 1 "Scope and Administration," Division II "Administration," Section
105 "Permits," Subsection 105.3.1 "Expiration" - Amended
15.28.170 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 dry
Southern California climate, and the geographical and topographical conditions in the City of
National City do reasonably necessitate and demand specific changes in and variations from the
2019 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.
Ordinance No. 2019-2467 2 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
15.28.010 2019 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 2019 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.
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 2019 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 2019 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".
Ordinance No. 2019-2467 3 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
15.28.035 Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3
"Outdoor storage" — Amended. Subsection 5504.3 of the 2019 California Fire Code is amended
to read as follows:
5504.3 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 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage,"
Subsections 5704.2.9.6.1 and 5706.2.4.4 "Locations where above -ground tanks are prohibited"
— Amended. Subsections 5704.2.9.6.1 and 5706.2.4.4 of the 2019 California Fire Code are
amended to read as follows:
5704.2.9.6.1, 5706.2.4.4 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 Chapter 61 "Liquefied Petroleum Gases," Section 6104 "Location of LP -
Gas Containers," Subsection 6104.2 "Maximum capacity within established limits" — Amended.
Subsection 6104.2 of the 2019 California Fire Code is amended to read as follows:
6104.2 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 Chapter 56 "Explosives and Forewoks," Section 5601 — Amended. Section
5601 of the 2019 California Fire Code is amended to read as follows:
5601 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 (Reserved)
15.28.080 Chapter 1 "Scope and Administration," Division II "Administration,"
Subsection 102.7 "Referenced Codes" and Standards" — Amended. Subsection 102.7 of the 2019
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
Ordinance No. 2019-2467 4 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
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 Chapter 3 "General Requirements," Section 307 "Open Burning,
Recreational Fires and Portbale Outdoor Fireplaces," Subsection 307.4.1 "Bonfires" — Amended.
Subsection 307.4.1 of the 2019 California Fire Code is amended to read as follows:
307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits.
15.28.090 Chapter 3 "General Requirements," Section 307 "Open Burning,
Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.2 "Recreational Fires" —
Amended. Subsection 307.4.2 of the 2019 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 Chapter 10 "Means of Egress," Section 1013 "Exit Signs," Subsection
1013.6.1 "Graphics" — Amended. Subsection 1013.6.1 of the 2019 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 less 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 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage,"
Subsection 5704.3.3.9 "Idle Combustible Pallets" — Amended. Subsection 5704.3.3.9 of the 2019
California Fire Code is amended to read as follows:
5704.3.3.9 Idle Combustible 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.
Ordinance No. 2019-2467 5 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
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 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access
Roads," Subsection 503.2.7 "Grade," and Appendix Section D103.2 "Minimum Specifications,"
Subsection D103.2 "Grade" — Amended. Subsection 503.2.7 and Appendix Subsection D103.2
of the 2019 California Fire Code are amended to read as follows:
503.2.7 and Appendix Subsection D103.2 Grade. The maximum permitted
gradient for a fire apparatus access road shall not exceed 15%.
15.28.130 Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access
Roads," Subsection 503.6 "Security Gates" — Amended. Subsection 503.6 of the 2019 California
Fire Code is amended as follows:
503.6 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 Chapter 1 "Scope and Administration," Division II "Administration," Section
109, "Board of Appeals", Section 109.1, "Board of Appeals established" - Amended. Subsection
109.1 of the 2019 California Fire Code is amended as follows:
109.1 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.
Ordinance No. 2019-2467 6 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
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 Chapter 1 "Scope and Administration," Division II "Administration," Section
105 "Permits," Subsection 105.3.1 "Expiration" - Amended. Subsection 105.3.1 of the 2019 Fire
Code is amended as follows:
105.3.1 Expiration. Every permit issued by the Fire Authority Having Jurisdiction
under the provisions of this code shall expire by limitation and become null and void if the building
or work authorized by such permit is not commenced within twelve calendar months from the date
of such permit, or if the building or work authorized by such permit is stopped at any time after
the work is commenced for a period of six calendar months, or if the building or work authorized
by such permit exceeds three calendar years from the issuance date of the permit. Work shall be
presumed to have commenced if the permittee has obtained a required inspection approval of
work authorized by the permit by the Fire Authority Having Jurisdiction within six calendar months
of the date of permit issuance.
Work shall be presumed to be stopped if the permittee has not obtained a
required inspection of work by the Fire Authority Having Jurisdiction within each six-month period
upon the initial commencement of work authorized by such permit.
Before such work can be recommenced, a new permit, or renewal permit as
specified below, shall be first obtained.
1. Permits where work has not commenced. For permits for which work
has not commenced in the first six calendar months from the date of issuance, a renewal permit
may be obtained provided that:
A. No changes have been made or will be made in the original
plans and specifications for such work;
B. The expiration has not exceeded three years from the original
issuance date;
C. The same edition of the California codes is in effect as used
is in the initial plan check;
D. A fee equal to one-half the amount required for a new permit
is paid;
Ordinance No. 2019-2467 7 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
E. The renewal permit shall expire three calendar years from the
date of initial permit issuance.
Where later editions of the California codes have been adopted than used in the
initial plan check, such applications for renewal shall be considered as a new plan check submittal.
Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan
check is required, and a full new plan check fee shall be paid. Upon completion of a new plan
check, the permit may be renewed upon payment of a permit fee equal to one-half the amount
required for a new permit.
2. Permits where work has commenced. For permits where work has
commenced and was subsequently stopped as defined herein, a renewal permit may be obtained
provided that:
A. No changes have been made or will be made in the original
plans and specifications for such work;
B. The expiration has not exceeded three years from the original
issuance date;
C. A fee equal to one-half the amount required for a new permit
is paid, except that where construction has progressed and has been approved to the point of
requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit
shall be paid; and
D. A renewal permit shall expire three calendar years from the
date of initial permit issuance.
3. Permits that have exceeded three years. For permits that have
exceeded three years beyond the issuance date, a renewal permit may be obtained provided that:
A. Construction in reliance upon the building permit has
commenced and has been approved;
B. No changes have been made or will be made in the original
plans and specifications for such work; and
C. A fee equal to the full amount required for a new permit is
paid except that where the Fire Authority Having Jurisdiction determines that construction has
progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.
The maximum life of a permit renewal in accordance with subsection 15.28.160(3)
shall be one calendar year from the date of renewal. The permit may be renewed for each
calendar year thereafter provided that all requirements of subsections A., B., and C., as stated in
subsection 15.28.160(3), are met.
4. Extension of an unexpired permit. For an extension of an unexpired
permit, the permitee may apply for an extension of time within which work under that permit may
be continued when, for good and satisfactory reasons as determined by the Fire Authority Having
Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time
required by section 15.28.160. The Fire Authority Having Jurisdiction may extend the time for
action by the permittee for a period not exceeding six calendar months beyond the expiration date
in effect at the time of the extension application, upon written request by the permittee showing
that circumstances beyond the control of the permittee have prevented action from being taken.
5. Permits issued where the permittee has been deployed to a foreign
country, may be held in abeyance until six months after the return of the permittee from his/her
deployment if necessary, upon application for such relief by the permittee.
Ordinance No. 2019-2467 8 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
15.28.170 Penalties. Any person who shall violate any of the provisions of the 2019
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.
PASSED and ADOPTED this 3RD day of December
Michael R. Da, City Clerk
APPROVED AS TO FORM:
orris -Jo
CAttorney
Alejan.r. S: lo- olis, Mayor
Ordinance No. 2019-2467 9 Amending NCMC Chapter 15.28
Aopted: December 3, 2019 2019 Fire Code
Passed and adopted by the Council of the City of National City, California, on
December 3, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
By:
Mayor of the City of National City, California
City Clerk of the City of National City, California
diel21•11//(—
eputy
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 November 19, 2019 and on December 3, 2019.
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.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2019-2467 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 3, 2019.
By:
City Clerk of the City of National City, California
Deputy