Loading...
HomeMy WebLinkAboutOrd 18882 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE NO. 1 888 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2013 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2012 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. Itis surrounded by large areas of open space maintained in natural condition, as well as having a sibanificant 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 o] 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 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 move 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 confused _ 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 regardin g both point and non -point discharges. Section 17.04.035 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: -2- z 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 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 Definitions 17.04.055 Open Flames 17.04.060 Miscellaneous Combustible Materials Storage 17.04.065 Marking — Fire Lanes 17.04.070 Premises Identification 17.04.075 Key Boxes 17.04.080 Fire Protection Water Supplies. 17.04.085 Fire Command Center 17.04.090 Emergency Responder Radio Coverage 17.04.095 Fuel -Fired Appliances 17.04.100 Shunt Trip - Prohibited 17.04.105 Additions and Alterations —Fire Sprinkler Systems 17.04.106 Provisions for all Sprinklered Buildings 17.04.107 Where Required -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1204.108 Existing Buildings and Structures 17.04.109 Inspectors Test 17.04.110. Additional Residential Sprinkler Locations 17.04.115 Hazard Identification Signs 17.04.120 Unlawful burning and deposits of hazardous matcrials--Cleanup or abatement --Liability for costs. 17.04.125 Appeal and review. 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 contau building standards known as the 2013 California Fire Code (International Fire Code, 2012 Edition as amended by the State of California), and the non -building standards known as the International Fire Code, 2012 Edition, together with all appendices, except Appendices A, D, a 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. -4- 1 2 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102.2 is amended to delete item #2 of this section. 17.04.030 Chapter 1, Division B, Section 105.3.3, IFC and 105.4.1.1, IFC is amended — Occupancy prohibited before approval and Examination of Documents Section 1.05:3.3 is deleted in its entirety and replaced with th.e followsng: Sectiori 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 105.4.11. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the Building Official listing deficiencies or 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 an d shall read as follows: Section 105.8. Fees an d Special Requirements a. The to cover the cost of the Fire Department to review an fees for the permits and other services shall be as established by resolution of the Burlingame City Council as amended from time to time. The fee shall be set -5- d inspect the intended activities, operations or functions. The fees must be applied to the appropriate 1 2 agency, City of Burlingame or Central County Fire Department, depending on the I 3 type of service. 4 EXCEPTION:.(1) The applicant for a given permit shall be exempt from the 5 payment when the work to be conducted is for the City of Burlingame -under: - 6 written contract to the City or for events sponsored or co-sponsored by the City. 7 8 b. In the case of multiple permits for an applicant, the permit applicant will be 9 charged the single highest listed rate of all the permits required. The other 10 permitable items will be charged at a rate of 50% of the listed fee as long as the 11 permits are for the same address. 12 13 14 c. Where processes or materials are inherent with a permitable item, subsequent fees 15 may be waived at the discretion of Fire Chief. 16 17 d. All fire permits and fire construction permits shall have a set number of Is inspections per permit as set forth by the Burlingame Fee Schedule. Additional 19 inspections and additional re -inspections will be billed at an hourly rate consistent. 20 with the Burlingame Fee Schedule. 21 22 e. Application for "event' type pemlits (i.e.: Assembly, Pyrotechnic, Tents, etc.) 23 shall be submitted 14 days prior to the event date. Applications submitted within 24 13 days prior to the event date shall be charged double the regular permit rate as 25 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 established by the Burlingame Fee Schedule. 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 flours" inspections are defined as follows: Inspections conducted outside of normal business hours for the Fire Prevention Division: 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 and Section 108.2.1, IFC is added -- Board of Appeals. Section 108.1, IFC is deleted in its entirety and replaced with the Following: Section 108.1. In order to heat• and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is here by created a board of appeals. The Board of Appeals is identified as the Central County Fire Depart ment Joint Powers Authority Fire Board. fire code official shall be an ex -officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decision an d findings in writing to the appellate with a -7- 1' 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 duplicate copy to the fire code official. Section 108.1.2, IFC is added as follows: Section 108.1.2. Secretary of board. The Central County Fire Department Joint Powers Authority Board Secretary shall act as secretary of the board and shall keep a detailed record of all its proceedings,.which shall -set forth the reasons for its decisions; the vote of� each member, the absence of a member and any failure of a member to vote. Section 108.2.1, IFC is added with the following: Section 108.2.1. Applications for appeal specific to "Request for alternate -means of protection" in buildings regulated by the Office of the State Fire Marshal shall utilize the process identified in Section L11.2.5 in Chapter 1 of this Code. 17.ti4.645 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, or any other code adopted or incorporated by reference as a part of this code, has been commenceA without first obtaining a permit, a special investigation shall be made before a permit maybe issued for the work. Demolition of all or part of a structare or system without a required permit shall be subject to the investigation and fees imposed by this section. Section 113.1.2. Fee —Work without a 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 -g- 1 2 3 4 5 6 7 8 9 l0 11 72 13 14 15 19 20 21 22 23 24 25 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 been paid in full. Any person assessed such a fee may file an appeal with the city clerk within ten (10) days after written notice to such person of the assessment. A hearing upon such appeal sh thereafter be held by the city council; its decisions thereon shall be final. . Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law. 17.a4.o�a Section 202, CFC —Definitions Section 202, CFC is amended by adding the following definition: SKY LANTERN. An umnanned device with a fuel source that incorporates an open flame in order to make the device airbome. 17.04.055 Section 308, IFC —Open Flames Section 308.1.6.3, IFC is added to read as follows: 308.1.6.3 Sky lanterns. No person shall. release or cause to be released an untethered sky lantern 17.04.060 Sections 315, IFC -Miscellaneous Combustible Materials Storage. Section 315.2, IFC is amended by adding the following exception to read as follows: -9- 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 315.2 General. A permit miscellaneous combustible materials shall be required 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, Divis 1. or Group R; Division 2 Occupancy, unless the method of storage is approved by the Fire Code Oficial, 17.04.065 Section 503..3, IFC -Marking. Section 503.3, IFC is amended by adding section 503.3.1 to read as follows: Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means: 1. By 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 -10- 1 2 3 4" 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 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 th thirty-six (36) feet in width. 17.04.QZ0. Sections 505.1 through 505.1.3, CPC -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 (1/z") stroke by six inches (6") high is required. 2. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one -inch (I") 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 one-half inch (1/2") stroke by four inches (4") high and on a contrasting background. Directional address numbers or letters shall 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 nrunbers 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 -I1- 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall comply with 505.1.1. 17.04.075 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. - Secfion 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 key 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. 17.04.080 .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 be applicable: With respect to hydrants located along private access ways where curbs exist, said -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 curbs shall be painted red or other w se 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 parking is prohibited for a distance o£10 feet from any such hydrant. � 17.04.08 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. 17.04.090 Sections 510, IFC -Emergency Responder Radio Coverage Sections 510.7, IFC is added to read as follows: Section 510.7 Repeater Antenna on Buildings. All new and existing high-rise buildings shall provide a location on the building for installation of a repeater/receiver antenna and supporting equipment for City communications whenever a permit is secured to replace, modify, or upgrade any of the building's basic infrastructure utilities. An electrical supply source shall be provided by building owner or operator at the antenna/equipment location, an d reasonable access shall be provided by the building owner or operator to City staff and/or city contractors for installation of necessary telephone lines and for purposes of installation, maintenance, adjustment and repair of the antenna/equipment. This access and location agreement shall be recorded in terms that convey the intent and 13- 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meaning of this condition in a form approved by the City Attorney. 17.04.095 Section 603, CFC - Fuel -Fired Appliances Section 603.6.6, CFC is added to read as follows: Section 601.6.6 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 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 permit sign off shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order. 17.04.100 Section 607.6, CFC Shunt Trip. Section 607.6 is deleted and replaced in its entirety with the following: Section 607.6. 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: -14- 1 2 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The elevator machine room shall be constructed with the minimum fire rating as the hoistway 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 17.04.105 Section 903.1.2, CFC -Additions and Alterations. Section 903.1.2, CFC is added to read as follows: Section 903.1.2 Additions and Alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be 1. The square footage of every room being added 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 replaced. 17.04.106 Section 903.1.2, CFC. Provisions for all sprinklered buildings. -. Section 903.1.2, CFC is added to read as follows: Section 903.1.2 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 -15- I 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 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. Whence residential building is partially retrofitted w th 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. 17.04.107. Section 903.2, CFC is amended= Where required. Section 90.112 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. 17.04.108 Section 903.2.20, CFC Existing Buildings and Structures. All existing buildings an 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: d structures shall be retroactively protected by an approved automatic extinguishing s3 when the following conditions exist: 16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 a. Commercial and multi -family residential buildings with a total building floor area m excess of 2,000 square feet or more than two stories in height, and when additions or aherations for which a building permit is required will exceed 1,200 square feetin area. b. Residential one- and two-family dwellings and structures with a total building -floor area.in excess. of 2,000 square feet or inose than two stories in height, .and when additions or alterations for which a building permit is required will exceed 750 square feetin-area: 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 200/ 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; building heating an 17- d/or cooling unit repair/replacement; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. Section903.2.21, 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 regarc to individual additions or alterations in a building unless the following circumstance applies: a) Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period and said additions or alterations are made. to the premises, the sum of the size or costs of these additions or alterations during this two (2) year period shall be aggregated for the purpose of square footage calculations of Section 17.04.103. . 17.04.109 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. 17.04.110 Section 903.3.1.5, CFC is added-- Additional Residential Sprinkler Locations. Section 903.3.1.5, CFC is added to read as follows: 18- 1 2 3 4 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 903.3.1:5 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following: 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 of the building code and assuming a property line between all other structures. 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. 17a04e115 Section 5003.5, CFC is amended — Flazard Identification Signs Section 5003.5.2, CFC is added to read as follows: 5003.5.2 Sign size and locations._Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel. 1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows. 2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6"x 6"), 3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary. 19- 1 2 3 4 5 6 7 s 9 10 ll 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 17.04.120 Unlawful burning and deposits of hazardous materials- -Liability for costs. (a) The fire department is authorized to clean up or abate the effects of any hazardous material deposited upon or into property or faces of the city; and any person or persons who intentionally or negligently -caused such deposit shall be liable for the payment of all costs incurred by the fire department as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law. (b) For the proposes 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 unreasonable and imminent risk to life, health pr 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, flanmiables and corrosives. (c) Any person in violation of Section 17.04.020 which resuhs in fire damage to persons or property shall be charged as unlawfully burning and is liable for costs incurred by the fire department and other responding county or state fire agencies for suppression activities. (d) For purposes of this section, costs incurred by the fire department shall include, but shall not necessarily be limited to, the following: actual labor costs of city including workers' compensation benefits, fr inge benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor an d materials. 17.04.125 Appeal and review. -20- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 things shall be done in accordance. with the order, opinion or approval of the chief of the fire department, such order, opinion or approval shall he complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval. is erroneous or faulty, may appeal, except as otherwise provided in this chapter; to the city manager in writing within ten (l0) days after such order; opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within forty-eight hours thereafter; provided further that, if dissatisfied with the city manager's ruling thereon, that person may appeal to the city council at its next regular meeting thereafter, and the decision of the council shall be final and conclusive. In the meantime, except in the cases of immediate hazard, the order, opinion or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided. Section 5. 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 hereby 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 6. This ordinance shall be published as required by law, and shall be effective on January 1, 2014, or when the ordinance is filed with the Building Stan whichever occurs later. _21_ dards Commission, 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 I, MARY ELLEN KEARNEY, City Clerk of the City of Biuliugame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the. City Council held on the 16#4ay of, Septembg613,-and adopted thereafter at a regular meeting of the City. Council held on the 7thday of Oct ,2013, by the following vote: AYES: COUNCiLMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE _22_ City Clerk