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HomeMy WebLinkAboutOrd 2010DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 ORDINANCE NO. 2010 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR -T24), STATE HOUSING LAW, THE CALIFORNIA CODE OF REGULATIONS, TITLE 25, DIVISION 1, CHAPTER 1, SUBCHAPTER 1, SECTION 32 (CCR, T-25),2021 INTERNATIONAL SWIMMING POOL AND SPA CODE, 1997 UNIFORM ADMINISTRATIVE CODE, 1997 UNIFORM HOUSING CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND AMENDMENTS AND MODIFICATIONS THERETO WHEREAS, the City of Burlingame's Building Regulations are codified in Title 18 of the Burlingame Municipal Code and were last updated in 2019; and WHEREAS, it is the desire and intent of the City Council of the City of Burlingame to provide the public with the greatest degree of fire, life, health and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and WHEREAS, On December 14, 2021 the Building Standards Commission voted to adopt the most up-to-date edition of the model codes as amended by those various state agencies; and WHEREAS, on July 1, 2022 the California Building Codes were published; and DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 WHEREAS, all local jurisdictions are required by State law to adopt and to enforce the most recent codes reviewed and approved by the California Building Standards Commission; and WHEREAS, the new codes will become effective on January 1, 2023; and WHEREAS, California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922 when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions, and where such amendments establish requirements more stringent than those provided in the state code; and WHEREAS, amendments are necessary because of the climatic, geographical or topographical conditions unique to the City of Burlingame; and WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; and WHEREAS, the City Council determines that the proposed ordinance establishes 2 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 requirements equal to or greater than those set forth in 2022 editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR -T24), State Housing Law, the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section 32 (CCR, T-25), 2021 International Swimming Pool and Spa Code, 1997 Uniform Administrative Code, 1997 Uniform Housing Code, and 1997 Uniform Code for the Abatement of Dangerous Buildings; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. PURPOSE AND INTENT The purpose and intent of this Ordinance is to adopt the 2022 California Building Standards Code by repealing and replacing Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.12, 18.13, 18.16, 18.22, and 18.30 of Title 18 of the Burlingame Municipal Code. SECTION TWO. REQUIRED FINDINGS Pursuant to Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, a local jurisdiction may adopt amendments to the State Building Code when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. In adopting amendments to the State Building Code, the City Council finds that such local conditions exist in the City of Burlingame as follows: DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 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. Strong winds come down the foothills during both the driest and the wettest parts of the year. 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, much of it on fill. The United States Geologic Survey, the California Division of Mines and Geology, and the Association of Bay Area Governments have extensively mapped the area for such earthquake probabilities. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Much of the City has a high water table. 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 to or over the City. The City is also located in a national climate zone that is designated "Very High" on the Termite Infestation Probability Map. The City has worked with other jurisdictions on the San Francisco Peninsula to establish consistent standards to minimize the impact that varying standards might have on development and redevelopment of both residential and commercial buildings. It is only 4 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 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 building standards in Title 18 have been and are adopted. 2. In addition, in order to provide appropriate, clear information to applicants for construction approvals, Section 18.07.050 is adopted to conform Title 18 to Zoning Code requirements established in the Municipal Code. It is the intent of the City Council to adopt by reference the 2022 editions of the California Building Standards Codes in its entirety except as specifically amended by this ordinance. 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. Sections 18.07.060, 18.08.010, 18.12.080, 18.12.090, 18.12.100, 18.12.110, 18.12.115, 18.12.120, and 18.12.125 are intended to assist the City in meeting its responsibilities regarding those laws as well as protecting the public safety and welfare. 4. The City also operates its own water supply system for its citizens. Sections 18.07.060, 18.12.050, 18.12.060, 18.12.070, and 18.12. 100 are intended to provide consistent policy regarding water service installations and to protect the public's water supply. DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 SECTION THREE. REPEALING AND REPLACING CHAPTER 18.05 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.05 is added and amended to read as follows: Chapter 18.05 International Swimming Pool and Spa Code Sections: 18.05.010 Adoption of the 2021 International Swimming Pool and Spa Code 18.05.020 Section 302.1 amended — Electrical 18.05.030 Section 302.2 amended — Water service and drainage 18.05.040 Section 303 amended - Energy 18.05.010 Adoption of the 2021 International Swimming Pool and Spa Code The rules, regulations and requirements published by the International Code Council (ICC) under the title "2021 "International Swimming Pool and Spa Code, are adopted as and for the rules, regulations and standards for swimming pools and spas within this city as to all matters therein contained with the following amendments: 18.05.020 Section 302.1 amended — Electrical Section 302.1 of the International Swimming Pool and Spa Code is amended to read as follows: 302.1 Electrical. Electrical requirements for aquatic facilities, pools, and spas shall be in accordance with the 2022 California Electrical Code. 6 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Exception: Internal wiring for portable residential spas and portable residential exercise spas. 18.05.030 Section 302.2 amended — Water service and drainage. Section 302.2 of the International Swimming Pool and Spa Code is amended to read as follows: 302.2 Water service and drainage. Piping and fittings used for water service, makeup and drainage piping for pools and spas shall comply with the 2022 California Plumbing Code. Fittings shall be listed and approved by the International Association of Plumbing and Mechanical Official (IAPMO) or an equivalent recognized agency and be approved for installation with the piping installed. Section 302.5 of the International Swimming Pool and Spa Code is amended to read as follows: 18.05.040 Section 302.5 amended — Backflow protection. 302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the 2022 California Plumbing Code. Section 303 of the International Swimming Pool and Spa Code is amended to read as follows: 18.05.050 Section 303 amended — Energy. 303 Energy. The energy consumption of pools and permanent spas shall be controlled by the requirements in sections 303. 1.1 through 303.1.3 and comply with the 2022 California Energy Code. SECTION FOUR. REPEALING AND REPLACING CHAPTER 18.06 OF TITLE 18 7 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.06 is added incorporating the 1997 Uniform Housing Code. Chapter 18.06 UNIFORM HOUSING CODE 18.06.0 10 The 1997 Uniform Housing Code is hereby incorporated as part of the Burlingame Municipal Code. SECTION FIVE. REPEALING AND REPLACING CHAPTER 18.07 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.07 is amended by the addition of the following section: Chapter 18.07 UNIFORM ADMINISTRATIVE CODE 18.07.120 Section 108 added — Safety assessment placards Section 108 of the 1997 Uniform Administrative Code is added to read as follows: 108 Safety assessment placards. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The Section further authorizes the Chief Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Burlingame. The City Council may extend the provisions as necessary. DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Definition. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. Placards. (a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached. INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (Green) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (Yellow) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Chief Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (Red or Orange) (b) The name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. (c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Chief Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this section. 9 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 10 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 INSPECTED LAWFUL OCCUPANCY PERMITTED This structure has been inspected, as indicated below, and no apparent structural hazard has been found. ❑ Inspected Exterior Only ❑ Inspected Exterior and Interior Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re -inspection may be required. Inspector comments: Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 This page blank DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 RESTRICTED USE WARNING: This structure has been inspected and found to be damaged as described below. Damage Comments: Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re -inspection may be required. Entry, occupancy, and lawful use are restricted as follows: Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) 13 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 14 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 This page blank 15 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 UNSAFE DANGER — DO NOT ENTER OR OCCUPY! WARNING: This structure has been inspected, found to be seriously damaged, and is UNSAFE to enter or occupy as described below. Damage Comments: Date: Time: a.m./p.m. Caution: Post inspection conditions may Report any unsafe condition to the City of Burlingame increase damage and risk. Building Division at 650-558-7260. Re -inspection may be required. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Do not enter or remain in close proximity unless specifically authorized by the City of Burlingame. Inspected by: Entry may result in injury or death. Site/Building Address: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 This page blank 1'/ DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 SECTION SIX. REPEALING AND REPLACING CHAPTER 18.08 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.08 is amended in its entirety to read as follows: Chapter 18.08 BUILDING CODE Sections: 18.08.005 Adoption of 2022 California Building Code, Part 2, Volume 1. 18.08.010 Section 406.1.1 added — Car stacking system backup power 18.08.015 Section 406.6.2 added — Ventilation. 18.08.020 Section 502.1 amended — Address identification. 18.08.025 Section 502.2 added — Utility identification. 18.08. 030 Section 903.1.2 added — Additions and alterations 18.08. 035 Section 903.1.3 added — Applicable to all sprinklered buildings. 18.08. 040 Section 903.2 added — Where required. 18.08.045 Section 903.2.10.3 added — Lithium -ion batteries in vehicles 18.08. 050 Section 903.2.21 amended — Existing buildings and structures 18.08. 055 Section 903.2.23 added — Aggregate. 18.08. 060 Section 903.3.1.4 added — Inspector's test valves. 18.08. 065 Section 903.3.1.5 added — Additional residential sprinkler locations. 18.08.070 Section 903.4.1 amended — Fire Sprinkler Monitoring Systems. 18.08.075 Section 907.7 added — Acceptance and Certification 18.08.080 Section 1502.4.1 added — Roof drainage requirements. 18.08.085 Section 1502.4.2 added — Surface drainage requirements. 18.08.090 Section 1505.1 amended — Fire Classification 18.08.095 Table 1505.1 amended — Roof minimum fire retardant classes. 18.08.100 Section 1505.1.2 amended — Roof covering within all other areas. 18.08.105 Adoption of 2022 2019 California Building Code, Part 2, Volume 2. 18.08.110 Section 1807.2.1 amended — Retaining walls. 18.08.115 Section 3005.5 amended — Shunt Trip 18.08.120 Section 3202 amended — Encroachments 18.08.125 Section 3202.1 amended — Encroachments below grade 18.08.130 Section 3202.2 amended — Encroachments above grade and below 8 feet in height 18.08.135 Section 3202.3 amended — Encroachments 8 feet or more above grade 10 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.08.005 Adoption of 2022 California Building Code, Part 2. Volume 1. The rules, regulations and requirements published by the International Code Council (ICC) under the title "2021 International Building Code Volume 1" and adopted as the "2022 California Building Code Volume 1" including the State of California amendments thereto, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained with the following amendments: 18.08.010 Section 406.1.1 added — Car stacking system back up power Section 406.1.1 of the 2022 California Building Code is added to read as follows: 406. 1.1 Commercial and Multi -Family Dwelling car stacking systems shall be provided with back- up power to allow access to and egress from such systems during a power outage. The back-up power shall comply with the manufacture specifications and the 2022 California Electrical Code. 18.08.015 Section 406.6.2 added - Ventilation Section 406.6.2.1 of the 2022 California Building Code is added to read as follows: 406.6.2.1 Ventilation. A garage containing electrical charging stations shall provide a manually operated control switch that controls ventilation operations located in the command/control room for emergency operations. 18.08.020 Sections 502.1 amended — Address identification. Section 502.1 of the 2022 California Building Code is added to read as follows: 19 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 502.1. Address identification. Address numbers. 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 (1/2") 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 ") strike by nine inches (9") high is required. 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. 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 502.1. ADU Addressing. Address for Residential Accessory Dwelling Units shall meet the City of Burlingame specifications. 18.08. 025 Section 502.2 added — Utility identification. Section 502.2 of the 2022 California Building Code is added to read as follows: 502.2 Utility identification. In multi -unit commercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit 20 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 or space that they serve. 18.08. 030 Section 903.1.2 added — Additions and alterations. Section 903.1.2 of the 2022 California Building Code is added to read as follows: 903.1.2 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 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. 18.08.035 Section 903.1.3 added — Applicable to all sprinklered buildings. Section 903.1.3 of the 2022 California Building Code is added to read as follows: 903.1.3 Applicable to 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 21 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 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 with Central County Fire Department to ensure compliance with Section 18.08.040. The bond shall be equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. 18.08.040 Section 903.2 amended —Where required. Section 903.2 of the 2022 California Building Code is deleted and replaced with the following: 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 1200 square feet. 22 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.08. 045 Section 903.2.10.3 added Lithium -ion batteries in vehicles. Section 903.2.10.3 of the 2022 California Building Code is added to read as follows: 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. 18.08. 050 Section 903.2.22 added — Existing buildings and structures. Section 903.2.22 of the 2022 California Building Code is added to read as follows: 903.2.22 Existing buildings and structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist: 1. 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 area. Exception: Group U occupancies less than 1200 square feet. 2. 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: a. 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. 23 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 b. 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. 18.08. 055 Section 903.3.23 added — Aggregate. Section 903.3.23 of the 2022 California Building Code is added to read as follows: 903.3.23 Aggregate. 1. 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 18.08.050. 18.08.060 Section 903.3.1.4 added — Inspector's test valves. Section 903.3.1.4 of the 2022 California Building Code is added to read as follows: 903.3.1.4 Inspector's 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. 18.08.065 Section 903.3.1.5 and 903.3.1.6 added — Additional residential sprinkler locations. 24 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Section 903.3.1.5 of the 2022 California Building Code is added to read as follows: 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. Section 903.3.1.6, CFC is added to read as follows: 903.3.1.6 Additional Commercial and Multi -family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or stacking systems shall be designed as an Extra Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level. Exception: Buildings classified as single-family dwellings. 18.08.070 Section 903.4.1 Amended — Fire Sprinkler Monitoring System. Section 903.4.1 CBC is amended by adding the following: Section 903.4.1 Monitoring. For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station. 25 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.08.075 Section 907.7 added — Acceptance and Certification. Section 907.7 CFC is amended with 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 inspection. 18.08.80 Section 1502.4.1 added — Roof drainage requirements. Section 1502.4.1 of the 2022 California Building Code is added to read as follows: 1502.4.1 Roof drainage requirements. In all zones other than R-1, the water from the roof of any building and from any paved area which would flow by gravity over public sidewalk shall be carried by means of conductors under the sidewalk and through the curb to the gutter, or other approved location. 18.08.085 Section 1502.4.2 added — Surface drainage requirements. Section 1502.4.2 of the 2022 California Building Code is added to read as follows: 1502.4.2 Surface drainage requirements. No storm water or underground water draining from any lot, building, or paved area shall be allowed to drain to adjacent properties nor shall this water be connected to the city's sanitary sewer system. Regardless of the slope of the source property, such water shall drain to either artificial or natural storm drainage facilities by gravity or pumping. 18.08.090 Section 1505.1 amended — Fire classification. 26 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 The first paragraph of Section 1505.1 of the 2022 California Building Code is amended to read as follows: 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A or Class B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with the Table 1505.1 as amended. 18.08.095 Table 1505.1 amended — Roof minimum fire retardant classes. Table No. 1505.1 of the 2022 California Building Code is amended to read as follows: Table 1505.1 Roof minimum fire retardant classes. TABLE NO. 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION Type IA IB IIA IIB IIIA IIIB IV VA VB Roof Covering B B B B B B B B B a. Unless otherwise required in accordance with Chapter 7A. 18.08.100 Section 1505.1.2 amended — Roof covering within all other areas. Section 1505.1.2 of the 2022 California Building Code is amended to read as follows: 1505.1.2 Roof covering within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering 27 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 that is at least Class B. 18.08.105 Adoption of 2022 California Building Code, Part 2, Volume 2. The rules, regulations and requirements published by the International Code Council under the title "2021 International Building Code Volume 2" and adopted as the "2022 California Building Code Volume 2", including appendices A, F, I, J, O, and P are adopted as and for the rules, regulations and standards within this city and as to all matters therein contained except as provided in this chapter. The mandatory requirements of any adopted appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.08.110 Section 1807.2.1 amended — Retaining walls. Section 1807.2.1 of the 2022 California Building Code is amended by adding the following paragraphs at the end of the section: 1807.2.1 General. When a structure is to support a lateral load which retains fill which supports another structure, supports the toe of a slope which is over four feet in height measured from the bottom of the footing, or is required by the city engineer, it shall be designed by a licensed architect or engineer and approved by the city engineer. The following types of retaining walls shall be of concrete or other material which shall have a minimum service life of 75 years for all major support systems and 50 years for all replaceable support systems: Walls that are engineered, support a lateral load over 18" at property DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 line, support an engineered surcharge, support a structure, or support a toe of a slope. A fence structure may not be substituted for a retaining wall. 18.08.115 Section 3005.5 amended — Shunt Trip Section 3005.5 of the 2022 California Building Code is amended by adding the following: 3005.5 Shunt Trip Prohibited. Where elevator hoist ways 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 hoist way. 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 hoist way and inside the elevator machine room shall not be installed. 3. Means for elevator shutdown shall not be installed. 18.08.120 Section 3202 amended Encroachments Section 3202 of the 2022 California Building Code is deleted and replaced with the following: 18.08.125 3202.1 amended — Encroachments below grade 29 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 3201.1 Encroachments below grade. Encroachments below grade that act as temporary support to build the structure shall be allowed per the City Fee Schedule under "Special Encroachment Permits" at the time of the building permit issuance. An agreement for the encroachments shall be in place prior to the commencement of the construction work. 18.08.130 Section 3202 amended — Encroachments above grade and below 8 feet in height. Encroachments into the public right-of-way above grade and below 8 feet in height shall comply with the City Municipal Code Chapter 22.26 Awning, Canopy and Marquee signs. Doors and windows shall not open or project into the public right-of-way. 18.08.135 Section 3202.3 amended - Encroachments 8 feet or more above grade. 3202.3 Encroachments 8 feet or more above grade. Encroachments into the public right-of-way 8 feet or more above grade shall comply with the City Municipal Code Chapter 22.26 Awning, Canopy and Marquee signs. All other encroachments such as, but not limited to, windows, balconies, architectural features and mechanical equipment shall not project into the public right-of- way. SECTION SEVEN. REPEALING AND REPLACING CHAPTER 18.09 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Section 18.09.010 is amended to read as follows: Chapter 18.09 30 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Mechanical Code Section: 18.09.010 Adoption of 2022 California Mechanical Code. The rules, regulations and standards printed in one volume and published by the International Association of Plumbing and Mechanical Officials (IAPMO), under the title "2021 Uniform Mechanical Code" and adopted as the "2022 California Mechanical Code," including the appendices and State of California amendments thereto, hereinafter called "mechanical code," is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. The appendices to the mechanical code shall be enforceable to the same extent as if contained in the body of the code. SECTION EIGHT. REPEALING AND REPLACING CHAPTER 18.10 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.10 is added to read as follows: Chapter 18.10 RESIDENTIAL CODE Sections: 18.10.010 Adoption of 2022 California Residential Code. 18.10.015 Section R111.4 added — Utility identification. 18.10.020 Section R309.5 deleted — Fire sprinklers. 18.10.025 Section R313.1 amended — Townhouse automatic fire sprinkler systems. 18.10.030 Section R313.2 amended — One- and two-family dwellings automatic fire 31 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.10.095 Section R1003.9.2.1 added — Spark arrestors. 18.10.010 Adoption of 2022 California Residential Code. The rules, regulations and standards printed in one volume and published by the International Code Council under the title "2021 International Residential Code" and the "2022 California Residential Code", including appendices AH, AJ, AK, AO, AQ, AS, AX, and AZ are adopted as and for the rules, regulations and standards within this city as to matters therein contained except as provided in this chapter. The mandatory requirements of any adopted appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.10.015 Section 11111.4 added — Utility identification. Section R111.4 of the 2022 California Residential Code is added to read as follows: R111.4 Utility identification. In all residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit or 32 systems. 18.10.035 Section R313.3.1.1 amended — Required sprinkler locations. 18.10.040 Section R313.3.2.7 added — Additions and alterations. 18.10.045 Section R313.3.2.8 added — All sprinklered buildings. 18.10.050 Section R313.3.3.1 amended — Nonmetallic pipe and tubing. 18.10.055 Table R313.3.6.2 (9) deleted — Table R313.3.6.2 (9) Allowable Pipe Length for 1 -inch PEX tubing 18.10.060 Section R313.3.6.2.2 amended — Calculation procedure. Step 8 — Determine the maximum allowable pipe length 18.10.065 Section R313.3.8.1 amended — Pre -concealment inspection. #4 18.10.070 Section R313.3.8.1 amended — Pre -concealment inspection. #5 18.10.075 Section R319.1 amended — Address numbers. 18.10.080 Section R902.1 amended — Roof covering materials. 18.10.085 Section R902.1.3 amended — Roof covering in all other areas. 18.10.090 Section R903.4.2 added — Roof and surface drainage. 18.10.095 Section R1003.9.2.1 added — Spark arrestors. 18.10.010 Adoption of 2022 California Residential Code. The rules, regulations and standards printed in one volume and published by the International Code Council under the title "2021 International Residential Code" and the "2022 California Residential Code", including appendices AH, AJ, AK, AO, AQ, AS, AX, and AZ are adopted as and for the rules, regulations and standards within this city as to matters therein contained except as provided in this chapter. The mandatory requirements of any adopted appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.10.015 Section 11111.4 added — Utility identification. Section R111.4 of the 2022 California Residential Code is added to read as follows: R111.4 Utility identification. In all residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit or 32 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 space that they serve. 18.10.020 Section 8309.6 deleted — Fire sprinklers Exception. Section R309.6 Exception of the 2022 California Residential Code is deleted in its entirety. 8309.6 Fire sprinklers. The exception for fire sprinklers in garages and carports is deleted in its entirety. 18.10.025 Section R313.1 amended — Townhouse automatic fire sprinkler systems. Section R313.1 Exception of the 2022 California Residential Code is amended by replacing with the following paragraph: 8313.1. Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses. R.313.1.1 Existing Townhouse automatic lire sprinkler systems. An automatic residential fire sprinkler system is required when additions and/or alterations to existing townhouse buildings with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required exceeds 750 square feet in area or 20% of the total square footage of the entire completed building. Exception: Detached structures classified as an Accessory Dwelling Unit in accordance with Burlingame Municipal Code Chapter 25.59 when no work has occurred in the main house in a two-year period in excess of 750 square feet in area or 20% of the total square footage of the entire completed building as determined by Section R313.3.2.7. 33 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.10.030 Section 8313.2 amended — One- and two-family dwellings automatic fire systems. Section R313.2 Exception of the 2022 California Residential Code is amended by replacing with the following: 8313.2. One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings. Exception: Detached structures located in excess of 10 feet from the main house. R313.2.1 Existing One- and two-family dwellings automatic fire systems. 1. An automatic residential fire sprinkler system is required when additions and/or alterations to existing one- and two-family dwellings with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required exceeds 750 square feet in area or 20% of the total square footage of the entire completed building, whichever is greater. 2. Detached structures classified as an Accessory Dwelling Unit (ADU), shall be protected with an automatic fire sprinkler system throughout where the primary dwelling is provided with an automatic fire sprinkler system. If work occurs within either building within a two-year period, of completion of the ADU, and in excess of 750 square feet in area or 20% of the total square footage of the entire completed building, fire sprinklers shall be provided throughout both buildings. Exception: 34 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 1. Detached structures located in excess of 10 feet from the main house. 2. Additions or alterations of commercial, multi -family residential, and one- or two- family residential building that do not exceed 20 % of the total square footage of the entire completed building. 18.10.035 Section 8313.3.1.2 amended — Required sprinkler locations. Section R313.3.1.2 of the 2022 California Residential Code is amended by replacing with the following: R313.3.1.1 Required sprinkler locations. 1. Sprinklers shall be installed to protect all areas of a dwelling unit. Exceptions: a. Detached carports and garages less than 2,000 square feet in area and separated from residential buildings complying with Section R302.1. 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. 3. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser for buildings greater than 3,600 square feet. 18.10.040 Section R313.3.2.7 added — Additions and alterations. Section R313.3.2.7 of the 2022 California Residential Code is added to read as follows: 35 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 R313.3.2.7 Additions and Alterations. 1. 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: a. 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. b. 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. 2. The size of additions and alterations used in calculating shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies: Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period from the final date of the initial permit, the sum of the size of these additions or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations in Section 18.10.025 or Section 18.10.030. 3. The following scopes of work are excluded from calculations to determine the 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. 36 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.10.045 Section R313.3.2.8 added — All sprinklered buildings. Section R313.3.2.8 of the 2022 California Residential Code is added to read as follows: 8313.3.2.8 All sprinklered buildings. 1. When 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. 2. When a property owner or responsible party of a residential building chooses option 1 above, the property owner shall file a deed restriction with San Mateo County Assessor's Office and obtain a performance bond with Central County Fire Department to ensure completion of the fire sprinkler installation. The bond shall be equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. 18.10.050 Section 8313.3.3.1 amended — Nonmetallic pipe and tubing. Section R313.3.3.1 of the 2022 California Residential Code is amended to read as follows: R313.3.3.1 Nonmetallic pipe and tubing. Nonmetallic piping and tubing, such as CPVC, shall be listed for use in residential fire sprinkler systems. 18.10.055 Table R313.3.6.2 (9) deleted — Table R313.3.6.2 (9) Allowable Pipe Length for 1 - inch PEX tubing 37 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Table R313.3.6.2 (9) of the 2022 California Residential Code is deleted in its entirety. Table 8313.3.6.2 (9) Allowable Pipe Length for 1 -inch PEX tubing is deleted. 18.10.060 Section R313.3.6.2.2 amended — Calculation procedure. Step 8 — Determine the maximum allowable pipe length Section R313.3.6.2.2 — Calculation procedure. Step 8 of the 2022 California Residential Code is replaced with the following: 8313.3.6.2.2 — Calculation procedure. Step 8 — Determine the maximum allowable pipe length Use Tables R313.3.6.2 (4) through R313.3.6.2 (8) to select a material and size for water distribution piping. The piping material and size shall be acceptable if the developed length of pipe between the service valve and the most remote sprinkler does not exceed the maximum allowable length specified by the applicable table. Interpolation of Pt between the tabular values shall be permitted. The maximum allowable length of piping in Tables R313.3.6.2(4) through R313.3.6.2(8) incorporates an adjustment for pipe fittings, and no additional consideration of friction losses associated with pipe fittings shall be required. 18.10.065 Section R313.3.8.1 amended — Pre -concealment inspection. #4 Section R313.3.8.1 — Pre -concealment inspection. #4 of the 2022 California Residential Code is amended by replacing with the following: R313.3.8.1 #4. The pipe size equals or exceeds the size used in applying Tables R313.3.6.2(4) through DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 R313.3.6.2(8) or, if the piping system was hydraulically calculated in accordance with Section R313.3.6.1, the size used in the hydraulic calculation. 18.10.070 Section 8313.3.8.1 amended — Pre -concealment inspection. #5 Section R313.3.8.1 — Pre -concealment inspection. #5 of the 2022 California Residential Code is amended by replacing with the following: R313.3.8.1 #5 The pipe length does not exceed the length permitted by Tables R313.3.6.2 (4) through R313.3.6.2 (8) or, if the piping system was hydraulically calculated in accordance with Section R313.3.6.1, pipe lengths and fittings do not exceed those used in the hydraulic calculation 18.10.075 Section 8319.1 amended — Address numbers. Section R319.1 of the 2022 California Residential Code is amended to read as follows: 8319.1 Address numbers. 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 (1/z") 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 ") strike by nine inches (9") high is required. 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 39 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 new construction. 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 R319.1. ADU Addressing. Address for Residential Accessory Dwelling Units shall meet City of Burlingame specifications. 18.10.080 Section R902.1 amended — Roof covering materials. Section R902.1 of the 2022 California Residential Code is amended to read as follows: R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class C roofs shall not be allowed in the City of Burlingame. Classes A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. 18.10.085 Section R902.1.3 amended — Roof covering in all other areas. Section R902.1.3 of the 2022 California Residential Code is amended to read as follows: 8902.1.3 Roof covering in all other areas. The entire roof covering of every existing 40 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire - retardant roof covering that is at least Class B. 18.10.090 Section R903.4.2 added — Roof and surface drainage. Section R903.4.2 of the 2022 California Residential Code is added to read as follows: R903.4.2 Roof and surface drainage. 1. In all zones other than R-1, the water from the roof of any building and from any paved area which would flow by gravity over public sidewalk shall be carried by means of conductors under the sidewalk and through the curb to the gutter, or other approved location. 2. No storm water or underground water draining from any lot, building, or paved area shall be allowed to drain to adjacent properties nor shall this water be connected to the city's sanitary sewer system. Regardless of the slope of the source property, such water shall drain to either artificial or natural storm drainage facilities by gravity or pumping. 18.10.095 Section R1003.9.2.1 added — Spark arrestors. Section R1003.9.2.1 of the 2022 California Residential Code is added to read as follows: 41 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 R1003.9.2.1 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 division. All chimneys as described in section 605.2.1 of the 2022 California Fire Code 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 the transfer of title shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order. 2. In the event of any construction on such property for which a building permit is required the final building permit signoff shall not be made until each such chimney a spark arrestor has been installed and is in proper working order. SECTION NINE. REPEALING AND REPLACING CHAPTER 18.12 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.12 is amended to read as follows: Chapter 18.12 PLUMBING CODE Sections: 18.12.010 Adoption of 2022 California Plumbing Code. 18.12.020 Section 310.13 added — Exterior pipes. 18.12.030 Section 507.5 amended — Water heater safety pans. 42 DocuSign Envelope ID: 20ABB5A3-883A-468F-8329-OB8FOC9AE5C1 18.12.040 Section 606.3.1 added — Water supply shutoff valves. 18.12.050 Section 609.3 amended — Water piping installed in or under a concrete slab. 18.12.060 Section 610.8.1 added — Water service over two inches. 18.12.070 Section 710.1 amended — Drainage of fixtures below the next upstream manhole or below the main sewer level. 18.12.080 Section 719.7 added — Building sewer cleanout. 18.12.090 Section 807.2 amended — Condensate waste water disposal. 18.12.100 Section 812.2 added — Disposal of rainwater drainage. 18.12.110 Section 812.3 added — Rainwater drainage to paved gutter. 18.12.120 Section 812.4 added — Rainwater drainage across public sidewalk prohibited. 18.12.130 Section 812.5 added — Elimination of nonconforming rainwater drainage required. 18.12.010 Adoption of 2019 California Plumbing Code. The rules, regulations and standards printed in one volume and published by the International Association of Plumbing and Mechanical Officials (IAPMO), under the title `2021 Uniform Plumbing Code" and adopted as the "2022 California Plumbing Code" including the appendices A, D, H, I and State of California amendments thereto, hereinafter called "plumbing code," is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. The appendices specified herein shall be enforceable to the same extent as if contained in the body of the plumbing code. 18.12.020 Section 310.13 added — Exterior pipes. Section 310.13 of the 2022 California Plumbing Code is added to read as follows: 43 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 310.13 Exterior pipes. No plumbing drain vent pipe nor water, soil, waste, or gas pipe shall be installed on, or attached to, the outside face of an exterior wall of a residential building without the prior written permission of the building official. Such installation shall be enclosed in such a way as to be obscured from view. 18.12.030 Section 507.5 amended — Water heater safety pans. Section 507.5 of the 2022 California Plumbing Code is amended to read as follows: 507.5 Water heater safety pans. Each water heater located in an attic, furred space, living area or other location where leakage would result in damage to the building or its contents shall have a safety pan with drain. Safety pans shall be metal and be nominal two inches in diameter larger than the water heater, with a minimum depth of two inches. The drain pipe shall be three-quarter inch trade size minimum; shall terminate outside the building foundation or, where this is not practical or possible, at another location approved by the building inspector; and shall have a continuous minimum slope throughout its length of one-quarter inch, per foot away from the water heater. 18.12.040 Section 606.3.1 added — Water supply shutoff valves. Section 606.3.1 of the 2022 California Plumbing Code is added to read as follows: 606.3.1 Water supply shutoff valves. A gate shutoff valve shall be installed on each water supply pipe at an accessible point where such supply enters a building. In multi -unit residential buildings, a gate shutoff valve shall be installed on each water supply pipe at an 44 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 accessible point where such supply enters each apartment or dwelling unit; or, where an apartment or dwelling unit is supplied by a vertical riser, a separate accessible shutoff valve may be provided at each plumbing fixture in the unit in lieu of the shutoff valve on the main supply to the unit. 18.12.050 Section 609.3 amended — Water piping installed in or under a concrete slab. The first paragraph of Section 609.3 of the 2022 California Plumbing Code is amended to read as follows: 609.3 Water piping installed in or under a concrete slab. Water piping shall not be installed in or under a concrete floor slab within a building without prior written approval of the building official. When such approval is obtained, such piping shall be installed in accordance with requirements (1) and (2). 18.12.060 Section 610.8.1 added — Water service over two inches. Section 610.8.1 of the 2022 California Plumbing Code is added to read as follows: 610.8.1 Water services over two inches. Design details, methods and materials for construction of water services over 2 inches in diameter shall conform with the specifications for the construction of such work as compiled by the city engineer. These specifications may be changed from time to time at the option of the city engineer, but such changes shall in no way effect the validity of the regulations or requirements 45 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 contained therein or the regulations and requirements of this code. 18.12.070 Section 710.1 amended — Drainage of fixtures below the next upstream manhole or below the main sewer level. Section 710.1 of the 2022 California Plumbing Code is amended to read as follows: 710.1 Drainage of fixtures below the next upstream manhole or below the main sewer level. 1. Drainage piping serving fixture(s) which have flood level rim(s) less than twelve inches (12") above the elevation of the next upstream manhole and/or flushing inlet cover at the public sewer system serving such drainage piping shall be protected from backflow of sewage as follows: a. In new buildings and in buildings modified to the extent described in Burlingame Municipal Code section 18.07.020, these fixtures shall discharge by means of a sewage ejector or pump in accordance with Section 710.2. b. In existing buildings, protection from backflow shall be by means of a backwater valve approved by the building official supplemented by an approved sewer relief valve installed with its outlet at least six inches (6") below the flood level rim of the lowest installed drainage unit fixture. Fixtures above that elevation shall not discharge through the backwater valve without prior written approval of the building official. As an alternative, the system may be protected by 46 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 installation of an approved sewage ejector or pump. C. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating "Backwater Valve Downstream". 18.12.080 Section 719.7 added — Building sewer cleanout. Section 719.7 of the 2022 California Plumbing Code is amended by adding a second paragraph to read as follows: 719.7 Building sewer cleanout. When a building sewer is located under a street, alley or easement, there shall be provided a cleanout, installed flush with the sidewalk level next to curb; or, if no curb or sidewalk exist, then the cleanout must be located outside of the lot line. The cleanout riser shall be of materials specified by the city engineer, shall be the same size as the drain it serves, shall be connected to the building drain by a wye, shall be brought up to the level of the ground, and shall be terminated at the top with a cleanout fitting as specified by the city engineer. If the riser terminates at concrete sidewalk a cast iron sidewalk box with loose cover fitting with brass screws shall be installed. The minimum size for a cleanout riser shall be four inch trade size pipe. 18.12.090 Section 807.4 Added — Condensate waste water disposal. Section 807.4 of the 2022 California Plumbing Code is added to read as follows: 807.4 Condensate wastewater disposal. Condensate from air cooling coils and comfort cooling equipment not intended to be used for the storage or handling of food or drink 47 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 shall be collected and discharged to a storm sewer or other point of disposal approved by the building official. Termination of such drains shall be made by an air break. Condensate drain lines in sizes of one and one-quarter inch and larger shall be assembled using approved drainage pipe and fittings. Condensate waste water shall not drain over or upon a sidewalk, pedestrian ramp or the like, or a public way. 18.12.100 Section 812.2 added — Disposal of rainwater drainage. Section 812.2 of the 2022 California Plumbing Code is added to read as follows: 812.2 Disposal of rainwater drainage. Rainwater from roof or other approved areas exposed to rainwater may be drained into the storm drainage system, but shall not drain into any sewer intended for sanitary sewage. 18.12.110 Section 812.3 added — Rainwater drainage to paved gutter. Section 812.3 of the 2022 California Plumbing Code is added to read as follows: 812.3 Rainwater drainage to paved gutter. Rainwater from roofs and other approved areas exposed to rainwater may drain into a public street gutter, provided that such gutter is paved and runs to a catch basin connected to a public storm drain, and provided further that such drainage has the approval of the city engineer or other public authority having jurisdiction over public streets or public storm drains. DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.12.120 Section 812.4 added — Rainwater drainage across public sidewalk prohibited. Section 812.4 of the 2022 California Plumbing Code is added to read as follows: 812.4 Rainwater drainage across public sidewalk prohibited. No rainwater from roofs, or other rainwater drainage of premises, shall discharge upon a public sidewalk. When it is desired to conduct rainwater from a building or premises to a public street gutter, the outside underground drainage piping shall be vitrified clay pipe, ABS, PVC, galvanized wrought iron pipe, galvanized steel pipe, approved concrete pipe, asbestos cement sewer pipe, cast iron pipe or other materials approved by the building official. When clay pipe, ABS, PVC, asbestos cement sewer pipe or approved concrete pipe is used, such pipe shall be a minimum of two feet horizontally from the building and one foot below the official grade. Water leaders connected to such background drainage pipe which are on the outside of the building wall that abuts on a public thoroughfare, shall be constructed of galvanized wrought iron pipe, galvanized steel pipe, or cast iron pipe for a distance of not less than five feet vertically above the Official grade. See Section 18.08.090 for exception for such drainage in R-1 districts. 18.12.130 Section 812.5 added — Elimination of nonconforming rainwater drainage required. Section 812.5 of the 2022 California Plumbing Code is added to read as follows: 49 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 812.5 Elimination of nonconforming rainwater drainage required. Every existing system that allows the drainage of rainwater into a sanitary sewer in violation of the provisions of this chapter shall be altered or terminated or replaced so as to conform to the provisions of this chapter. SECTION TEN. REPEALING AND REPLACING CHAPTER 18.13 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Section 18.13.010 is added to read as follows: Chapter 18.13 Existing Building Code Sections: 18.13.010 Adoption of 2022 California Existing Building Code. 18.13.020 501.6 added — Suspended ceiling upgrade required. 18.13.010 Adoption of 2022 California Existing Building Code. The rules, regulations and requirements published by the International Code Council (ICC) under the title "2021 International Existing Building Code" and adopted as the "2022 California Existing Building Code" including Appendix Chapter A and State of California amendments thereto, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. 18.13.020 Section 501.6 added — Suspended ceiling upgrade required. Section 501.6 of the 2022 204-9 California Existing Building Code is added to read as follows: 50 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 501.6 Suspended ceiling upgrade required. When an addition, alteration or repair is performed on an occupancy in which there is an existing suspended ceiling, such suspended ceilings shall be modified throughout to comply with the provisions of ASTM C 635 and ASTM C 636. SECTION ELEVEN. REPEALING AND REPLACING CHAPTER 18.16 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.16 is amended to read as follows: Chapter 18.16 ELECTRICAL CODE Sections: 18.16.010 Adoption of 2022 California Electrical Code. 18.16.020 Section 230.70 (A) (1) amended — Main switch accessible from exterior. 18.16.030 Section 410.10(G) added — Exterior lighting restricted. 18.16.010 Adoption of 2022 California Electrical Code. The rules, regulations and standards printed in one volume and published by the National Fire Protection Association (NFPA), under the title 2020 National Electrical Code" with amendments as contained in the "2022 California Electrical Code", including the appendices, are adopted as and for the rules, regulations and standards within this city as to matters therein contained except as provided in this chapter. The mandatory requirements of the appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 51 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.16.020 Section 230.70 (A) (1) amended — Main switch accessible from exterior. Section 230.70 (A) (1) of the 2022 California Electrical Code is amended to read as follows: 230.70 (A) (1) Main switch accessible from exterior. The service disconnecting means location shall be accessible from the exterior of a building. If, due to structural or architectural conditions, it is not possible to make the service disconnecting means accessible from the building exterior a shunt trip disconnecting all active electrical conductors shall be installed at an accessible exterior location. 18.16.030 Section 410.10(G) added — Exterior lighting restricted. Section 410.10(G) of the 2022 California Electrical Code is added to read as follows: 410.10(G) Exterior lighting restricted. 1. Exterior lighting on all residential and commercial properties shall be designed and located so that the cone of light and/or glare from the lighting element is kept entirely on the property or below the top of any fence, edge or wall. 2. On all residential properties exterior lighting outlets and fixtures shall not be located more than nine (9) feet above adjacent grade or required landing; walls or portions of walls shall not be floodlit; only shielded light fixtures which focus light 52 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 downward shall be allowed, except for illuminated street numbers required by the fire department. 3. Variances to the provisions of this section may be approved by the planning commission, pursuant to the provisions of Chapter 25.16 of this code, except that notice of the application for the variance shall only be given to property owners within fifty feet. 4. This section shall not apply to signs having an approved permit for an illuminated sign pursuant to Title 22 of this code. SECTION TWELVE. REPEALING AND REPLACING CHAPTER 18.22 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.22 is amended to read as follows: 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise 53 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (1981); Ord. 1916 § 2,(2015)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Insure that potential buyers are notified that property is in an area of special flood hazard; and (h) Insure that those who occupy the area of special flood hazard assume responsibility for 54 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 their actions. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.100 Definitions. The following words and terms shall, for the purposes of these regulations, have the meanings 55 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies. "A zone." See "Special flood hazard area." "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "Special flood hazard area." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one -hundred -year flood"). "Base flood elevation (BFE)" means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) on the Flood Insurance Rate Map (FIRM) for zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. 56 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V 1 through V30. "Conditional letter of map revision (CLOMR)" means a formal review and comment as to whether a proposed flood project or other project complies with the minimum NFIP Requirements for such projects with respect to delineation of or special flood hazard areas. A CLOMR does not 57 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. "Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Design Flood" means the flood associated with the greater of the following two areas: (1) Area with a flood plain subject to a 1 -percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated. "Design Flood Elevation" means the elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. Also referred to as Flood Protection Elevation. "Dry Flood Proofing" means the protection of non-residential structures, water supplies, and sewage systems. Dry flood proofing includes measures that make a structure watertight below the level that needs flood protection to prevent floodwaters from entering. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of floodwaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see "flood") "Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and 59 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and M DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Letter of Map Amendment" (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. "Letter of Map Change" (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) Letter of Map Amendment (LOMA), (2) Letter of Map Revision (LOMR), (3) Letter of Map Revision Based on Fill (LOMR-F), (4) Conditional Letter of Map Revision (CLOMR). "Letter of Map Revision" (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. "Let of Map Revision Based on Fill" (LOMR-F) means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. "Light-duty truck" as it pertains in this chapter only, and as defined in 40 C.F.R. 86.082-2, any 61 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 motor vehicle rated at 8,500 pounds Gross Vehicular Weight Ratings or less which has a vehicular curb weight of 6,000 pounds or less which has a basic vehicle frontal area of forty-five (45) square feet or less, which is: (1) Designed primary for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primary for transportation of persons and has a capacity of more than twelve (12) persons; or (3) Available with special features enabling off-street or off-highway operation and use. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. "Market Value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of MA DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One -hundred -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Person" means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Recreational Vehicle" means a motor vehicle or trailer for recreational dwelling purposes; a motor home or other vehicle with a motor home body style which has its own motor power or is towed by another vehicle. "Remedy a violation" means to bring the structure or other development into compliance with 63 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Riverine" means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sea level rise" means an increase in the level of the world's oceans due to the effects of global warming. "Sheet flow area." See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zones A, AH, Al through A30 and V1 through V30. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within twelve (12) months of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does 64 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or 65 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2,(2015)) 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.320 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in "The Flood Insurance Study for the City of Burlingame," dated March 16, 1981 and April 5, 2019, with an accompanying flood insurance rate maps (FIRMS), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986); Ord. 1916 § 2, (2015)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015); Ord 2000 (202 1)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 67 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.410 Establishment of development permit. DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 For the purposes of this chapter, "development permit" shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be flood proofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.420 Designation of the floodplain administrator. The city engineer is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.430 Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to, those set forth in Sections 18.22.431 through 18.22.435. (Ord. 1211 § 1, (1981); Ord. 1916 § 2,(2015)) 18.22.431 Permit review. The floodplain administrator shall review all development permits to determine that: (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (e) All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) (f) Require applicant to submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevation, flood hazard area 70 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter. Note: A base flood elevation may be obtained using one of two (2) methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.433 Information to be obtained and maintained. The floodplain administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies: (a) The certification required in Section 18.22.513(a) (floor elevations); (b) The certification required in Section 18.22.513(b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513(c) (elevation or floodproofing of nonresidential structures); 71 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (d) The certification required in Section 18.22.513(d)(1) or (2) (wet floodproofing standard); (e) The certified elevation required in Section 18.22.540(b) (subdivision standards); (f) The certification required in Section 18.22.560(1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.434 Alteration of watercourses. The floodplain administrator shall: (a) Notify adjacent communities and the department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (b) Require that the flood -carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.435 Interpretation of FIRM boundaries. The floodplain administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as 72 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981); Ord. 1916 § 2,(2015)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) and public access, flood and sea level rise performance guidelines under Ord. 2000 (202 1) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyancy. (b) All manufactured homes shall meet the anchoring standards of Section 18.22.550(a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2,(2015)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. 73 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding under the current California building codes and FEMA requirements. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.513 Elevation and floodprooflng. (a) New construction and substantial improvement of any residential structure in zone A, AE, AH shall have the lowest habitable floor, including basement, elevated above the based flood elevation plus 1 foot Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator prior to building permit final and be dated within 180 days of submittal. (c) Nonresidential construction shall provide a freeboard of 1 foot above the base flood elevation within the structure footprint of the first floor and/or comply with the standards adopted in Section 25.12.050 for properties in the commercial and industrial zoning districts related to sea level rise (SLR), whichever is stricter in conformance with subsection (b) of this section, or 74 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 together with attendant utility and sanitary facilities: (1) Be flood proofed so that below the base flood level, no greater than 3 feet, is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such floodproofing certifications shall be provided to the floodplain administrator prior to building permit final and be dated within 180 days of submittal. (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 75 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment maybe allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) (c) Trash and refuse storage areas must comply with section 18.22.513b. 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.540 Standards for subdivisions. 76 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (a) All preliminary subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals shall identify the flood hazard area and the base flood elevation data. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 77 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.555 Standards for recreational vehicles. Recreational vehicles on private property that are located in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches. 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Require until a regulatory floodway is designated, that no new construction, substantial improvements, encroachments or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.5 10 through 18.22.570. (Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) ME DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.570 Coastal high hazard area. Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)); Ord. 2000 (2021) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.572 Construction methods. (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. (b) Structural Support. (1) All buildings or structures shall be securely anchored on pilings or columns. 79 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) Fill used for structural support will be allowed only with permit from the floodplain administrator. Note: The use of fill for structural support of buildings within Zones VI -30, VE, and V on the community's FIRM is prohibited. (4) Prohibit man-made alternation of sand dunes and mangrove stands within Zone V1-30, VE, and V on the community's FIRM which would increase potential flood damage. (c) Space Below the Lowest Floor. (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the floodplain administrator for approval. :1 DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (d) The floodplain administrator shall obtain and maintain the following records: (1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; (2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.611 Appeal procedure. (a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. (b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: MM DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) WIN DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.614 Variance records. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.620 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures MR DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.621 Notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 lowest floor elevation. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) SECTION THIRTEEN. REPEALING AND REPLACING CHAPTER 18.30 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.30 is amended to read as follows: Chapter 18.30 Green Building Standards Code 18.30.010 Adoption of 2022 California Green Building Standards Code. The rules, regulations and standards printed in one volume and published by the International Code Council (ICC), under the title "2022 California Green Building Standards Code" adopted as the "2022 California Green Building Standards Code," including appendix chapter A4 and the State of California amendments thereto, is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. Appendix chapter A4 of the Green Building Standards Code shall be enforceable to the same extent as if contained in the body of the code. SECTION FOURTEEN. CEQA DETERMINATION The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) that this Ordinance is exempt from the requirements of the California Environmental Esq DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making. SECTION FIFTEEN. EFFECTIVE DATE An application for a building permit received after December 31, 2022 must comply with this Ordinance unless specific land use provisions for the project were approved by the City of Burlingame prior to 5:00 p.m. on December 31, 2022. If the Planning Commission approves the project prior to the effective date of this ordinance, then the building permit application for that project may use the provisions found in the 2019 California Building Codes including all amendments as adopted in Ordinance 1856-2010, 1889-2013, 1933- 2016 and 1969-2019 as applicable. SECTION SIXTEEN. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Ricardo Ortiz, Mayor DocuSign Envelope ID: 20ABB5A3-883A-468F-B329-OB8FOC9AE5C1 SECTION SEVENTEEN: PUBLIC NOTICE This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect on January 1, 2023, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 17th 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 ,teff . 4,,e1-S4ea e, Meaghan Hassel -Shearer, City Clerk M