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HomeMy WebLinkAboutOrd 18142 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1814 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE The City Council of the City of Burlingame ordains as follows: Section 1. The City of Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with a number of substantial creeks flowing through highly developed residential and industrial areas. It is surrounded by large areas of open space maintained in natural condition, as well as having a significant natural canyon in the center of the residential area. The City normally receives no measurable precipitation between May and October, and it can often extend into late October or early November. During this period, average temperatures range between 70'F and 90'F, and strong winds comedown the foothills. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that extend the dry periods to other months of the year. In addition, many wood roofs over wood construction predominate the residential areas. The City is directly east of the San Andreas Fault, and much of the highly developed part of the City is located along the front of the Bay, some on fill. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the City. The City has a number of highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that could be highly hazardous. In addition, heavily traveled approach and departure routes for San Francisco International Airport are immediately adjacent or over the City. Much of the residential areas that are immediately adjacent to woodland and canyon are served by narrow one- or two-lane roads with confused access caused by the steepness of the terrain. Access by fire suppression equipment is extremely limited by both topography and improved access. It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve, 10' 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain these goals, the fire prevention standards in Title 17 are adopted. Section 2. In addition, in order to provide appropriate, clear information to applicants for construction approvals, Section 17. 04.020 is adopted to conform Title 17 to Title 18 and the Zoning Code requirements established in the Municipal Code. Section 3. The City operates its own sanitary sewer system and water quality control plant and is subject to State and Federal laws regarding bath point and non -point discharges. Section 17.04.030 is adopted to ensure responsibility for hazardous materials and to clarify liability to assist the City in meeting its responsibilities regarding those laws as well as protecting the public safety and welfare, Section 4. Chapter 17.04 is amended to read as follows: Chapter 17.04 INTERNATIONAL FIRE CODE 17.04.010 Adoption of the California Fire Code and International Fire Code. 17.04.020 Amendments to the California Fire Code and International Fire Code. 17.04.030 Deposits of hazardous materials --Cleanup or abatement --Liability for costs. 17.04.040 Appeal and review. 17.04.010 Adoption of text of the California Fire Code and the International Fire Code. There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code which contains building standards known as the 2007 California Fire Code (International Fire Code, 2006 Edition as amended by the State of California), and the non -building standards known as the International Fire Code, 2006 Edition, together with all appendices and the State of California amendments thereto, save and except such portions as are in this chapter deleted, modified, or amended. 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17.04.020 Amendments to the California Fire Code and International Fire Code The California Fire Code and the Intemational Fire Code are amended or modified as follows: (a) Appendix Chapter 1, Section 105.3.3, IFC is amended and 105.4.1.1 is added -- Certificates of occupancy and plan review. Section 105.3.3 is deleted in its entirety and replaced with the following: Section 105.3.3. No final inspection by the Building Official as to all or any portion of a development shall be deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the Fire Chief. Section 105.4.1.1 is added to read as follows: Section 105.4.1.1. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the Building Official listing deficiencies or compliance with the Code." (b) Appendix Chapter 1, Section 105.8, IFC added -- Fees. Section 105.8, IFC is added to this code an d shall read as follows: Section 105.8. Fees and Special Requirements a. The fees for the permits and other services shall be as established by resolution of the Burlingame City Council as amended fr om time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid to the City of Burlingame prior to engaging in the listed activities, operations or functions. EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the City of Burlingame under written contract to the City or for events sponsored or co-sponsored by the City. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permitable items will be charged at a rate of 50% of the listed fee as long as the permits are for the same address. c. Where processes or materials are inherent with a permitable item, subsequent fees may be waived at the discretion of fire chief. d. All fire permits and fire construction permits shall have a set number of inspections per permit as set forth by the Burlingame Fee Schedule. Additional inspections and additional re -inspections will be billed at an hourly rate consistent with the Burlingame Fee Schedule. e. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged one and one-half the regular permit rate as established by the Burlingame Fee Schedule. f "After Hours" inspections shall be invoiced at a rate of one and one-half time the normal hourly rate. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as follows: Inspections conducted outside of normal business hours for the Fire Prevention Division. g. Any person, group, organization, institution or business failing to pay the applicable fees under this Article shall after 30 days of the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee." (c) Appendix A, IFC is modified -- Board of Appeals. Section A101.29 IFC is deleted in its entirety and replaced with the following: Section A101.2. The Board of Appeals is identified as the Central County Fire Department Joint Powers Authority Fire Board, Section A101.3, IFC is deleted in its entirety and replaced with the following: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section A101.3. Applications for appeal specific to "Request for alternate means of protection" within state regulated occupancies shall utilize the process identified in Section 111.2.5 in Chapter 1 of this Code. Section A101.5, IFC is modified as follows: Section A101.5. Secretary of board. The Central County Fire Department Joint Powers Authority Board Secretary shall act as secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member, the absence of a member and any failure of a member to vote. (d) Section 302, IFC - Definitions. Section 302, IFC is amended by adding the following definition: Fireworks. Any composition or device for the purpose ofproducing a visible or audible effect for entertainment purposes by combustion, deflagration, detonation or any fireworks including "safe and sane" as defined by section 12529 of the State of California Health and Safety Code. (e) Sections 315, IFC - Miscellaneous Combustible Materials Storage. Section 315.1, IFC is amended by adding the following exception to read as follows: Section 315.1 General. Storage, use and han dling of miscellaneous combustible materials shall be in accordance with this section. A permit shall be obtained in accordan ce with Section 105.6. Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 Occupancy, unless the method of storage is approved by the Fire Code Official. (f) Section 316, IFC - Fireworks Sections 316 through 316.2, IFC are added to read as follows: Sections 316 -Fireworks Displays Section 316.1 General. The manufacture, storage, sale, possession, handle or use of all fireworks as defined in Section 302 is prohibited. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 316.2 Seizure. The Chief shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this code. (g) Section 503.3, IFC - Marking. Section 503.3, IFC is amended by adding secfion 503.3.1 to read as follows: Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means: 1. By a white sign measuring at least 12 inches by 18 (12" x 18") inches posted immediately adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch (1 ") in height, that the space is a fire lane and parking is prohibited. 2. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane - No Parking." 3. By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are stenciled every 15 feet. a. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width. b. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty eight (28) and up to thirt y-six (36) feet in width. c. Curbs need not be painted red nor stenciled when the fire lan e is more than thirty-six (36) feet in width. (h) Sections 505.1 through 505.1.2, IFC -Premises identification. Section 505.1 is deleted in its entirety and replaced to read as follows: Section 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 new construction. Numbers shall be as follows: 1. Minimum of one- half-inch ('/z") stroke by two and one-half inches (2-1/2?) high. 2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one -half-inch (%z') stroke by six inches (6?) high is required. 3. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one -half-inch ('/2") strike by nine inches (9?) high is required. Sections 505.1.1 and 505.1.2, IFC are added to read as follows: Section 505.1.1 Multi -Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one -quarter -inch (1/4") stroke by two inches (2") high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5'6") above the finished floor and shall be either internally or externally illuminated in all new construction. Section 505.1.2 Rear Addressing. When required by the chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall comply with 505.1. Sections 506.1 through 506.2.1, IFC -Key Boxes. Section 506.1 is deleted in its entirety and replaced to read as follows: Section 506.1 Where Required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain contents as established in Section 506.1.1.1. 7 1 2 3 4 5 6', 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sections 506.1.1.1 and 506.1.1.2, IFC are added to read as follows: Section 506.1.1.1 Key box contents requirements. The key provided shall be a master key to all spaces including multi -tenant spaces. Additional keys shall be included for elevator control, fire alarm control panels, and fire sprinkler control valve access. In addition, when required by the Chief, a current copy of the Hazardous Materials Inventory Statement (HMIS) shall be kept within the key box. EXCEPTION: Multi -tenant spaces which provide a key box for each tenant and installed per Section 506.1. Electronic card keys and codes may not be utilized as a substitute for manual keys. EXCEPTION: When electronic locks release upon loss of electrical power a manual key need not be provided. Section 506.1.1.2 Installation Location. When key boxes are required by the Chief, such boxes shall be mounted at 72 inches above finished floor within five feet of the latching side of the main entrance to a structure or facility. h1 addition, a decal shall be provided and installed adjacent to the key lock/latching device. Section 506.2.1, IFC is added to read as follows: Section 506.2.1 Hazardous Materi als Inventory Statements (HMIS). The operator of the building shall update and maintain HMIS as required by the Fire Code Official. (i) Sections 510, IFC -Fire Depart ment Access to Equipment Section 510.1.1, IFC is added to read as follows: Section 510.1.1. Utility Identifi cation. In multi -unit commercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legible marked to identify the unit or space that it serves. (j) Sections 511, IFC - Communications. Sections 511 and 511.1, IFC are added to read as follows: Section 511 -Communications C� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 511.1 Requirements. All existing high-rise buildings shall provide a location on the building for installation of a repeater/receiver antenna and supporting equipment for City communications whenever a permit is secured to replace, modify, or upgrade any of the building's basic infrastructure utilities. An electrical supply source shall be provided by building owner or operator at the antenna/equipment location, and reasonable access shall be provided by the building owner or operator to City staff and/or city contractors for installation of necessary telephone lines and for purposes of installation, maintenance, adjustment and repair of the antenna/equipment. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition in a form approved by the City Attorney. (k) Sections 603, CFC - Fuel -Fired Appliances Section 603.6.6, CFC is added to read as follows: Section 603.6.6 Spark arrestors. Every chimney shall have a spark arrestor, either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building department. All chimneys as described in section 603.6 shall be retroactively protected when one or more of the following conditions exist: 1. Upon the sale or transfer of the real property on which any chimney is located. a. The transfer of title shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order, and until an inspection report has been filed with the Fire Code Official certifying that the work and/or inspection has been performed. 2. In the event of any construction on such property for which a building permit is required. a. The final building permit sign off shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order, and until an inspection report has been filed with the Fire Code Official certifying that the work and/or inspection has been L'! 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 performed. (I) Section 607, CFC - Elevators Section 607. 4, CFC is added to read as follows: Section 607.4. Shunt trip. Where elevator hoistways or elevator machine rooms containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with NFPA 72, Section 3-9.4, Elevator Shutdown, shall be provided to disconnect automatically the main line power supply to the affected elevator prior to the application of water. This means shall not be self -resetting. The activation of sprinklers outside the hoistway or machine room shall not disconnect the main line power supply. The shunt trip shall not be required when the provisions of Section 903.3.1.1.1, Item #5 have been complied with. (m) Section 903.1.2, CFC added - Existing Building and Structures. Section 903.1.2 is amended to read as follows: Section 903.1.2, CFC Existing Buildings and Structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when buildings with a total building floor area in excess of 2,000 square feet, or more than two stories in height when additions or alterations for which a building permit is required will exceed 1,200 square feet in area. Exceptions: 1. Additions or alterations for which the value of a building permit for construction does not exceed 20% of the building's replacement cost as defined by the Building Valuation Data (BVD) " in the most recent edition of the Building Safety Journal ® as published by the International Code Council (ICC). 2. Residential one- and two-family dwellings. 3. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; building roof repair/replacement; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. (n) Section 903.1.3, CFC The following provisions apply to all sprinklered buildings: Section 903.1.3, CFC is added to read as follows: Section 903.1.3 1. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless either of the following two circumstances apply: a. Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period and said additions or alterations are made to the premises of the same occupant. In such circumstances, the sum of the size or costs of these additions or alterations during this two (2) year period shall be aggregated for the purpose of calculating the size or replacement cost value formula; or b. Where more than one (1) addition or alteration for which building permits have been issued have not yet received final Building Division approval. In such circumstances, the sum of these issued but not yet finalized building additions' or alterations' sizes or construction costs shall be aggregated for the purpose of calculation of the size or replacement cost value formula. 2. When a building is part ially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less. (o) Section 903.1.4, CFC - Additions and Alterations. � Section 903.1.4, CFC is added to read as follows: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 903.1.4 Additions and Alterations. The standard for determining the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be determined by the following: 1. The square footage of every room being added or altered shall be included in the calculation of total square footage of addition or alteration. 2. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of interior wall sheeting or ceiling of any one wall within the room is new, removed, or replaced. 3. The entire square footage of an individual room shall be considered added or altered when at least fifty percent (50%) or greater of the linear length of concrete, brick or masonry walls of any one wall within the room is new, removed, or replaced. (p) Section 903.2.7, CFC amended -Sprinklers Group R Occupancies Section 903.2.7 Exception 44 1 is deleted in its entirety: 1. Detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than tree stories above grade plan e in height with a separate means of egress, unless specifically required by other sections of this code or classified as Group R-4. (q) Section 903.2.7.1, CFC added -Existing Group R Occupancies. Section 903.2.7.1, CFC is added to read as follows: Section 903.2.7.1 Existing Group R Occupancies. All existing residential one- and two-family dwellings and structures shall be retroactively protected by an approved automatic extinguishing system when buildings with a total building floor area in excess of 2,000 square feet, or more than two stories in height, or when additions or alterations for which a building permit is required will exceed 750 square feet in area. Exceptions: 1. Additions or alterations for which the value of a building permit for 12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 construction does not exceed 20% of the building's replacement cost as defined by the Building Valuation Data (BVD) " in the most recent edition of the Building Safety Journal ® as published by the International Code Council (ICC). 2. The cost of additions and alterations used in calculating the replacement cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler extinguishing system pursuant to this section; building roof repair/replacement; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. The following provisions shall apply to all sprinklered residential buildings: a. In the event that a building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit. b. The size or cost of additions and alterations used in calculating the replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless either of the following two circumstances apply: i. Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period and said additions or alterations are made to the premises of the same occupant. In such circumstances, the sum of the sizes or costs of these additions or alterations during this two (2) year period shall be aggregated for the purpose of calculating the size or replacement cost value formula; or ii. Where more than one (1) addition or alteration for which building permits have been issued have not yet received final Building Division approval. 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In such circumstances, the sum of these issued but not yet finalized building additionsor alterations' sizes or construction costs' shall be aggregated for the purpose of calculation of the size or replacement cost value formula. (r) Section 903.3.1.1.1, CFC amended -Exempt Locations. Section 903.3.1.1.1, CFC is amended by adding the following exception: Section 903.3.1.1.1 Exempt Locations. 5. At the top of elevator hoistways and elevator machine rooms enclosed by fire barriers as required by the building code. (s) Section 903.3.1.4, CFC added - Inspector's Test. Section 903.3.1.4, CFC is added to read as follows: Section 903.3.1.4 Inspectors Test Valves. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser. (t) Section 903.3.1.5, CFC added - Additional Residential Sprinkler Locations. Section 903.3.1.5, CFC is added to read as follows: Section 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following: 1. Sprinklers shall be required in all restrooms, bathrooms, powder rooms, and toilet rooms regardless of their size. 2. Sprinklers shall be required throughout carports and garages. Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings complying with Section 503.1.2 of the building code and assuming a property line between all other structures. 3. Sprinkler coverage shall be provided in the following locations: a. Attics adjacent to storage, mechanical equipment, electrical equipment and attic access openings. b. Attics and crawl spaces containing mechanical and/or electrical equipment. 14 2 3 4' 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (u) Sections 2703.6, IFC - Signs Sections 2703.6.1, IFC is added to read as follows: 2703.6.1 Requirements. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel. 1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows. 2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6"x 6"). 3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary. 17.04.030 Deposits of hazardous materials --Cleanup or abatement --Liability for costs. (a) The fire department is authorized to clean up or abate the effects of any hazardous material deposited upon or into property or facilities of the city; and any person or persons who intentionally or negligently caused such deposit shall be liable for the payment of all costs incurred by the fire department as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law. (b) For the purposes of this section, "hazardous materials" shall be defined as any substances or materials, in a quantity or form which, in the determination of the fire chief or his authorized representative, poses an unreasonable and imminent risk to life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases; poisons, etiologic (biologic) agents, flammables and corrosives. (c) For purposes of this section, costs incurred by the fire department shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and 15 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 materials. ((1) The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire deparhnent. 17.04.040 Appeal and review. (a) The chief of the fire department shall be charged with the duty and responsibility of administering the provisions of this chapter. (b) Whenever it is provided herein that certain things shall be done in accordance with the order, opinion or approval of the chief of the fire department, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal, except as otherwise provided in this chapter, to the city manager in writing within ten (10) days after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within forty-eight hours thereafter; provided further that, if dissatisfied with the city manager's ruling thereon, that person may appeal to the city council at its next regular meeting thereafter, and the decision of the council shall be final and conclusive. In the meantime, except in the cases of immediate hazard, the order, opinion or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided. Section 5. This ordinance shall be published as required by law, and shall be effective on January 1, 2008, or when the ordinance is fi whichever occurs later.. led with the Building Standards Commission, Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting 01 the City Council held on the 15"' day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of October, 2007, and adopted thereafter at a regular meeting of the City Council held on the 5' day of November, 2007, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 17 9 City Clerk