HomeMy WebLinkAboutAdopt Ordinance No. 4231 - Adding Section 17.48.050 to the H City of Huntington Beach �DR7-12 ►`�'�
File #: 21-419 MEETING DATE: 6/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Scott M Haberle, Fire Chief
Subject:
Adopt Ordinance No. 4231 adding Section 17.48.050 to the Huntington Beach Municipal Code
Chapter to amend Subsection A of Section 690.13 of the California Electrical Code
Approved for introduction May 17, 2021 - Vote: 7-0
Statement of Issue:
Ordinance No 4231 approved for introduction on May 17, 2021 , requires adoption.
Financial Impact:
Not applicable
Recommended Action:
Adopt Ordinance No. 4231, "An Ordinance of the City Council of the City of Huntington Beach Adding
Section 17.48.050 to the Huntington Beach Municipal Code Chapter to Amend Subsection A of
Section 690.13 of the California Electrical Code."
Alternative Action(s):
Do not approve the ordinance and direct staff accordingly.
Analysis:
The adoption of the Huntington Beach Municipal Code Chapter 17.48.050 Section 690.13A requires
the means to disconnect a photovoltaic and electrical energy storage system to be installed at a
readily accessible location on the exterior of the building. This section also requires a visible, open,
lockable AC disconnect to be located within three feet of the meter, photovoltaic disconnect, or as
required by the Building or Fire Code Official.
Energy Storage systems, such as Tesla Powerwalls, are often installed in combination with
photovoltaic systems. The California Fire Code and Electrical Code allow for energy storage
systems' disconnect to be located directly on the storage system. In the event of a fire, this can be
City of Huntington Beach Page 1 of 2 Printed on 5/26/2021
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File #: 21-419 MEETING DATE: 6/1/2021
problematic as these battery systems are typically installed inside a building, which requires
Huntington Beach Fire Department personnel to enter into a building to shut down any battery
storage system that are back-feeding the electrical system.
The single disconnect will give Fire personnel the ability to de-energize the primary power,
photovoltaic system, and energy storage systems at a single location outside the building.
The Legislative Draft showing the revisions to the Huntington Beach Municipal Code 17.48.050
Section 690.13A is included to Ordinance 4231 (Attachment 1).
Environmental Status:
The proposed ordinance amends existing Huntington Beach Municipal Code requirements related to
electrical disconnects for Photovoltaic and Energy Storage Systems, and would not result in direct or
indirect physical changes to the environment. As such, the proposed ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3),
which exempts activities where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4231 , "An Ordinance of the City Council of the City of Huntington Beach Adding
Section 17.48.050 to the Huntington Beach Municipal Code Chapter to Amend Subsection A
of Section 690.13 of the California Electrical Code."
City of Huntington Beach Page 2 of 2 Printed on 5126/2021
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7-0
City of Huntington Beach
File #: 21-383 MEETING DATE: 5/17/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Scott M. Haberle, Fire Chief
Subject:
Approve for Introduction Ordinance No. 4231 adding Section 17.48.050 to the Huntington
Beach Municipal Code Chapter to amend Subsection A of Section 690.13 of the California
Electrical Code
Statement of Issue:
The City Council is requested to approve Ordinance No. 4231 to add Section 17.48.050 to the
Huntington Beach Municipal Code Chapter, which will amend a subsection of the Section 690.13 of
the California Electrical Code related to the requirement of exterior electrical disconnects for
Photovoltaic Systems and Energy Storage Systems.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4231, "An Ordinance of the City Council of the City of
Huntington Beach Adding Section 17.48.050 to the Huntington Beach Municipal Code Chapter to
Amend Subsection A of Section 690.13 of the California Electrical Code."
Alternative Action(s):
Do not approve the ordinance and direct staff accordingly.
Analysis:
The adoption of the Huntington Beach Municipal Code Chapter 17.48.050 Section 690.13A requires
the means to disconnect a photovoltaic and electrical energy storage system to be installed at a
readily accessible location on the exterior of the building. This section also requires a visible, open,
lockable AC disconnect to be located within three feet of the meter, photovoltaic disconnect, or as
required by the Building or Fire Code Official.
City of Huntington Beach Page 1 of 2 Primed on 5/122021
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File #: 21-383 MEETING DATE: 5/17/2021
Energy Storage systems, such as Tesla Powerwalls, are often installed in combination with
photovoltaic systems. The California Fire Code and Electrical Code allow for energy storage
systems' disconnect to be located directly on the storage system. In the event of a fire, this can be
problematic as these battery systems are typically installed inside a building, which requires
Huntington Beach Fire Department personnel to enter into a building to shut down any battery
storage system that are back-feeding the electrical system.
The single disconnect will give Fire personnel the ability to de-energize the primary power,
photovoltaic system, and energy storage systems at a single location outside the building.
The Legislative Draft showing the revisions to the Huntington Beach Municipal Code 17.48.050
Section 690.13A is included to Ordinance 4231 (Attachment 1).
Environmental Status:
The proposed ordinance amends existing Huntington Beach Municipal Code requirements related to
electrical disconnects for Photovoltaic and Energy Storage Systems, and would not result in direct or
indirect physical changes to the environment. As such, the proposed ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3),
which exempts activities where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4231, "An Ordinance of the City Council of the City of Huntington Beach Adding
Section 17.48.050 to the Huntington Beach Municipal Code Chapter to Amend Subsection A
of Section 690.13 of the California Electrical Code."
City of Huntington Beach Page 2 of 2 Printed on 5112/2021
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ORDINANCE NO. 4231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 17.48.050 TO THE HUNTINGTON BEACH
MUNICIPAL CODE CHAPTER TO AMEND SUBSECTION A OF SECTION 690.13 OF THE
CALIFORNIA ELECTRICAL CODE
WHEREAS, Section 17958.5 of the Califomia Health crud Safety Code permits the City
to make changes or modifications to the Califomia Electrical Code as such changes or
modifications are reasonably necessary because of local climatic, geographic or topographical
conditions; and
The Fire Chief of the City of Huntington Beach has recommended amending the
California Electrical Code to require that an exterior disconnect switch be part of the installation
of new photovoltaic and energy storage systems to allow fire personnel to safely de-energize
these systems from the exterior of the building; and
This amendment to the Electrical Code is necessary to meet local climatic, geographical
and topographical conditions in the City of Huntington Beach.
The City Council of the City of Huntington Beach does hereby find and ordain as
follows:
SECTION I. Findings. Local jurisdictions may amend the California Building Standards
Codes as necessary by making findings that differences caused by local topographical,
geographical, and climatic conditions exist in Huntington Beach. In accordance with California
Health & Safety Code Section 17958.7, any modifications made by local ordinance must contain
findings and be filed. along with the findings thereto, with the California Building Standards
Commission. The Fire Chief finds that the amendment to the Electrical Code set forth in Section
2 is necessary due to the following findings relating to local conditions:
A. Climatic Conditions:
1. Hot, dry, high velocity winds (called Santa Ana winds) are common in the area. These
winds reduce the relative humidity causing severe drying of the vegetation and common
building materials. These dry conditions predispose the area to large destructive fires
(conflagration).
2. Dry climatic conditions can create the potential for the rapid spread of fire in both
vegetation and structures. The addition of an exterior disconnect switch to new photovoltaic
and energy storage systems will supplement the Fire Department response by providing
immediate protection for the building occupants and by containing or controlling the spread
of fire.
3. The southern boundary of the City is along the Pacific Ocean. Winter storms and tropical
storms come into the City from the ocean. These storms can create high winds and large
ocean waves, which can cause flooding in large areas of the city. Along part of the eastern
boundary of the City is the Santa Ana River. This river originates in the San Bemardino
Mountains and flows through many communities until it terminates in the ocean at the
Huntington Beach/Newport Beach border. The river is contained in a manmade channel.
ORDfNANCE NO. 4231
Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the
river and/or its tributaries.
B. Geological Conditions:
I. The City of Huntington Beach is located in an area of high seismic activity. The Newport-
Inglewood Fault runs through the City, which is the largest of several faults. Studies reveal
that this fault has the probability of generating a 6.6 magnitude earthquake. Because of the
population density and the number of structures in the City, the risk of life loss and property
damage due to earthquake activity is considerable. Experts predict a major earthquake in
our area within the next 50 years. This situation creates the need for both additional fire
protection measures and automatic on-site fire protection for building occupants since a
multitude of fires may result from breakage of gas and electric lines as a result of an
earthquake. As noted by "Planning Scenario on a Major Earthquake on the Newport-
Inglewood Fault Zone, 1988, State Department of Conservation," page 59, "unfortunately,
barely meeting the minimum earthquake standards of building codes places a building on
the verge of being legally unsafe.
2. i\,fuch of the City is in a methane district due to the natural detritus of organic matter in the
Huntington Beach Oil Field, which was first discovered in 1920 and from which there was
approximately 2.4 million barrels of oil and approximately 1.1 million cubic feet of gas
produced in 2015. This hazard presents a unique threat to the City and has the potential to
cause fire, or environmental emergencies.
3. Significant areas of Huntington Beach contain corrosive soils that reduce the expected
usable life of water services when metallic pipes are exposed to these soils.
4. According to the City Hazard N itigation Plan (2017), large portions of the City are in the
tsunami hazard zone and subject to inundation. These flood conditions impact the response
and activity level of the Fire Department or cause damage to the structures and
infrastructures.
5. There are no dams in Huntington Beach. However, the city is on the floodplain on the Santa
Ana River. There are two dams, Prado Dam and Seven Oaks Dam, which are located
upstream of Huntington Beach on the Santa Ana River. Failure of either dam could cause
damage in Huntington Beach. The primary threat to Huntington Beach is from the failure
of Prado Dam. If the dam were to experience a partial or complete failure event, the
resulting flood would likely overtop the banks of the Santa Ana River. Depending on the
amount of water released, the failure of Prado Dam could results in floodwaters inundating
all of Huntington Beach except for the area roughly bordered by Beach Boulevard, Talbert
Avenue, Edwards Street, and the shore.
6. Traffic and circulation congestion presently existing in the City of Huntington Beach often
places fire department response time to fire occurrences at risk. This condition will be
exacerbated by any major disaster, including any earthquake wherein damage to the
highway system will occur. This condition makes the need for additional on-site protection
for property occupants necessary.
7. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of
fires when such fires are accompanied by high winds. Pieces of burning wooden roofs
21-9398/253065/SFF
ORDINANCE NO. 4231
become flying brands, are carried by the wind to other locations, and thereby spread fire
quickly. Past Grand Jury Report findings support this concem.
SECTION 2. AMENDNIENT. Section 17.48.050 is added to Chapter 17.48 of the
Huntington Beach Municipal Code amending Subsection A of Section 690.13 of the California
Electrical Code to read as follows:.
"17.48.050 Section 690.13(A)-Amended
(A) Location. The means to disconnect a photovoltaic and electrical energy storage systern shall
be installed at a readily accessible location on the exterior of the building. A visible-open.
lockable AC disconnect shall be located within three(3) feet of the meter, photovoltaic
disconnect, or as required by the Building or Fire Code Official.
SECTION 3. This Ordinance shall become effective thirty (30) days from the date of its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the /JT day of _T E 2021.
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Mayor
ATTEST: APPROVED AS TO FORM:
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',City Clerk g City Attorney
ftaWVED: INITIATED AND APPROVED:
tv \4an eer Fire Chief
INIIA"fI.AED�y
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Director of Community Development
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21-9398/253065/SFF
Ord. No. 4231
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on May 17, 2021, and was again read to said City
Council at a Special meeting thereof held on June 1, 2021, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Peterson, Kalmick, Carr, Posey, Moser, Delgleize
NOES: None
ABSENT: Ortiz
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Have on June 10,2021.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk Citv Jerk and es-officio Clerk
Deputy Cite Clerk of the City Council of the City
of Huntington Beach. California
LEGISLATIVE DRAFT
HBMC Chapter 17.48 ELECTRICAL CODE
17.48.450—Secti n 690.13-[K Ameaded
690.13 Photovoltaic System Disconnecting Means. Means shall be provided to disconnect
the PV system from all wiring systems including power systems, energy storage systems, and
utilization equipment and its associated premises wiring.
A. Location. The PV system- ----- _.----..� aeeess+ble
baton. The-means to disconnect a ph-otov9ttaic_and_electrical_energy_storagg systems shalLbe
installed_at-a_readilysiccessiblelocation 9n the_exteriof of_the_buiiding.—A visible--open._lockable
AC disconnect shall be-located—w.ithin three_(X.eet of_the_meter,=photovoltaic disconnect,_or as
requiredbv_the_Buildinca_or_Eire Code_Olficial.
Informational Note: PV systems installed in accordance with 690.12 address the concerns related
to energized conductors entering a building.
21-9398/253228