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
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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
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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:
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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
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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.
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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.
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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
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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.
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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.
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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)
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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)
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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)
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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
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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:
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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:
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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:
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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.
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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
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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
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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
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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:
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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.
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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:
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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
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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
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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
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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
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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:
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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:
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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.
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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
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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
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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
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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
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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.
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"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
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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
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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
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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
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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
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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
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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
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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
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(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))
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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))
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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.
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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))
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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
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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);
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(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
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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.
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(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
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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.
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(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.
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(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))
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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))
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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.
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(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.
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(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:
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(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))
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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
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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
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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
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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
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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
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