HomeMy WebLinkAboutOrd 17231
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ORDINANCE NO. 1723
ORDINANCE OF THE CITY OF BURLINGAME DELETING THE REQUIREMENT
THAT A CERTIFICATION BE FILED REGARDING BACKWATER PROTECTION
ON SANITARY SEWER DRAINAGE SYSTEMS BEFORE TRANSFER OF
PROPERTY
The City Council of the City of Burlingame ordains as follows:
Section 1. Ordinance No. 1710 affirmed the obligation of all real property owners in the
City to ensure that adequate backwater protection is provided and maintained on their properties
whenever an inadequate height differential exists between drainage fixtures on the property and the
next upstream manhole on the sanitary sewer main serving the property. That ordinance provided
a means by which sellers of real property and their representatives could provide a reasonable
assurance to purchasers of the property that those differentials and protections were being met.
However, realty professionals in the community believe that the process provided would unduly
interfere in sales of real property and would not be an effective way to accomplish the City's goals
in nummizing property damage caused by sewage back-ups. Instead, the realty professionals have
asked that the requirement be removed to allow sellers and their representatives to address any
disclosure, investigation, or correction needs on their own. This amendment does not in any way
affect the ongoing obligation of property owners to provide and maintain backwater protection.
Section 2. Section 15.10.029 is amended to read as follows:
Section 15.10.029 Installation of Backwater Protection.
(a) Defznitions.
(1) "Backwater protection" means a backwater valve, ejector or pump system, or relief
valve or a combination of two or more of these devices that is approved by the building official and
intended to prevent sewage from backflowing' into a structure.
(2) "Drainage unit fixture" means a drainage unit fixture listed in table 7-3 of the 1998
California Plumbing Code.
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(3) "Inadequate height differential" means that the flood level rim of a drainage unit fixture
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on a property's sanitary sewage drainage system is less than one foot above the next upstream
manhole or flushing inlet cover on the sanitary sewer main serving the fixture's drainage piping.
(4) "Licensed professional" means a person authorized under California law to render an
applicable certification to the property owner and the city regarding a specific question under this
sectionI
(b) Ongoing responsibility. In addition to installing backwater protection when required
pursuant to title 18, a property owner shall ensure that backwater protection is installed and fully
operable in the building sewer or sewers serving the property owner's real property whenever an
inadequate height differenfial situation exists on the property.
(c) Addition of drainage unit fixture. Whenever any drainage fixture unit is to be added
to real property, the property owner shall obtain and file with the building official at the time of
application for a building permit for the fixture unit a written certification by a licensed
professional determining whether an inadequate height differential situation exists on the real
property. If such a situation exists, the property owner shall provide the backwater protection
described in section 18.12.080 or permanently remove the drainage unit fixture or fixtures that have
an inadequate height differential before completion of installation of the additional drainage unit
fixture.
(d) Proof of previous installation. Instead of providing certification pursuant to
subsections (c) as applicable, a property owner may file a cert
ification from a licensed professional
demonstrating that backwater protection as approved by the building official has been installed on
the property's sewage drainage system and is fully operable. This certification is subject to
inspection confirmation by the city.
(e) Maintenance. Property owners are responsible for ensuring that backwater protection
is properly maintained an
d functioning at all times. Backwater protection is subject to inspection
by the city at any reasonable time, and failure to properly install an
result in suspension of sewer service.
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d maintain this protection may
(f) Compliance with titles IS and 18. Any installation of backwater protection or
modification to an
y sewer shall be performed and inspected under the requirements of titles 15 and
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18 of this code and established city procedures.
Section 3. This ordinance shall be published as required by law.
PMU
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 2nd day
of September, 2003, and adopted thereafter at a regular meeting of the City Council held on the
16t' day of September, 2003, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, UMAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:\Ordinances\ord1�23.ord.wpd
8/I4/2003
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