HomeMy WebLinkAboutOrd 2009ii
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ORDINANCE NO. 2009
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE
BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022
CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2021 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 this dry period can often extend into late October or early November. During this
period, average temperatures range between 70° F and 90° F, and strong winds come down the
foothills. These conditions eliminate most of the moisture in the natural vegetation and heavily
wooded hillsides. Recent experience with statewide incidents proves that hazardous conditions
exist year-round. 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
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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 to 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 challenging access caused by the steepness of the terrain. Access by fire suppression
equipment is extremely limited by both topography and access. It is only through strong
building standards and effective fire prevention and containment programs that citizens will
receive the protection they deserve, 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 both point and non -point
discharges. Section 17.04.105 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.
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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.
17.04.025 Administrative, Operational and Maintenance Provisions
17.04.030 Occupancy Prohibited Before Approval & Examination of Documents
17.04.031 Examination of Documents
17.04.035 Permits and Fees
17.04.036 Investigation and Fees
17.04.040 Board of Appeals
17.04.045 (RESERVED)
17.04.050 General Storage
17.04.055 Marking — Fire Lanes
17.04.060 Premises Identification
17.04.065 Key Boxes
17.04.070 Fire Protection Water Supplies
17.04.075 Fire Command Center
17.04.080 RESERVED
17.04.085 Shunt Trip - Prohibited
17.04.090 Additions and Alterations — Fire Sprinkler Systems
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17.04.091 Provisions for all Sprinklered Buildings
17.04.092 Where Required
17.04.093 Existing Buildings and Structures
17.04.094 Inspectors Test
17.04.095 Additional Residential Sprinkler Locations
17.04.096 Monitoring
17.04.097 Location of Class I Standpipe Hose Connections
17.04.098 Acceptance Test and Certification
17.04.100 Hazard Identification Signs
17.04.101 On -Demand Mobile Fueling Operations
17.04.105 Deposits of hazardous materials and unlawful burning — Cleanup or
abatement — Liability for costs.
17.04.010 Adoption of text of the California Fire Code, International Fire Code, and Public
Resources Code, Division 4, Section 4291.
There is adopted by the City for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, explosion, or wildfire that certain codes
which contains building standards known as the 2022Califomia Fire Code (International Fire
Code, 2021 Edition as amended by the State of California), and the non -building standards
known as the International Fire Code, 2021 Edition, together with all appendices, except
Appendices A, D, and J, P, and the State of California amendments thereto, and the Public
Resources Code, Division 4, Section 4291.
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17.04.020 Amendments to the California Fire Code and International Fire Code
The California Fire Code and the International Fire Code are amended or modified
as follows:
17.04.025 Chapter 1, Division II, Section 102.2, IFC is amended — Administrative,
operational and maintenance provisions.
Section 102.2 is amended to delete item #2 of this section.
17.04.030 Chapter 1, Division II, Section 105.3.3, IFC is amended — Occupancy prohibited
before approval and Examination of Documents
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.
17.04.031 Chapter 1, Section 106.2, CFC is amended as follows:
Section 106.2, CFC is deleted in its entirety and replaced with the following:
Section 106.2. Examination of documents. 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
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compliance with the Code.
17.04.035 Chapter 1, Sections 107.1 and 107.2 , CFC are amended as follows:
Section 107.1.2, CFC is added to this code and shall read as follows:
Section 107.1.2. Permits and Fees
a. The fees for the permits and other services shall be as established by resolution of
the Central County Fire Department Fire Board as amended from 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 applied to the
appropriate agency, City of Burlingame or Central County Fire Department,
depending on the type of service.
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.
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
permittable 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 permittable item, subsequent fees
may be waived at the discretion of fire chief.
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d. All fire permits and fire construction permits shall have a set number of
inspections per permit as set forth by the Central County Fire Department Fee
Schedule. Additional inspections and additional re -inspections will be billed at an
hourly rate consistent with the Central County Fire Department Fee Schedule.
e. Application for "event" type fire code permits shall be submitted 14 days prior to
the event date. Applications submitted within 13 days prior to the event date shall
be charged double the regular permit rate as established by the Central County
Fire Department Fee Schedule.
f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the
normal hourly rate of the inspecting fire personnel. "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, as
defined on the Central County Fire Department website and based upon personnel
availability.
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.
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17.04.036 Section 107.4 CFC is deleted in its entirety and replaced with the following:
Section 107.4. Investigation and Fee.
Section 107.4. Investigation — Work without a permit
Investigation. Whenever construction or work for which a permit is required by
this code and has been commenced without first obtaining a permit, a special investigation shall
be made before a permit may be issued for the work. All work done without a required permit,
including demolition of all or part of a structure or system shall be subject to the investigation
and fees imposed by this section.
Section 107.4.1 is added to this code and shall read as follows:
Section 107.4.1. Fee — Work without a permit
In the event work is done without an issued permit, an investigation fee, in
addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or
subsequently issued. The investigation fee shall be up to 10 times the fire permit fee. The
investigation fee shall be determined by the Fire Chief and shall be based on the staff time
reasonably required to resolve all of the issues related to the work that has been performed
without a permit. No construction work permit shall be issued until the investigation fee has been
paid in full.
Nothing in this section shall relieve any persons from fully complying with the
requirements of this code, in the execution of the work, or from any other fees or penalties
prescribed by law.
17.04.040 Chapter 1, Section 111, CFC is amended
Board of Appeals.
Section 111, CFC is deleted in its entirety and replaced with the following:
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Section 111. 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 actions shall be done in accordance
with an order of the fire department, such order shall be complied with. Any person aggrieved
thereby, may appeal to the fire chief in writing within ten (10) days after the date of such order,
except as otherwise provided in this chapter. The fire chief shall issue a written decision to
affirm, modify or reverse the order within two (2) business days of the receipt of the appeal. The
fire chief's written decision may be appealed to the City Council no later than ten (10) days from
the date of the fire chief's written decision. The City Council's decision shall be final and
conclusive. Except in the cases of immediate hazard, the enforcement of the order shall be
suspended until such person has exhausted the appeal process as described above.
17.04.045 RESERVED
17.04.050 Sections 315, CFC- General Storage.
Section 315.2, CFC is amended and Section 315.3.5 is added to read as follows:
Section 315.2 Permit required. A permit for miscellaneous combustible materials shall be
required as set forth in Section 105.5.
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 or Group R, Division 2 Occupancy, unless the method of storage is approved by the
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Fire Code Official.
Section 315.3.5, CFC is added to read as follows:
Section 315.3.5. Designation of storage heights. Where required by the fire code official,
a visual method of indicating the maximum allowable storage height shall be provided in
accordance with Section 315.3.5.1, CFC.
Section 315.3.5.1, CFC added to read as follows:
Section 315.3.5.1. The approved visual method of indicating maximum allowable storage
shall be a four (4") inch wide line in contrasting color along a wall or storage rack.
17.04.055 Section 503.3, IFC - Marking.
Section 503.3, IFC is amended by adding section 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 outlining and hash marking the area in contrasting colors clearly marking it
with the words "Fire Lane - No Parking."
2. 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 thirty-six (36) feet in width.
C. Curbs need not be painted red nor stenciled when the fire lane is more than
thirty-six (36) feet in width.
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3. In areas where a red curb is not practical, and when approved by the fire official,
white signs measuring 12 inches by 18 inches with red lettering not less than 1" in
height stating the area is a fire lane and parking is prohibited, may be posted adjacent to
the fire lanes.
17.04.060 Sections 505.1 through 505.1.3, CFC - Premises identification.
Section 505. 1.1 is added to read as follows:
Section 505.1.1 Size of numbers shall be as follows:
1. When the structure is thirty-six (36) to fifty (50) feet from the street or fire
apparatus access, a minimum of one -half-inch (%2") stroke by six inches (6") high
is required.
2. When the structure is more than fifty (50) feet from the street or fire apparatus
access, a minimum of one -inch (1") stroke by nine inches (9") high is required.
Sections 505.1.2, 505.1.3, and 505.1.4 CFC are added to read as follows:
Section 505.1.2 Multi -Tenant Buildings. Numbers or letters shall be designated on all
occupancies within a building. Size shall be a minimum of one-half inch (1/2") stroke by
four inches (4") 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 505.1.3 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
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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 505.1.1.
Section 505.1.4 ADU Addressing. Address for Residential Accessory Dwelling Units
shall meet City of Burlingame specifications.
17.04.065 Sections 506.1, CFC -Key Boxes.
Section 506. 1, CFC is amended and 506.1.1.1, CFC is added to read as follows:
Section 506.1 is modified to include:
Section 506.1 Where Required. The key box shall be of an approved type and shall
contain contents as established in Section 506.1.1.1. A key box shall be installed in
accordance with Fire Department standards for all new buildings. For existing buildings
equipped with key box, it shall be upgraded to current Fire Department standards at time
of Building permit issuance including modifications or alterations to front entrance of
building.
An emergency gate key switch shall be installed on all new electronic driveway or
entryway gates. The key switch shall conform to current Fire Department standards.
Section 506.1.1.1, CFC is added to read as follows:
Section 506.1.1.1 Key box contents requirements. Required keys include but are not
limited to: a master entry key, elevator control, fire alarm control panels, fire sprinkler
control valve access, and building utilities. Based on specific site conditions, the fire
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department may notify the property owner of additional required keys. Contents inside
key box shall follow approved Ere department standards. If the business/operation is
required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be
included in the key box. Electronic key cards or keyless remotes may be provided as long
as the locking system has a failsafe feature at loss of building power and doors are
operational without a key or special knowledge.
17.04.070 Section 507 — Fire Protection Water Supplies
Section 507.5.4.1 CFC is added to read as follows:
Section 507.5.4.1. Private Hydrants. Whenever any on-site fire protection equipment or
access ways have been installed as provided in this section, the following provision shall
apply:
With respect to hydrants located along private access ways where curbs exist, said
curbs shall be painted red or otherwise appropriately marked by the owner, lessee or
other person in charge of the premises, to prohibit parking for a distance of 10 feet in
either direction from such hydrant. In such cases where curbs do not exist, there shall be
appropriate markings painted on the pavement, or signs erected, or both giving notice that
parking is prohibited for a distance of 10 feet from any such hydrant. Hydrant caps shall
be color -coded in accordance with NFPA 291 (National Fire Protection Association). The
base of the hydrant shall be painted either reflective red or yellow.
17.04.075 Section 508 — Fire Command Center
Section 508.1.1.1 CFC is added to read as follows:
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Section 508.1.1.1. Requirements. Fire command center shall be equipped with an
exterior door and be located at the exterior of the building at a location approved by the
Fire Chief.
Section 508.2 CFC is added to read as follows:
Section 508.2 Fire control room. An approved fire control room shall be provided for all
new buildings or buildings undergoing substantial improvement and requiring protection
by an automatic Ere sprinkler system. The room shall only contain all main system
control valves, Ere alarm control panels ERRCS equipment, and other Ere equipment
required by the Fire Chief. Fire control rooms shall be located within the building at a
location approved by the Fire Chief and shall be provided at grade with a means to access
the room directly from the exterior. Durable signage shall be provided on the exterior
side of the access door to identify the Ere control room. Fire Control Rooms shall not be
less than 35 square feet.
Exceptions:
1. Group R, Division 3 Occupancies.
2. Occupancies with a Ere pump shall have a fire control room that is a minimum
of 200 square feet.
3. In high-rise buildings, the Ere control room shall not be less than 200 square
feet.
17.04.080 RESERVED
17.04.085 Section 604.8, CFC - Shunt Trip.
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Section 604.8 is deleted and replaced in its entirety with the following:
Section 604.8. Shunt Trip Prohibited. Where elevator hoistways and/or elevator machine
rooms containing elevator control equipment are located within buildings equipped with
automatic fire sprinklers, the following is required in lieu of a shunt trip:
1. The elevator machine room shall be constructed with the minimum fire rating as
the hoistway. For non -rated hoistways, the minimum rating shall be one hour
throughout in accordance with Section 707 of the California Building Code for
fire barriers.
2. Fire sprinklers at the top of the hoistway and inside the elevator machine room
shall not be installed.
3. Means for elevator shutdown shall not be installed.
17.04.090 Section 903.1.2, CFC - Additions and Alterations.
Section 903.1.2, CFC is added to read as follows:
Section 903.1.2 Additions and Alterations. The standard for calculating the size of
addition and/or alteration for determining the threshold for fire sprinkler systems shall be:
1. The square footage of every room being added and/or altered shall be included in
the calculation of total square footage of addition and/or alteration.
2. The entire square footage shall be considered added or altered when at least fifty
percent (50%) or greater of interior wall sheeting or ceiling of any one wall within
a room or area is new, removed, or replaced.
17.04.091 Section 903.1.3, CFC - Provisions for all sprinklered buildings.
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Section 903.1.3, CFC is added to read as follows:
Section 903.1.3, Provisions for all sprinklered buildings:
1. When a commercial or multi -family building is partially 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.
2. When a residential 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.
3. When a property owner or responsible party of a commercial or residential
building chooses option 1 or 2 from above, the property owner shall file a deed
restriction with San Mateo County Assessor's Office and obtain a performance
bond to ensure compliance with Section 17.04.091. The bond shall be in an
amount equal to or greater than the estimated cost of completion, as determined
by Central County Fire Department.
17.04.092 Section 903.2, CFC is amended — Where required.
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Section 903.2, CFC shall be deleted and replaced as follows:
Section 903.2 Where required. Approved automatic fire sprinkler systems shall be
installed in all new occupiable and/or habitable buildings and structures. In addition, approved
automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1
through 903.2.23.
Exceptions:
1. When approved by the fire chief, canopy structures used solely for vehicular parking
which have a photovoltaic system attached are not required to be equipped with a fire
sprinkler system as long as the structure meets distance requirements to other
structures and property lines.
2. Group U occupancies less than 1,200 square feet.
Section 903.2.10.3, CFC is added to read as follows:
Section 903.2.10.3 Lithium -ion batteries in vehicles. Areas which contain electric vehicle
charging stations shall have a fire sprinkler density design of a minimum Extra Hazard,
Group 2 for the coverage of charging stations and for 15' in any direction of charging
stations.
Section 903.2.10.4, CFC is added to read as follows:
Section 903.2.10.4 Additional Commercial and Multi -family Dwelling Sprinkler
Locations. Rooms or spaces which contain vehicle parking lifts or vehicle
stacking systems shall be designed as an Extra -High Hazard Classification.
Sprinkler design to include sidewall sprinkler heads designed at minimum
Ordinary Group 2 in between each level.
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Exception: Buildings classified as single-family dwellings.
17.04.093 Sections 903.2.22 and 903.2.23 CFC are added - Existing Buildings and
Structures.
Section 903.2.22 is added to read as follows:
Section 903.2.22, CFC Existing Buildings and Structures. All existing buildings and
structures shall be retroactively protected by an approved automatic extinguishing system
when the following conditions exist:
a. Commercial and multi -family residential buildings with a total building floor
area in excess of 2,000 square feet or more than two stories in height, and when additions
or alterations for which a building permit is required will exceed 1,200 square feet in
ORI
Exception:
Group U occupancies less than 1,200 square feet and separated from primary
structure by a minimum of ten (10) feet.
b. Residential one- and two-family dwellings and structures with a total building
floor area in excess of 2,000 square feet or more than two stories in height, and when
additions or alterations for which a building permit is required will exceed 750 square
feet in area.
Exceptions:
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1. Additions or alterations of commercial, multi -family residential, and one and
two-family residential buildings that do not exceed 20% of the total square
footage of the entire completed building.
2. The following scopes of work are excluded from calculations to determine area
of alteration: building roof repair/replacement; fire damage repair; 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.
Section 903.2.23, CFC is added with the following:
Section 903.2.23 Aggregate.
When more than one (1) addition and/or alteration for which building permits are
required are submitted within a two (2) year period from the closure date of the initial
permit, the sum of the square footage of these additions and/or alterations shall be
aggregated for the purpose of determining calculations in Section 17.04. 090.
17.04.094 Section 903.3.1.4, CFC amended - Inspector's Test.
Section 903.3.1.4, CFC is added to read as follows:
Section 903.3.1.4 Inspectors Test Valves. Single-family residential fire sprinkler systems
within buildings greater than 3600 square feet shall be equipped with an inspector's test
valve for each system and located the furthest point away from the sprinkler riser.
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17.04.095 Section 903.3.1.5, CFC is added - Additional 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 throughout carports and garages.
Exception: Detached carports and garages less than 2,000 square feet in area and
separated from residential buildings by a minimum of 10 feet.
2. Sprinkler coverage shall be provided in the following locations:
a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or
electrical equipment.
17.04.096 Section 903.4.1 CFC is amended — Fire Sprinkler Monitoring Systems
Section 903.4.1 CFC is amended by adding the following
903.4.1 Monitoring. For new fire sprinkler monitoring systems, the approved supervisory
station shall be defined as a UL approved central receiving station.
17.04.097 Section 905.4 CFC is amended — Location of Class I standpipe hose connections
Section 905.4 CFC, subsection 1 is deleted and replaced with the following:
1. In every required interior exit stairway, a hose connection shall be provided for each
story above and below grade plane. Hose connections shall be located at an intermediate floor
level landing between floors, when such a landing exists. See section 909.20.2.3 of the California
Building Code for additional provisions in smoke proof enclosures.
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17.04.098 Section 907.7 CFC is amended — Acceptance Tests and Certification
Section 907.7 CFC is amended to add the following:
907.7 Acceptance Test and Certification. Upon completion of the installation, the fire
alarm system and all fire alarm components shall be tested in accordance with NFPA 72.
New fire alarm systems installed in commercial and multi -family buildings shall be UL -
Certified. Certificate shall be posted next to fire alarm control panel at time of final
7 inspection.
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17.04.100 Section 5003.5, CFC is amended — Hazard Identification Signs
Section 5003.5.2, CFC is added to read as follows:
5003.5.2 Sign size and locations. 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.
17.04.101 Section 5707, CFC, On -Demand Mobile Fueling Operations
Section 5707.6.5 is deleted in its entirety and replaced with the following:
Section 5707.6.5 Adequate lighting. Adequate site lighting shall be provided for
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all mobile fueling operations which are performed in dim or dark outdoor conditions. Acceptable
means of lighting are flood or box lights which are self -standing or mountable.
17.04.105 Deposits of hazardous materials and unlawful burning-
--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. Any person who
intentionally or negligently caused such deposit shall be liable for the payment of all cleanup or
abatement costs incurred by the fire department. 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 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) Any person in violation of Section 17.04.010 and 17.04.020 which results in
fire damage to persons or property shall be charged as unlawfully burning and is liable for costs
incurred by the fire department and other responding county or state fire agencies for suppression
activities.
(d) 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
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equipment operation, cost of materials obtained directly by the city; and cost of any contract
labor and materials.
Section 5. This ordinance shall be published as required by law, and shall be
effective on January 1, 2023, or when the ordinance is filed with the Building Standards
Commission, whichever occurs later.
Ricardo Ortiz, Mayor
I, MEAGHAN HASSEL-SHEARER, 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 13th day of October, 2022, and adopted thereafter at a regular meeting of the
City Council held on the 7th day of November, 2022, by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN
KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Meaghan Hassel -Shearer, City Clerk