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HomeMy WebLinkAboutOrd 17231 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 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. 8/14/2003 (3) "Inadequate height differential" means that the flood level rim of a drainage unit fixture 1 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 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. 8/14/2003 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 211 22 23 24 25 26 27 28 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 3