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HomeMy WebLinkAboutOrd 20411 ORDINANCE NO. 2041 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2025 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), 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND AMENDMENTS AND MODIFICATIONS THERETO; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15378, 15061(b)(3) WHEREAS, the City of Burlingame’s Building Regulations are codified in Title 18 of the Burlingame Municipal Code and were last updated in 2022; 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 17, 2024 the Building Standards Commission voted to adopt the most up-to-date edition of the 2025 California Building Standards Code as amended by those various state agencies; and WHEREAS, on July 1, 2025 the California Building Standards Code was published; and 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 2025 California Building Standards Code will become effective on January 1, 2026; and WHEREAS, on October 20, 2025, the City Council of the City of Burlingame held a duly noticed public hearing to consider the 2025 California Building Standards Code and local amendments at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; and WHEREAS, on November 3, 2025, the City Council of the City of Burlingame conducted the second reading and adopted the 2025 California Building Standards Code and local amendments; 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 2 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 requirements equal to or greater than those set forth in 2025 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), 2024 International Swimming Pool and Spa Code, 2024 International Property Maintenance 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 2025 California Building Standards Code by repealing and replacing Chapters 18.05, 18.06, 18.07, 18.08, 18.09,18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 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: 1. The City of Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with seven major creeks flowing through highly developed residential and industrial areas. The City is surrounded by large areas of open space maintained in natural conditions, 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, with the majority the 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. The proposed amendments to the Building Codes address the local geological conditions in Burlingame. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the city. In February of 2025, the Office of the State Fire Marshal identified new Fire Hazard Severity Zones for the City of Burlingame, including “Very High”, “High”, and “Moderate” zones, which affects minimum standards for construction within these zones. The city has several highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 3 could be highly hazardous. 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 proposed amendments to the Building Code address the local topographical conditions in Burlingame. 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 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. 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 2025 editions of the California Building Standards Codes in its entirety except as specifically amended by this ordinance. 2. 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. 3. The City also operates its own water supply system for its citizens. Sections 18.07.060, 18.12.050, 18.12.060, 18.12.070, and 18.12.100 are intended to provide consistent policy regarding water service installations and to protect the public’s water supply. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 4 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 2024 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 2024 International Swimming Pool and Spa Code The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 “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 2025 California Electrical Code. 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 2025 California Plumbing Code. Fittings shall be listed and approved by the International Association of Plumbing and Mechanical Official Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 5 (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 2025 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 2025 California Energy Code. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 6 SECTION FOUR. REPEALING AND REPLACING CHAPTER 18.06 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.06 is amended incorporating the 2024 International Property Maintenance Code. Chapter 18.06 INTERNATIONAL PROPERTY MAINTENANCE CODE. 18.06.010 Adoption of 2024 International Property Maintenance Code. 18.06.010 The 2024 International Property Maintenance Code is hereby incorporated as part of the Burlingame Municipal Code. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 7 SECTION FIVE. REPEALING AND REPLACING CHAPTER 18.07 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.07 is amended in its entirety to read as follows: Chapter 18.07 ADMINISTRATIVE CODE Sections: 18.07.005 Adoption of 2025 California Administrative Code 18.07.010 Article 6 added – Construction Hours 18.07.015 Article 7 added – Streamlined permitting process for small residential rooftop solar systems 18.07.020 Article 8 added – Permit process for electric vehicle charging stations 18.07.005 Adoption of 2025 California Administrative Code. The rules, regulations and requirements published by the State of California under the title “2025 California Administrative Code”, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained with the following amendments: 18.07.010 Article 6 added—Construction Hours. Article 6 of the California Administrative Code is added to read as follows: 1-601. Construction Hours. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure other than between the hours of eight a.m. and seven p.m. on weekdays, and nine a.m. and six p.m. on Saturdays, except in circumstances where continuing work beyond legal hours is necessary to building or site integrity, including (but not limited to) large concrete pours, environmental considerations, state or federal requirements, or in cases where it is in the interest of public health and safety, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure on Sundays or on holidays, except in the circumstances described earlier in this paragraph, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. For the purpose of this section, holidays are the days set forth in Section 13.04.100 of this code. The restrictions stated in this section shall not apply to work that does not require a permit under any applicable law or regulation, or to work that takes place inside a completely enclosed Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 8 building and does not exceed the exterior ambient noise level per the BMC 25.58.050. In the Bayfront Commercial (BFC), Innovative Industrial (I/I) and Rollins Road Mixed Use (RRMU) zones only, construction work may begin at seven a.m. instead of eight a.m. on weekdays. However, the use of chainsaws, jackhammers, pile-drivers or pneumatic impact wrenches shall be prohibited from seven a.m. to eight a.m., unless written approval is granted by the building official pursuant to an exception listed in the above paragraph. 18.07.015 Article 7 added - Streamlined permitting process for small residential rooftop solar systems. Article 7 of the California Administrative Code is added to read as follows: Article 7 - Streamlined permitting process for small rooftop solar system installations. 1-701. Purpose. The purpose of the section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Burlingame, and expanding the ability of property owners to install solar energy systems. The section allows the City of Burlingame to achieve these goals while protecting the public health and safety. 1-702. Definitions. Solar energy system means either of the following: 1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. 2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. Small residential rooftop solar energy system means all of the following: 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Burlingame, and all state and City of Burlingame health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code. 3. A solar energy system that is installed on a single-family or duplex-family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 9 defined by the City of Burlingame Electronic submittal means the utilization of one or more of the following: 1. Email; or 2. The Internet. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. Common interest development means any of the following: 1. A community apartment project; or 2. A condominium project; or 3. A planned development; or 4. A stock cooperative. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means: 1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. 2. For Photovoltaic Systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. 1-703. Applicability. This section applies to the permitting of all small residential rooftop solar energy systems in the City of Burlingame. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 1-704. Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Burlingame and the Central County Fire Department. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing Code and California Mechanical Code. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 10 Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 1-705. Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City of Burlingame website. Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be by email, or the Internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. The City of Burlingame shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans, and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. 1-706. Plan review, permit, and inspection requirements. The Building Division shall provide an administrative, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of the ordinance codified in this section. The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property, and shall not be willfully avoided or delayed. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information. The City of Burlingame Planning Division may require an applicant to apply for a use permit if the Planning Division finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to City of Burlingame Planning Commission. Review of the permit application shall be limited to the Building Division's review of whether the Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 11 application meets local, state, and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City of Burlingame Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City of Burlingame on another similarly situated application in a prior successful application for a permit. The City of Burlingame shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. The City of Burlingame shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements then an additional, follow-up inspection shall be required. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and required but need not conform to the requirements of this section. A separate fire inspection may be performed by the Central County Fire Department, if required. The inspection shall be done within three business days and may include consolidated inspections. 18.07.020 Article 8 added - Permit process for electric vehicle charging stations. 1-801. Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with California Government Code Section 65850.7 to achieve timely and cost effective processing of applications for the installation of electric vehicle charging stations. The provisions encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electric vehicle charging stations. The provisions allow the city to achieve these goals while protecting the public health and safety. 1-802. Definitions. "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this section or as it may be amended, and delivers electricity from a source Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 12 outside an electric vehicle into a plug-in electric vehicle. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 1-803. Applicability. This section applies to the permitting of all electric vehicle charging stations in the city. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a pre-existing charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 1-804. Electric Vehicle Charging Station Requirements. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission and other applicable laws and regulations regarding safety and reliability. 1-805. Submittal Requirements. All documents required for the submission of an electric vehicle charging station application shall be made available on the city's website. Electronic submittal of the required permit application and documents by facsimile shall be made available to all electric vehicle charging station permit applicants. Because the city does not have an adopted electronic signature protocol as of the time of the adoption of the ordinance codified in this section, an electronic signature cannot be accepted in lieu of a wet signature on the application. However, as soon as the city adopts such a protocol, electronic signatures will be accepted on charging station applications, and the city's website and application materials will be updated accordingly. The city's building division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s), and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the California State Office of Planning and Research. For purposes of calculating permit fees under the city's adopted master fee schedule, the value to be used in computing the electric vehicle charging station permit and plan review shall be the total value of all construction work for which the permit is issued as well as any other equipment. The determination of value or valuation under any of the provisions of this section shall be made by the building official. 1-806. Plan Review, Permit, and Inspection Requirements. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Only permits or approvals that conform to all applicable provisions of this chapter and Title 18, including Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 13 design review, shall be issued. The building official or designated staff members shall make determinations of conformance. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements. The building official may require an applicant to apply for an "electric vehicle charging station use permit" if the building official makes written findings that the proposed electric vehicle charging stations could have a specific, adverse impact upon public health and safety. The building official's decision may be appealed to the city planning commission. If an electric vehicle charging station use permit is required, the building official may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The building official's decision may be appealed to the city planning commission. If the building official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. A separate fire inspection may be performed by the Central County Fire Department, if required. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 14 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 BUILDINGCODE Sections: 18.08.005 Adoption of 2025 California Building Code, Part 2, Volume 1 18.08.010 Section 117 added – Safety assessment placards 18.08.015 Section 406.1.1 added – Car stacking system backup power 18.08.020 Section 406.6.2.1 added – Manual control 18.08.025 Section 502.1 amended – Address identification 18.08.030 Section 502.2 added – Utility identification 18.08.035 Section 903.1.2 added – Additions and alterations 18.08.040 Section 903.1.3 added – Applicable to all sprinklered buildings 18.08.045 Section 903.2 amended – Where required 18.08.050 Section 903.2.10.3 added – Lithium-ion batteries in vehicles 18.08.055 Section 903.2.10.4 added – Additional commercial and multi-family dwelling sprinkler locations 18.08.060 Section 903.2.22 added – Existing buildings and structures 18.08.065 Section 903.2.23 added – Aggregate 18.08.070 Section 903.3.1.4 added – Inspector’s test valves 18.08.075 Section 903.3.1.5 added – Additional residential sprinkler locations 18.08.080 Section 903.4.1 amended – Fire sprinkler monitoring systems 18.08.085 Section 905.4 amended – Location of Class I standpipe hose connections 18.08.090 Section 907.7 added – Acceptance tests and certification 18.08.095 Section 1502.4.1 added – Roof drainage requirements 18.08.100 Section 1502.4.2 added – Surface drainage requirements 18.08.105 Section 1505.1 amended – Fire classification 18.08.110 Table 1505.1 amended – Roof minimum fire retardant classes 18.08.115 Section 1505.1.2 amended – Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) 18.08.120 Adoption of 2025 California Building Code, Part 2, Volume 2 18.08.125 Section 1807.2.1 amended – General 18.08.130 Section 3005.5 amended – Shunt Trip 18.08.135 Section 3202 amended – Encroachments 18.08.140 Section 3202.1 amended – Encroachments below grade 18.08.145 Section 3202.2 amended – Encroachments above grade and below 8 feet in height 18.08.150 Section 3202.3 amended – Encroachments 8 feet or more above grade Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 15 18.08.005 Adoption of 2025 California Building Code, Part 2. Volume 1 The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 International Building Code Volume 1" and adopted as the “2025 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 117 added – Safety assessment placards Section 117 of the 2025 California Building Code is added to read as follows: Section 117 Safety assessment placards. 117.1 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. 117.2 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. 117.3 Definition. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 117.4 Placards. 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) (a) The name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. (b) 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 16 INSPECTED LAWFUL OCCUPANCY PERMITTED This structure has been inspected, as indicated below, and no apparent structural hazard has been found. Inspected Exterior Only Inspected Exterior and Interior Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re-inspection may be required. Inspector comments: Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 17 This page blank Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 18 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) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 19 This page blank Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 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: Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re-inspection may be required. Do not enter or remain in close proximity unless specifically authorized by the City of Burlingame. Entry may result in injury or death. Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 21 This page blank Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 22 18.08.015 Section 406.1.1 added – Car stacking system back up power Section 406.1.1 of the 2025 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 manufacturer’s specifications and the 2025 California Electrical Code. 18.08.020 Section 406.6.2.1 added – Manual control Section 406.6.2.1 of the 2025 California Building Code is added to read as follows: 406.6.2.1 Manual Control. 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. 18.08.025 Section 502.1 amended – Address identification Section 502.1 of the 2025 California Building Code is amended to read as follows: 502.1. Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained. Address sizing. Size of address numbers shall be as follows: 1. Each character shall be a minimum of four inches (4”) high with a minimum stroke width of one-half inch (1/2”). 2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum character size of one-half inch (1/2”) stroke by six inches (6”) high is required. 3. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one inch (1") stroke by nine inches (9”) high is required. 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 fire code official, 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 23 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 this section. ADU Addressing. Address for Residential Accessory Dwelling Units shall meet the City of Burlingame specifications. 18.08.030 Section 502.2 added – Utility identification. Section 502.2 of the 2025 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 unitor space that they serve. 18.08.035 Section 903.1.2 added – Additions and alterations Section 903.1.2 of the 2025 California Building Code is added to read as follows: 903.1.2. Additions and alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be: 1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration. 2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced. 18.08.040 Section 903.1.3 added – Applicable to all sprinklered buildings Section 903.1.3 of the 2025 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 fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit. 3. When a property owner or responsible party of a commercial or residential building chooses option 1 or 2 from above, the property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond to ensure compliance with Section 17.04.091. The bond shall be in an amount equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 24 18.08.045 Section 903.2 amended –Where required. Section 903.2 of the 2025 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 1,200 square feet. 18.08. 050 Section 903.2.10.3 added Lithium-ion batteries in vehicles. Section 903.2.10.3 of the 2025 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. 18.08.055 Section 903.2.10.4 added – Additional commercial and multi-family dwelling sprinkler locations. Section 903.2.10.4 of the 2025 California Building Code is added to read as follows: Section 903.2.10.4 Additional commercial and multi-family dwelling sprinkler locations. Rooms or spaces which contain vehicle parking lifts or vehicle stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level. Exception: Buildings classified as single-family dwellings. 18.08.060 Section 903.2.22 added – Existing buildings and structures. Section 903.2.22 of the 2025 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 1,200 square feet. 2. Residential one- and two-family dwellings and structures with a total building floor area in Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 25 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. 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. 18.08.065 Section 903.3.23 added – Aggregate Section 903.3.23 of the 2025 California Building Code is added to read as follows: 903.3.23. Aggregate. When more than one (1) addition and/or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions and/or alterations shall be aggregated for the purpose of determining calculations in Section 18.08.035. 18.08.070 Section 903.3.1.4 added – Inspector's test valves Section 903.3.1.4 of the 2025 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 3,600 square feet shall be equipped with an inspector’s test valve for each system and located the furthest point away from the sprinkler riser. 18.08.075 Section 903.3.1.5 added – Additional residential sprinkler locations Section 903.3.1.5 of the 2025 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 26 18.08.080 Section 903.4.4 added – Fire sprinkler monitoring systems Section 903.4.4 of the California Building Code is added to read as follows: Section 903.4.4 Fire sprinkler monitoring systems. For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station. 18.08.085 Section 905.4 amended – Location of Class I standpipe hose connections Section 905.4 Subsection 1 of the California Building Code is deleted and replaced with the following: 905.4 Location of Class I standpipe hose connections. 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate floor level landing between floors, when such a landing exists. See section 909.20.2.3 of the California Building Code for additional provisions in smoke-proof enclosures. 18.08.090 Section 907.7 amended – Acceptance tests and certification Section 907.7 of the California Building Code is amended to read as follows: 907.7 Acceptance tests 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. 18.08.095 Section 1502.3.1 added – Roof drainage requirements Section 1503.3.1 of the 2025 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. 18.08.100 Section 1502.3.2 added – Surface drainage requirements. Section 1502.3.2 of the 2025 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. 18.08.105 Section 1505.1 amended – General. Section 1505.1 of the 2025 California Building Code is amended to read as follows: Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 27 1505.1 General. Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1, as amended, based on type of construction of the building. Class A or B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated woodroof coverings shall be tested in accordance with ASTM D2898; fire-retardant-treated shingles and shakes shall comply with section 1505.6. 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. 18.08.110 Table 1505.1 amended – Roof minimum fire retardant classes. Table No. 1505.1 of the 2025 California Building Code is amended to read as follows: Table 1505.1 MINIMUM ROOF ASSEMBLY CLASSIFICATION FOR TYPES OF CONSTRUCTION. 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 c. Unless otherwise required in accordance with the California Wildland-Urban Interface Code or due to the location of the building within a fire district in accordance with Appendix D. d. Nonclassified roof coverings shall be permitted on buildings of Group U occupancies, where there is a minimum fire-separation distance of 6 feet measured from the leading edge of the roof. e. Buildings that are not more than two stories above grade plane and having not more than 6,000 square feet of projected roof area and where there is a minimum 10-foot fire separation distance from the leading edge of the roof to a lot line on all sides of the building, except for street fronts or public ways, shall be permitted to have roofs of No. 1 cedar or redwood shakes and No. 1 shingles constructed in accordance with Section 1505.7. 18.08.115 Section 1505.1.2 amended – Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). Section 1505.1.2 of the 2025 California Building Code is amended to read as follows: 1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) The entire roof covering of every existing structure where more than Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 28 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 fire classification. 18.08.120 Adoption of 2025 California Building Code, Part 2, Volume 2. The rules, regulations and requirements published by the International Code Council under the title “2024 International Building Code Volume 2” and adopted as the “2025 California Building Code Volume 2", including appendices A, F, I, J, O, and Q 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. 18.08.125 Section 1807.2.1 amended – General. Section 1807.2.1 of the 2025 California Building Code is amended to read as follows: 1807.2.1 General. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. When a structure supports 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 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. 18.08.130 Section 3005.5 amended – Shunt Trip Section 3005.5 of the 2025 California Building Code is amended to read as follows: 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. 18.08.135 Section 3202 amended – Encroachments Section 3202 of the 2025 California Building Code is deleted and replaced with the Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 29 following: 18.08.140 3202.1 amended – Encroachments below grade 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. 18.08.145 Section 3202 amended – Encroachments above grade and below 8 feet in height. 3202.2 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. 18.08.150 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 30 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 MECHANICAL CODE Section: 18.09.010 Adoption of 2025 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 “2024 Uniform Mechanical Code" and adopted as the “2025 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 31 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 2025 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 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 2025 California Residential Code. The rules, regulations and standards printed in one volume and published by the International Code Council under the title “2024 International Residential Code" and the “2025 California Residential Code", including appendices BB, BF, BG, BH, BJ, BO, CI, and CJ 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 R111.4 added – Utility identification. Section R111.4 of the 2025 California Residential Code is added to read as follows: Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 32 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 space that they serve. 18.10.020 Section R317.5 Exception deleted – Fire sprinklers Exception. Section R317.5 Exception of the 2025 California Residential Code is deleted in its entirety. R317.5 Fire sprinklers. The exception for fire sprinklers in garages and carports is deleted in its entirety. 18.10.025 Section R309.1 amended – Townhouse automatic sprinkler systems. Section R309.1 of the 2025 California Residential Code is amended by replacing with the following: R309.1. Townhouse automatic sprinkler systems. An automatic sprinkler system shall be installed in townhouses. R309.1.1 Existing Townhouse automatic sprinkler systems. An automatic 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. R309.1.2 Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with section R309 or NFPA 13D. 18.10.030 Section R309.2 amended – One- and two-family dwellings automatic fire systems. Section R309.2 Exception of the 2025 California Residential Code is amended by replacing with the following: R309.2. One- and two-family dwellings automatic s systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings. Exception: Detached structures located a minimum of 10 feet from the main house. R309.2.1 Existing One- and two-family dwellings automatic fire systems. 1. An automatic residential fire sprinkler system is required when additions and/or Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 33 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: 1. Detached structures located a minimum of 10 feet from the main house. 2. Additions or alterations of one- or two- family residential building that do not exceed 20 % of the total square footage of the entire completed building. R309.2.2 Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with section R309 or NFPA 13D. 18.10.035 Section R313.3.1.2 amended – Required sprinkler locations. Section R313.3.1.2 of the 2025 California Residential Code is amended by replacing with the following: R309.3.1.2 Required sprinkler locations. 1. Sprinklers shall be installed to protect all areas of a dwelling unit. Exception: 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 R309.3.2.7 added – Additions and alterations. Section R313.3.2.7 of the 2025 California Residential Code is added to read as follows: R313.3.2.7 Additions and Alterations. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 34 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. 18.10.045 Section R309.3.2.8 added – All sprinklered buildings. Section R309.3.2.8 of the 2025 California Residential Code is added to read as follows: R309.3.2.8 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 R313.3.3.1 amended – Nonmetallic pipe and tubing. Section R313.3.3.1 of the 2025 California Residential Code is amended to read as follows: R309.3.3.1 Nonmetallic pipe and tubing. Nonmetallic piping and tubing, such as CPVC, shall be listed for use in residential fire Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 35 sprinkler systems. 18.10.055 Table R309.3.6.2 (9) deleted – Table R309.3.6.2 (9) Allowable Pipe Length for 1- inch PEX tubing Table R309.3.6.2 (9) of the 2025 California Residential Code is deleted in its entirety. Table R309.3.6.2 (9) Allowable Pipe Length for 1-inch PEX tubing is deleted. 18.10.060 Section R309.3.6.2.2 amended – Calculation procedure. Step 8 – Determine the maximum allowable pipe length Section R309.3.6.2.2 – Calculation procedure. Step 8 of the 2025 California Residential Code is amended to read as follows: R309.3.6.2.2 – Calculation procedure. Step 8 – Determine the maximum allowable pipe length Use Tables R309.3.6.2 (4) through R309.3.6.2 (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 R309.3.8.1 amended – Pre-concealment inspection. #4 Section R309.3.8.1 – Pre-concealment inspection. #4 of the 2025 California Residential Code is amended to read as follows: R309.3.8.1 #4. The pipe size equals or exceeds the size used in applying Tables R309.3.6.2(4) through R309.3.6.2(8) or, if the piping system was hydraulically calculated in accordance with Section R309.3.6.1, the size used in the hydraulic calculation. 18.10.070 Section R309.3.8.1 amended – Pre-concealment inspection. #5 Section R309.3.8.1 – Pre-concealment inspection. #5 of the 2025 California Residential Code is amended by replacing with the following: R309.3.8.1 #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 R308.1 amended – Address identification. Section R319.1 of the 2025 California Residential Code is amended to read as follows: Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 36 R308.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the str4eet or road fronting the property. Address identification characters shall be illuminated and shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Size of numbers shall be as follows: 1. Each character shall be not less than four inches (4”) in height with a stroke width of not less than one-half inch (1/2”). 2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (½") stroke by six inches (6”) high is required. 3. 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. 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 an acceptable vehicular access. Number stroke and size shall comply with R308.1. 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 2025 California Residential Code is amended to read as follows: R902.1 Roof covering materials. Roof decks shall be covered with materials as set forth in Section R904 or with roof coverings as set forth in Section 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 E108. 18.10.085 Section R902.1.2 amended – Roof covering in all other areas. Section R902.1.2 of the 2025 California Residential Code is amended to read as follows: R902.1.2 Roof covering in 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 that is at least Class B fire classification. 18.10.090 Section R903.4.2 added – Roof and surface drainage. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 37 Section R903.4.2 of the 2025 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 2025 California Residential Code is added to read as follows: 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 2025 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 38 SECTION NINE. REPEALING AND REPLACING CHAPTER 18.11 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.11 is amended to read as follows: Chapter 18.11 DANGEROUS BUILDINGS CODE 18.11.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings. The rules, regulations and standards printed in one volume and published by the International Conference of Building Officials under the title "1997 Uniform Code for the Abatement of Dangerous Buildings," hereinafter called "dangerous buildings 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 39 SECTION TEN. 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 2025 California Plumbing Code. 18.12.020 Section 310.13 added – Exterior pipes. 18.12.030 Section 507.5 amended – Water heater safety pans. 18.12.040 Section 606.3.1 added – Water supply shutoff valves. 18.12.050 Section 610.8.1 added – Water service over two inches. 18.12.060 Section 710.1 amended – Drainage of fixtures below the next upstream manhole or below the main sewer level. 18.12.070 Section 719.7 added – Building sewer cleanout. 18.12.080 Section 807.2 amended – Condensate waste water disposal. 18.12.090 Section 812.2 added – Disposal of rainwater drainage. 18.12.100 Section 812.3 added – Rainwater drainage to paved gutter. 18.12.110 Section 812.4 added – Rainwater drainage across public sidewalk prohibited. 18.12.120 Section 812.5 added – Elimination of nonconforming rainwater drainage required. 18.12.010 Adoption of 2025 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 ‘2024 Uniform Plumbing Code" and adopted as the “2025 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 310.16 of the 2025 California Plumbing Code is added to read as follows: 310.16 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 40 18.12.030 Section 507.5 amended – Water heater safety pans. Section 507.5 of the 2025 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 2025 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 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 610.8.1 added – Water service over two inches. Section 610.8.1 of the 2025 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 affect the validity of the regulations or requirements contained therein or the regulations and requirements of this code. 18.12.060 Section 710.1 amended – Backflow Protection Section 710.1 of the 2025 California Plumbing Code is amended to read as follows: 710.1 Backflow Protection 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 710.3. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 41 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 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”. 18.12.070 Section 719.7 added – Building sewer cleanout. Section 719.7 of the 2025 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. 18.12.080 Section 807.4 Added – Condensate waste water disposal. Section 807.4 of the 2025 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 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. 18.12.090 Section 812.2 added – Disposal of rainwater drainage. Section 812.2 of the 2025 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. 18.12.100 Section 812.3 added – Rainwater drainage to paved gutter. Section 812.3 of the 2025 California Plumbing Code is added to read as follows: Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 42 812.3 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. 18.12.110 Section 812.4 added – Rainwater drainage across public sidewalk prohibited. Section 812.4 of the 2025 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. 18.12.120 Section 812.5 added – Elimination of nonconforming rainwater drainage required. Section 812.5 of the 2025 California Plumbing Code is added to read as follows: 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 43 SECTION ELEVEN. REPEALING AND REPLACING CHAPTER 18.13 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.13 is amended to read as follows: Chapter 18.13 Existing Building Code Sections: 18.13.010 Adoption of 2025 California Existing Building Code. 18.13.020 501.6 added – Suspended ceiling upgrade required. Section 18.13.010 is added to read as follows: 18.13.010 Adoption of 2025 California Existing Building Code. The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 International Existing Building Code” and adopted as the “2025 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 2025 California Existing Building Code is added to read as follows: 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 44 SECTION TWELVE. 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 2025 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. Section 18.16.010 is added to read as follows: 18.16.010 Adoption of 2025 California Electrical Code. The rules, regulations and standards printed in one volume and published by the National Fire Protection Association (NFPA), under the title 2023 National Electrical Code" with amendments as contained in the “2025 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. 18.16.020 Section 230.70 (A) (1) amended – Main switch accessible from exterior. Section 230.70 (A) (1) of the 2025 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 2025 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 3. downward shall be allowed, except for illuminated street numbers required by the fire Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 45 department. 4. 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. 5. This section shall not apply to signs having an approved permit for an illuminated sign pursuant to Title 22 of this code. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 46 SECTION THIRTEEN. 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. 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 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) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) Ensure that those who occupy the area of special flood hazard assume responsibility for 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 47 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 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. “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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 48 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 V1 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 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 (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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 49 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 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 floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 50 “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 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 buildings and structures, excluding the land and other improvements on the parcel. Market value may Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 51 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 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, A1 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 not include land Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 52 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 (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “Violation” means the failure of structure or other development to be fully compliant with the city’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 53 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 (2021)) 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)) 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. For the purposes of this chapter, “development permit” shall mean a development permit shall be Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 54 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)) 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 55 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 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); (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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 56 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 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 (2021) 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. (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 floodproofing. (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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 57 rise (SLR), whichever is stricter in conformance with subsection (b) of this section, or 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. (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 may be 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)) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 58 18.22.540 Standards for subdivisions. (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)) 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 A1-30 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 59 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 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. (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 V1-30, 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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 60 submitted to the floodplain administrator for approval. (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: (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 Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 61 (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)) 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 structure 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. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 62 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 lowest floor elevation. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 63 SECTION FOURTEEN. 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 2025 California Green Building Standards Code. The rules, regulations and standards printed in one volume and published by the State of California, under the title “2025 California Green Building Standards Code" are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 64 SECTION FIFTEEN. REPEALING AND REPLACING CHAPTER 18.31 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.31 is amended to read as follows: Chapter 18.31 ENERGY CODE 18.31.010 Adoption of 2025 California Energy Code. The rules, regulations and standards printed in one volume and published by the State of California, under the title “2025 California Energy Code" are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 65 SECTION SIXTEEN. 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 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 SEVENTEEN. EFFECTIVE DATE This Ordinance shall go into effect January 1, 2026. An application for a building permit received after December 31, 2025 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, 2025. 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 2022 California Building Codes including all amendments as adopted in Ordinance 1856-2010, 1889-2013, 1933- 2016, 1969-2019, and 2010-2022 as applicable. SECTION EIGHTEEN. 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. SECTION NINETEEN. 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, 2026, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. SECTION TWENTY. CODIFICATION Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, and Fifteen of this Ordinance shall be codified in the Burlingame Municipal Code. Sections One, Two, Sixteen, Seventeen, Eighteen, Nineteen, and Twenty shall not be so codified. Peter Stevenson, Mayor Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7 66 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 20th of October, 2025, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of November 2025, by the following vote: AYES: Councilmembers: Brownrigg, Colson, Pappajohn, Stevenson, Thayer NOES: Councilmembers: None ABSENT: Councilmembers: None Meaghan Hassel-Shearer, City Clerk Docusign Envelope ID: 38AE6205-9964-4C45-80ED-3B80924E75C7