HomeMy WebLinkAboutOrd 18021
ORDINANCE NO. 1802
2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 18.07 TO
SPECIFY REQUIREMENTS FOR EXTENSIONS TO PERMIT AND AMENDING
3 CHAPTER 8.17 TO REQUIRE CONSTRUCTION SITE MAINTENANCE
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5 THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS
6 FOLLOWS:
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8 Section 1. Current provisions of the Municipal Code do not provide clear timelines for
9 completion of building construction, and projects can drag on for years without significant incentives
10 or penalties for a failure to complete the construction. This adversely affects neighborhoods and
11 makes the ultimate construction outdated with regard to health and safety codes. This ordinance will
12 set timelines and incentives to complete construction in a reasonable fashion. It also establishes a
13 basic community standard for maintaining a construction site.
14
15 Section 2. Section 18.07.070 is amended to read as follows:
16 18.07.070 Section 303.4 amended—Permit expiration—Failure to complete.
17 Section 303.4 is amended to read as follows:
18 303.4 Expiration. All work to be performed under a building permit shall be completed
19 within the maximum time allowed for the construction as follows:
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24
25
26
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Total Estimated Cost
$10,000 or less...........................................................
Over $10,000 to and including $50,000 .....................
Over $50,000 to and including $1,000,000 ................
Over $1,000,000 to and including $2,000,000..460040640
Over $2,000,000 to and including $10,000,000 ........
Over $10,000,000......................................................
Total Ti
me Allowed
6 months
12 months
18 months
24 months
30 months
36 months
Failure to complete the work within the time allowed, unless an extension of time has been
specifically approved by the building official will cause the permit for such work to become null and
3/5/2007
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1 void. A new permit requiring compliance with all current codes and payment of all fees shall be
2 required to recommence work. The request for an extension of time must be submitted in writing
3 prior to the expiration of the time allowed.
4 The time limit allowed to complete the work and obtain a building final for any permit that
5 has been extended shall be one year from the date of the extension. Failure to complete the work
6 within the time allowed by a first permit extension will cause the permit for such work to become
7 null and void, unless a second extension has been specifically approved by the building official. A
8 new permit requiring compliance with all current codes and payment of all fees shall be required to
9 reconunence work. Prior to expiration of a first extension of a building permit, an owner may apply
10 for a second extension. The request for a second extension of time must be submitted in writing
11 prior to the expiration of the time allowed under the first extension.
12 Every permit extension issued by the Building Official under the provisions of the technical
13 codes shall expire by limitation and become null and void, if the building or work authorized by such
14 permit extension is not recommenced within 120 days from the date of such permit extension, or if
15 the building or work authorized by such permit extension is suspended or abandoned at any time
16 after the work is recommenced for a period of 120 days. The building or work shall be considered
17 suspended or abandoned if a substantial inspection has not been conducted. The following are
18 considered substantial inspections when all corrections have been performed and that poi -tion of the
19 work has been signed off by a city inspector:
20 1. Foundation;
21 2. Underground plumbing, electrical, and mechanical;
22 3. Underfloor framing, plumbing, electrical, and mechanical;
23 4. Shear walls, hold downs, roof diaphragm,
and connectors;
24 5. Rough framing, plumbing, electrical, and mechanical;
25 6. Insulation;
26 7. Sheetrock; and
27 8. Final
28 After suspension or abandomnent and before such work can be recommenced, a new permit
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1 shall be first obtained and the fee therefore shall be the amount required for the original permit.
2 The expiration of a building permit without an extension pursuant to this section or at the end
3 of the second extension shall result in the expiration of any approvals under Chapter 25 (Zoning) of
4 the Burlingame Municipal Code and the California Fire Code, including local amendments.
5 The fees for the first extension shall be the amount required for the original permit. If no
6 changes in plans or specifications have been made, no additional plan checking fees will be required.
7 The fee for the second extension shall be two (2) times the original building permit fee.
8 There shall be no extensions of a building permit after the second extension.
9 Notwithstanding any other provision of this section, if a building permit was issued for part
10 or all of a project or building which was required to obtain a special permit, variance or traffic
11 allocation, the building permit shall expire and such special permit, variance or traffic allocation
12 shall be null and void if substantial progress has not occurred within one year from the issuance of
13 the building permit. Substantial progress shall be when the total foundation has been formed,
14 inspected and poured. The Council may grant an extension of a permit upon the showing by the
15 permittee ph A h0
p or unforeseen circumstances.
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17 Section 3. Anew Section 18.07.075 is added to read as follows:
18 18.07.075 Short time extension to a building permit.
19 (a) The building official shall have the authority to issue a single short time extension of a
20 building permit if all of the following conditions are met:
21 (1) No other extensions for the project have been previously granted; and
22 (2) The request for a short time extension is received in writing; and
23 (3) The person requesting a short
time extension must present the original or a copy of the
24 original construction plans that were approved by the city; and
25 (4) There is a record showing that the project has passed all required inspections, except for
26 the final inspection; and
27 (5) A fee generally equal to two hourly inspections as set by city council resolution is paid at
28 the time the short
time extension is issued.
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1 (b) The short time extension shall expire thirty (30) days after issuance. Failure to complete
2 the work within the time allowed by the short time extension will cause the permit for such work to
3 become null and void. A new permit requiring compliance with all current codes and payment of all
4 fees shall be required to recommence work.
5
6 Section 4. Anew Section 8.17.015 is added to read as follows:
7 8.17.025 Construction site maintenance.
8 Any property owner or person in charge of a construction site shall furnish covered litter
9 containers for construction litter, including construction debris. All waste matter or litter from
10 construction and related activities shall be picked up and placed in these covered containers at the
11 end of each working day. Waste matter or litter receptacles of a sufficient number must be located on
12 the construction site to receive construction debris, personal litter, and any other waste matter
13 generated by the employees, workers, invitees, or other persons using the site.
15 Section 5. This ordinance shall be published as required by law.
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17
Mayor`
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19 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby cert
ify that the
20 foregoing ordinance was introduced at a regular meeting of the City Council held on the 21St day of
21 February, 2007, and adopted thereafter at a regular meeting of the City Council held on the 5` day of
22 March, 2007, by the following vote:
23 AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
24 NOES: COUNCILMEMBERS:NQNE
25 ABSENT: COUNCILMEMBERS:NQNE
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