HomeMy WebLinkAboutOrd 19321
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ORDINANCE NO.1932
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE
BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2016
CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2015 EDITION OF
THE INTERNATIONAL FIRE CODE
The City Council of the City of Burlingame ordains as follows:
Section 1. The City of Burlingame is located between the Santa Cruz Mountains
foothills and San Francisco Bay, with a number of substantial creeks flowing through highly
developed residential and industrial areas. It is surrounded by large areas of open space
maintained in natural condition, as well as having a significant natural canyon in the center
residential area. The City normally receives no measurable precipitation between May and
October, and it can often extend into late October or early November. During this period,
average temperatures range between 70° F and 90'F, and strong winds come down the foothills.
These conditions eliminate most of the moisture in the natural vegetation and heavily wooded
hillsides. The area also suffers periodic droughts that extend the dry periods to other months of
the year. In addition, many wood roofs over wood construction predominate the residential
areas. The City is directly east of the San Andreas Fault, and much of the highly developed part
of the City is located along the front of the Bay, some on fill. The foothill areas have a variety
soil formations with steep canyons and heavy precipitation. Fires in the community could
quickly spread because of the extensive, natural vegetation throughout the City. The City has a
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number of highly developed commercial areas with older buildings, and an industrial area that is
filled with mixed uses utilizing various materials that could be highly hazardous. In addition,
heavily traveled approach and departure routes for San Francisco International Airport are
immediately adjacent to or over the City. Much of the residential areas that are immediately
adjacent to woodland and canyon are served by narrow one- or two-lane roads with challenging
access caused by the steepness of the terrain. Access by fire suppression equipment is extremely
limited by both topography and improved access. It is only through strong building standards
and effective fire prevention and containment programs that citizens will receive the protection
they deserve, and that citizens will be able to obtain reasonably priced insurance for their homes
and businesses. In seeking to attain these goals, the fire prevention standards in Title 17 are
adopted.
Section 2. In addition, in order to provide appropriate, clear information to
applicants for construction approvals, Section 17.04.020 is adopted to conform Title 17 to Title
18 and the Zoning Code requirements established in the Municipal Code.
Section 3. The City operates its own sanitary sewer system and water quality
control plant and is subject to State and Federal laws regarding both point and non -point
discharges. Section 17.04.105 is adopted to ensure responsibility for hazardous materials and to
clarify liability to assist the City in meeting its responsibilities regarding those laws as well as
protecting the public safety and welfare.
Section 4. Chapter 17.04 is amended to read as follows:
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Chapter 17.04
INTERNATIONAL FIRE CODE
17.04.010 Adoption of the California Fire Code and International Fire Code.
17.04.020 Amendments to the California Fire Code and International Fire Code.
17.04.025 Administrative, Operational and Maintenance Provisions
17.04.030 Occupancy Prohibited Before Approval & Examination of Documents
17.04.035
Fees
17.04.040
Board of Appeals
17.04.045
Investigation and Fee — Work Without a Permit
17.04.050
General Storage
17.04.055
Marking — Fire Lanes
17.04.060 Premises Identification
17.04.065 Key Boxes
17.04.070 Fire Protection Water Supplies
17.04.075 Fire Command Center
17.04.080 Fuel -Fired Appliances
17.04.085 Shunt Trip - Prohibited
17.04.090 Additions and Alterations — Fire Sprinkler Systems
17.04.091 Provisions for all Sprinklered Buildings
17.04.092
Where Required
17.04.093
Existing Buildings and Structures
17.04.094
Inspectors Test
17.04.095
Additional Residential Sprinkler Locations
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17.04.096 Monitoring
17.04.100 Hazard Identification Signs
17.04.105 Deposits of hazardous materials and unlawful burning — Cleanup or
abatement — Liability for costs.
17.04.010 Adoption of text of the California Fire Code and the International Fire Code.
There is adopted by the City for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion, that certain code which contair
building standards known as the 2016 California Fire Code (International Fire Code, 2015
Edition as amended by the State of California), and the non -building standards known as the
International Fire Code, 2015 Edition, together with all appendices, except Appendices A, D, ar
J, and the State of California amendments thereto, save and except such portions as are in this
chapter deleted, modified, or amended.
17.04.020 Amendments to the California Fire Code and International Fire Code
The California Fire Code and the International Fire Code are amended or
modified as follows:
17.04.025 Chapter 1, Division II, Section 102.2, IFC is amended—Administrative,
operational and maintenance provisions.
Section 102.2 is amended to delete item #2 of this section.
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17.04.030 Chapter 1, Division II, Section 105.3.3, IFC and 105.4.1.1, IFC is amended —
Occupancy prohibited before approval and Examination of Documents
Section 105.3.3 is deleted in its entirety and replaced with the following:
Section 105.3.3. No final inspection by the Building Official as to all or any portion of a
development shall be deemed complete, and no certificate of occupancy or temporary
certificate of occupancy shall be issued unless and until the installation of the prescribed
fire protection facilities and access ways have been completed and approved by the Fire
Chief.
Section 105.4.1.1 is deleted in its entirety and replaced with the following:
Section 105.4.1.1. When required by the fire code official, plans submitted to the
Building Official for a permit shall be reviewed by the Fire Chief to determine
compliance with the California Fire Code and the International Fire Code. Upon review
written report shall be returned to the Building Official listing deficiencies or compliance
with the Code.
17.04.035 Chapter 1, Section 105.8, IFC is added -- Fees.
Section 105.8, IFC is added to this code and shall read as follows:
Section 105.8. Fees and Special Requirements
a. The fees for the permits and other services shall be as established by resolution of
the Central County Fire Department Fire Board as amended from time to time.
The fee shall be set to cover the cost of the Fire Department to review and inspec
the intended activities, operations or functions. The fees must be applied to the
appropriate agency, City of Burlingame or Central County Fire Department,
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depending on the type of service.
EXCEPTION: (1) The applicant for a given permit shall be exempt from the
payment when the work to be conducted is for the City of Burlingame under
written contract to the City or for events sponsored or co-sponsored by the City.
b. In the case of multiple permits for an applicant, the permit applicant will be
charged the single highest listed rate of all the permits required. The other
permitable items will be charged at a rate of 50% of the listed fee as long as the
permits are for the same address.
C. Where processes or materials are inherent with a permitable item, subsequent fees
may be waived at the discretion of fire chief.
d. All fire permits and fire construction permits shall have a set number of
inspections per permit as set forth by the Central County Fire Department Fee
Schedule. Additional inspections and additional re -inspections will be billed at
hourly rate consistent with the Central County Fire Department Fee Schedule.
e. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.)
shall be submitted 14 days prior to the event date. Applications submitted within
13 days prior to the event date shall be charged double the regular permit rate as
established by the Central County Fire Department Fee Schedule.
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f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the
normal hourly rate. "After Hours" inspections will be billed at a rate of three
hours minimum. "After Hours" inspections are defined as follows: Inspections
conducted outside of normal business hours for the Fire Prevention Division, as
defined on the Central County Fire Department website.
g. Any person, group, organization, institution or business failing to pay the
applicable fees under this Article shall after 30 days of the due date, for either
existing or new permit applicants, shall be issued a citation for non-payment of
the required permit fee. The penalty for all permit payments delinquent after 30
days shall be a doubling of the original fee.
17.04.040 Chapter 1, Section 108, IFC is amended
Board of Appeals.
Section 108, IFC is deleted in its entirety and replaced with the following:
Section 108. Appeal and review.
(a) The chief of the fire department shall be charged with the duty and
responsibility of administering the provisions of this chapter.
(b) Whenever it is provided herein that certain actions shall be done in accordance
with an order of the fire department, such order shall be complied with. Any person aggrieved
thereby, may appeal to the fire chief in writing within ten (10) days after the date of such order,
except as otherwise provided in this chapter. The fire chief shall issue a written decision to
affirm, modify or reverse the order within two (2) business days of the receipt of the appeal. The
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fire chief s written decision may be appealed to the City Council no later than ten (10) days from
the date of the fire chief s written decision. The City Council's decision shall be final and
conclusive. Except in the cases of immediate hazard, the enforcement of the order shall be
suspended until such person has exhausted the appeal process as described above.
17.04.045 Chapter 1, Section 113.1, IFC is added — Investigation and Fee
Section 113. 1.1 and 113.1.2, IFC is added to this code and shall read as follows:
Section 113.1.1. Investigation — Work without a permit
Investigation. Whenever construction or work for which a permit is required by
this code and has been commenced without first obtaining a permit, a special investigation shall
be made before a permit may be issued for the work. All work done without a required permit,
including demolition of all or part of a structure or system shall be subject to the investigation
and fees imposed by this section.
Section 113.1.2. Fee — Work without a permit
In the event work is done without an issued permit, an investigation fee, in
addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or
subsequently issued. The investigation fee shall be up to 10 times the fire permit fee. The
investigation fee shall be determined by the Fire Chief and shall be based on the staff time
reasonably required to resolve all of the issues relegate to the work that has been performed
without a permit. No construction work permit shall be issued until the investigation fee has
paid in full.
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Nothing in this section shall relieve any persons from fully complying with the
requirements of this code, in the execution of the work, or from any other fees or penalties
prescribed by law.
1 17.04.050 Sections 315, IFC -General Storage.
Section 315.2, CFC is amended and Section 315.3.5 is added to read as follows:
Section 315.2 Permit required. A permit for miscellaneous combustible materials shall be
required as set forth in Section 105.6.
Exception:
Storage of combustible materials other than motorized vehicles or vessels shall not be
permitted in a public parking garage or in a garage or carport serving a Group R, Divisi
1 or Group R, Division 2 Occupancy, unless the method of storage is approved by the
Fire Code Official.
Section 315.3.5, CFC is added to read as follows:
Section 315.3.5. Designation of storage heights. Where required by the fire code official,
a visual method of indicating the maximum allowable storage height shall be provided in
accordance with Section 315.3.5.1, CFC.
Section 315.3.5.1, CFC added to read as follows:
Section 315.3.5.1. The approved visual method of indicating maximum allowable
shall be a four (4") inch wide line in contrasting color along a wall or storage rack.
17.04.055 Section 503.3, IFC - Marking.
Section 503.3, IFC is amended by adding section 503.3.1 to read as follows:
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Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the
following means:
1. By white signs measuring at least 12 inches by 18 (12" x 18") inches posted
immediately adjacent thereto and clearly visible. It should clearly state, in red
letters not less than one inch (1 ") in height, that the space is a fire lane and
parking is prohibited.
2. By outlining and hash marking the area in contrasting colors clearly marking it
with the words "Fire Lane - No Parking."
3. By identifying the space with a red curb upon which the words "Fire Lane - No
Parking" are stenciled every 15 feet.
a. Both sides of fire lanes shall be red curbed when the fire lane is twenty
(20) to twenty-eight (28) feet in width.
b. At least one side of a fire lane shall be red curbed and stenciled when the
fire lane is over twenty eight (28) and up to thirty-six (36) feet in width.
C. Curbs need not be painted red nor stenciled when the fire lane is more the
thirty-six (36) feet in width.
17.04.060 Sections 505.1 through 505.1.3, CFC - Premises identification.
Section 505. 1.1 is added to read as follows:
Section 505.1.1 Size of numbers shall be as follows:
1. When the structure is thirty-six (36) to fifty (50) feet from the street or fire
apparatus access, a minimum of one -half-inch (Y2") stroke by six inches (6") high
is required.
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2. When the structure is more than fifty (50) feet from the street or fire apparatus
access, a minimum of one -inch (1") stroke by nine inches (9") high is required.
Sections 505.1.2 and 505.1.3, CFC are added to read as follows:
Section 505.1. Multi -Tenant Buildings. Numbers or letters shall be designated on all
occupancies within a building. Size shall be a minimum of one-half inch (1/2") stroke by
four inches (4") high and on a contrasting background. Directional address numbers or
letters shall be provided. Said addresses or numbers shall be posted at a height no greater
than 5 feet, 6 inches (5'6") above the finished floor and shall be either internally or
externally illuminated in all new construction.
Section 505.1.3 Rear Addressing. When required by the chief, approved numbers or
addresses shall be placed on all new and existing buildings in such a position as to be
plainly visible and legible from the fire apparatus road at the back of a property or where
rear parking lots or alleys provide and acceptable vehicular access. Number stroke and
size shall comply with 505.1.1.
17.04.065 Sections 506.1, CFC -Key Boxes.
Section 506.1, CFC is amended and 506.1.1.1, CFC is added to read as follows:
Section 506.1 is modified to include:
Section 506.1 Where Required. The key box shall be of an approved type and shall
contain contents as established in Section 506.1.1.1. A key box shall be installed in
accordance with Fire Department standards for all new buildings. For existing buildings
equipped with key box, it shall be upgraded to current Fire Department standards at time
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An emergency gate key switch shall be installed on all new electronic driveway or
entryway gates. The key switch shall conform to current Fire Department standards.
Section 506.1.1.1, CFC is added to read as follows:
Section 506.1.1.1 Key box contents requirements. The key provided shall be a master
to all spaces including multi -tenant spaces. Additional keys shall be included for elevator
control, fire alarm control panels, and fire sprinkler control valve access. Contents inside
key box shall follow approved fire department standards. If the business/operation is
required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be
included in the key box.
17.04.070 Section 507 —Fire Protection Water Supplies
Section 507.5.4.1 CFC is added to read as follow:
Section 507.5.4.1. Private Hydrants. Whenever any on-site fire protection equipment or
access ways have been installed as provided in this section, the following provision shall
apply:
With respect to hydrants located along private access ways where curbs exist, said
curbs shall be painted red or otherwise appropriately marked by the owner, lessee or
other person in charge of the premises, to prohibit parking for a distance of 10 feet in
either direction from such hydrant. In such cases where curbs do not exist, there shall be
appropriate markings painted on the pavement, or signs erected, or both giving notice
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parking is prohibited for a distance of 10 feet from any such hydrant.
17.04.075 Section 508 — Fire Command Center
Section 508.1.1.1 CFC is added to read as follows:
Section 508.1.1.1. Requirements. Fire command center shall be equipped with an
exterior door and be located at the exterior of the building at a location approved by the
Fire Chief.
17.04.080 Section 603, CFC - Fuel -Fired Appliances
Section 603.6.6, CFC is added to read as follows:
Section 603.6.6 Spark arrestors. Every chimney shall have an internally or externally
mounted spark arrestor. 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 department. All chimneys as described in section 603.6 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.
a. 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.
a. The final building pen -nit sign off shall not be made until each such
chimney contains the required spark arrestor, properly installed and in
proper working order.
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17.04.085 Section 607.9, CFC - Shunt Trip.
Section 607.9 is deleted and replaced in its entirety with the following:
Section 607.9. Shunt Trip Prohibited. Where elevator hoistways and/or elevator machine
rooms containing elevator control equipment are located within buildings equipped with
automatic fire sprinklers, the following is required in lieu of a shunt trip:
L The elevator machine room shall be constructed with the minimum fire rating as
the hoistway. For non -rated hoistways, the minimum rating shall be one hour
throughout in accordance with Section 707 of the California Building Code for
fire barriers.
2. Fire sprinklers at the top of the hoistway and inside the elevator machine room
shall not be installed
3. Means for elevator shutdown shall not be installed.
17.04.090 Section 903.1.2, CFC - Additions and Alterations.
Section 903.1.2, CFC is added to read as follows:
Section 903.1.2 Additions and Alterations. The standard for calculating the size of
addition and/or alteration for determining the threshold for fire sprinkler systems shall b<
1. The square footage of every room being added or altered shall be included in the
calculation of total square footage of addition or alteration.
2. The entire square footage of an individual room shall be considered added or
altered when at least fifty percent (50%) or greater of the linear length of interior
wall sheeting or ceiling of any one wall within the room is new, removed, or
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replaced.
17.04.091 Section 903.1.3, CFC - Provisions for all sprinklered buildings.
Section 903.1.3, CFC is added to read as follows:
Section 903.1.3, Provisions for all sprinklered buildings:
1. When a commercial 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
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by Central County Fire Department.
17.04.092 Section 903.2, CFC is amended — Where required.
Section 903.2, CFC shall be deleted and replaced as follows:
Section 903.2 Where required. Approved automatic fire sprinkler systems shall be
installed in all new occupiable and/or habitable -buildings and structures. In addition, approved
automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1
through 903.2.19.
17.04.093 Section 903.2.20 and 903.2.21 CFC are added - Existing Buildings and
Structures.
Section 903.2.20 is added to read as follows:
Section 903.2.20, CFC Existing Buildings and Structures. All existing buildings and
structures shall be retroactively protected by an approved automatic extinguishing system
when the following conditions exist:
a. Commercial and multi -family residential buildings with a total building floor
area in excess of 2,000 square feet or more than two stories in height, and when additions
or alterations for which a building permit is required will exceed 1,200 square feet in
b. Residential one- and two-family dwellings and structures with a total building
floor area in excess of 2,000 square feet or more than two stories in height, and when
additions or alterations for which a building permit is required will exceed 750 square
feet in area.
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Exceptions:
1. Additions or alterations of commercial and multi -family residential buildings
that do not exceed 20% of the completed building's total replacement cost
calculation. The replacement cost calculations for the additions/alterations and
the completed building shall be calculated utilizing the latest Building Valuation
Data (BVD) published by the International Code Council.
2. Additions or alterations to residential one- and two-family dwellings and
structures that do not exceed 20% of the total square footage of the entire
completed building.
3. The cost of additions and alterations used in calculating the replacement cost
value formula shall be exclusive of the cost to design and install an automatic fire
sprinkler extinguishing system pursuant to this section; building roof
repair/replacement; fire damage repair; building heating and/or cooling unit
repair/replacement; and any other federal, state and local construction code
upgrade requirements including but not limited to the seismic retrofit
requirements, asbestos, and other hazardous material abatement.
Section 903.2.21, CFC is added with the following:
Section 903.2.21 Aggregate. The size or cost of additions and alterations used in
calculating the size or replacement cost value formula shall not be cumulative with
to individual additions or alterations in a building unless the following circumstance
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applies:
a) 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 square footage or replacement costs of these additions or alterations duri
this two (2) year period shall be aggregated for the purpose of determining calculations
Section 17.04. 090.
17.04.094 Section 903.3.1.4, CFC amended - Inspector's Test.
Section 903.3.1.4, CFC is added to read as follows:
Section 903.3.1.4 Inspectors Test Valves. Single-family residential fire sprinkler systems
within buildings greater than 3600 square feet shall be equipped with an inspectors test
valve for each system and located the furthest point away from the sprinkler riser.
17.04.095 Section 903.3.1.5, CFC is added - Additional Residential Sprinkler Locations.
Section 903.3.1.5, CFC is added to read as follows:
Section 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a
residential fire sprinkler system shall conform to the following:
1. Sprinklers shall be required throughout carports and garages.
Exception: Detached carports and garages less than 2,000 square feet in area and
separated from residential buildings complying with Section 503.1.2 and Table
602 of the building code and assuming a property line between all other
structures.
2. Sprinkler coverage shall be provided in the following locations:
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a. Attic access openings
b. Areas of attics and crawl spaces containing storage, mechanical and/or
electrical equipment.
17.04.096 Section 903.4.1 CFC is amended — Fire Sprinkler Monitoring Systems
Section 903.4.1 CFC is amended by adding the following
903.4.1 Monitoring. For new fire sprinkler monitoring systems, the approved supervisory
station shall be defined as a UL approved central receiving station.
17.04.100 Section 5003.5, CFC is amended — Hazard Identification Signs
Section 5003.5.2, CFC is added to read as follows:
5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings
so that they are clearly visible from at least two directions of travel.
1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs
shall not be placed on windows.
2. When NFPA 704 diamonds are required for the interior doors, the signs shall be
applied to the doors at a level no higher than the doorknob. The signs for the
interior doors shall be at least six inches by six inches (6"x 6").
3. The Fire Code Official may require fewer or more NFPA diamonds if the buildil
configuration or size makes it reasonably necessary.
17.04.105 Deposits of hazardous materials and unlawful burning-
--Liability for costs.
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(a) The fire department is authorized to clean up or abate the effects of any
hazardous material deposited upon or into property or facilities of the City. Any person who
intentionally or negligently caused such deposit shall be liable for the payment of all cleanup or
abatement costs incurred by the fire department. The remedy provided by this section shall be in
addition to any other remedies provided by law.
(b) For the purposes of this section, "hazardous materials" shall be defined as any
substances or materials, in a quantity or form which, in the determination of the fire chief or his
authorized representative, poses an imminent risk to life, health or safety of persons or property
or to the ecological balance of the environment, and shall include, but not be limited to, such
substances as explosives, radioactive materials, petroleum or petroleum products or gases;
poisons, etiologic (biologic) agents, flammables and corrosives.
(c) Any person in violation of Section 17.04.0 10 and 17.04.020 which results in
fire damage to persons or property shall be charged as unlawfully burning and is liable for costs
incurred by the fire department and other responding county or state fire agencies for
activities.
(d) For purposes of this section, costs incurred by the fire department shall
include, but shall not necessarily be limited to, the following: actual labor costs of city
including workers' compensation benefits, fringe benefits, administrative overhead; cost of
equipment operation, cost of materials obtained directly by the city; and cost of any contract
labor and materials.
Section 5. This ordinance shall be published as required by law, and shall be
effective on January 1, 2017, or when the ordinance is filed with the Building Standards
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Commission, whichever occurs later.
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do
hereby certify that the foregoing ordinance was introduced at a regular meeting of the City
Council held on the 17th day of, October 2016, and adopted thereafter at a regular meeting of
City Council held on the 7th day of November, 2016, by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk