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SR - RES-10977 - FIRST READING OF ORDINANCEAGENDA ITEM September 13, 2016 SUBJECT: Adoption of Resolution No. 10977 A Resolution of the City Council of the City of Orange setting forth findings with respect to local conditions within the City of Orange justifying modifications and changes to the 2016 California Fire Code Adoption of Ordinance No. 8 -16 An Ordinance repealing and replacing Chapter 15.32 of the Orange Municipal Code to update the City of Orange Fire Code with the 2016 California Fire Code and portions of the International Fire Code as amended. 2. SUMMARY: Effective January 1, 2017, the 2016 California Fire Code will go into effect and be binding on the City. Any changes or modifications to the 2016 California Fire Code must be adopted before January 1 to become effective. State law requires any changes or modification to the California Fire Code be supported by findings related to local conditions. Resolution No. 10977 contains the appropriate and necessary findings to support the recommended changes to the 2016 California Fire Code found in Ordinance 8 -16. Ordinance 8 -16 repeals and replaces Chapter 15.32 of the Orange Municipal Code (City of Orange Fire Code) so that is can be updated with the 2016 California Fire Code and portions of the International Fire Code with appropriate revisions ensuring compatibility with local City conditions. 3. RECOMMENDED ACTION: Adopt Resolution No. 10977 Adopt Ordinance No. 8 -16 for first reading ITEM I 1 .a 1 9/13/16 4. FISCAL IMPACT: None 5. STRATEGIC PLAN GOAL(S): 1. Provide for a safe community d. Assure the development of the City occurs in a fashion that maximizes public safety. G. GENERAL PLAN IMPLEMENTATION: Public Safety Goal 3.0 Protect lives and property of Orange residents and businesses from urban and wildland fire hazards. Policy 3.1: Continue to identify and evaluate new potential fire hazards and fire hazard areas. 7. DISCUSSION and BACKGROUND: The California Health and Safety Code authorizes the City to make changes in the provisions of the California Fire Code as long as those changes are more stringent than the State's minim requirements and the changes are reasonably necessary based upon local climatic, geological or topographical conditions. There have been many updates to the California Fire Code that have added additional occupant safety, as well as statistical research supporting a more streamlined local ordinance. The proposed changes to the "City of Orange Fire Code" are now more consistent with the adopted codes of other jurisdictions throughout Orange County. The Orange City Fire Department is responsible for enforcing standards and regulations of the State Fire Marshal. Portions of the State Fire Marshal's standards are incorporated in the 2016 California Fire Code which is based on the International Fire Code and updated periodically as necessary by the California Building Standards Commission. Every three (3) years, a new International Fire Code and California Fire Code are published. The City is subject to the California Fire Code as written, effective January 1, 2017, unless the City adopts amendments to that Code, supported by local findings reasonably supporting such amendments. The City must adopt any portion of the International Fire Code it wishes to follow. The Fire Prevention Division of the Services Section of the Fire Department has reviewed the 2016 California Fire Code and recommends repealing and replacing Chapter 15.32 of the Orange Municipal Code to update the "City of Orange Fire Code" in a comprehensive and logical manner. The proposed amendments have been written to ensure compatibility with the California Fire Code ITEM 2 9/13/16 and local conditions and do not reflect substantive changes in the previous "City of Orange Fire Code" nor a significant departure from the California Fire Code Attached is a copy of the ordinance that replaces the "City of Orange Fire Code." Changes in the code that are not merely administrative provisions are discussed below. Ordinance 8 -16 amends Orange Municipal Code Section 15.32.070, "Definitions," to remove the definition of a high -rise building as a building having floors used for human occupancy located more than 55 feet above the lowest floor level having building access. The definition reverts back to the statewide height of 75 feet. Given code advancements in fire and life safety, applying additional high -rise code requirements for buildings between 55 feet and 75 feet in height are no longer needed. This change results in significant building construction cost savings. Ordinance 8 -16 amends Orange Municipal Code Section 15.32.390, "Where [automatic fire sprinkler systems are] required," to give relief to owners of non- sprinklered buildings. This amendment is specific to owners of existing, non - sprinklered buildings with areas less than that required for new buildings requiring automatic fire sprinklers. The amendment would allow them to add up to 33% of the original building area before requiring them to install an automatic fire sprinkler systems. This will provide significant relief to building owners who are nearing the building area requiring sprinkler retrofit, but want to add a reasonable amount of area to their buildings without incurring the cost of a fire sprinkler retrofit. Ordinance 8 -16 further amends Orange Municipal Code Section 15.32.390, "Where [automatic fire sprinkler systems are] required." This additional amendment clarifies a specific requirement to install an automatic fire sprinkler system when the life safety hazard of a building is increased based upon a change in use. Building spaces are often adapted and re -used from mercantile and business uses to a drinking and dining use. When a drinking and dining use involves an occupant load of 50 or more, the code recognizes it as an assembly occupancy. Although the occupancy has changed, the model code allows up to 100 occupants before requiring fire sprinklers. This amendment allows owners of buildings exceeding the building area requiring fire sprinkler installation in new buildings, and with a new drinking and dining use, up to 100 occupants before requiring the installation of an automatic fire sprinkler system. This clarification will give relief to the vast majority of restaurant owners that propose re -use of existing buildings. 8. ATTACHMENTS: • Resolution No. 10977 • Ordinance No. 8 -16 ITEM 3 9/13/16 RESOLUTION NO. 10977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF ORANGE JUSTIFYING MODIFICATIONS AND CHANGES TO THE CALIFORNIA FIRE CODE. WHEREAS, the Health & Safety Code provides that the City of Orange shall be governed by the same requirements as those found in the California Fire Code unless the City Council acts to change the requirements; and WHEREAS, the Health & Safety Code permits the City Council to make such changes or modifications to the California Fire Code as are reasonably necessary because of local conditions; and WHEREAS, the Health & Safety Code requires that the City Council, make express findings before making any changes or modifications to the California Fire Code, such changes or modifications to the Code must be done in response to local climatic, geographic, or topographic conditions; and WHEREAS, the Fire Chief has recommended amendments to the 2016 California Fire Code as set forth in Ordinance 8 -16 because of local climatic, geographical and topographical conditions; and WHEREAS, modifications to the 2016 California Fire Code are required as a result of the following local climatic, geographical and topographical conditions. The changes and modifications to the 2016 California Fire Code are found in Ordinance 8 -16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The foregoing recitals are true and correct. 2. The City Council finds the following local climatic, geographical and topographical conditions exist in the City of Orange: I. Climatic Conditions A. The jurisdiction of Orange is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions Reso. No. 10977 1 DHH CITY COUNCIL MINUTES SEPTEMBER 13, 2016 11. PUBLIC HEARINGS (Continued) MOTION - Whitaker SECOND - Murphy AYES - Alvarez, Whitaker, Smith, Murphy, Nichols Moved to approve Resolution No. 10975 NOTE: Councilmember Alvarez left the dais at 7:45 p.m. 11.2 Adoption of the 2016 California Fire Code. (A2500.0) Time set for a public hearing to consider adoption of the 2016 California Fire Code, and portions of the 2015 International Fire Code. THE MAYOR OPENED THE PUBLIC HEARING, THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10977 A Resolution of the City Council of the City of Orange Setting Forth Findings with Respect to Local Conditions within the City of Orange Justifying Modifications and Changes to the 2016 California Fire Code. MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Murphy, Nichols ABSENT - Alvarez Moved to approve Resolution No. 10977 ORDINANCE NO. 08-16 (FIRST READING) An Ordinance of the City Council of the City of Orange Deleting Chapter 15.32, City of Orange Fire Code, in its Entirety and adding Chapter 15.32, Adopting and Amending the 2016 California Fire Code and Portions of the 2015 International Fire Code as the City of Orange Fire Code, to Title 15 (Buildings and Construction) of the Orange Municipal Code. MOTION - Nichols SECOND - Murphy AYES - Whitaker, Smith, Murphy, Nichols ABSENT - Alvarez Moved that Ordinance No. 08 -16 be approved for First Reading and same was set for Second Reading by the preceding vote. PAGE 11