Loading...
HomeMy WebLinkAboutOrd 18551 2 Ka G� 5 C� 7 0 11 12 14 15 16 17 19 20 21 22 23 24 25 ORDINANCE NO. 1855-2.010 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2010 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2009 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 of 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 eluninate 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 cormnunity could quickly spread because of the extensive, natural vegetation throughout the City. The City has a -1- 1 2 3 0 5 C 7 0 11 12 14 15 17 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. Ili addition, heavily traveled approach and departure routes for San Francisco International Airport are iminediately adjacent 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 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 Zoiung 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 17.04.030 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- 1 2 3 4 5 6 7 8 9 to 11 12 13_ 14 15 16 17 18 19 20 21 22 23 24 25 17.04.010 17.04.020 17.04.025 17.04.030 17.04.035 17.04.040 17.04.045 17.04.050 17.04.055 17.04.060 17.04.065 17.04.070 17.04.075 17.04.080 17.04.085 17.04.090 17.04.095 17.04.096 17.04.097 17.04.098 17.04.099 . Chapter 17.04 INTERNATIONAL FIRE CODE Adoption of the California Fire Code and International Fire Code. Amendments to the California Fire Code and International Fire Code. Certificate of Occupancy and Plan Review . Fees Board of Appeals Investigation and Fee —Work Without a Permit Definitions __ Miscellaneous Combustible Materials Storage Fireworks Marking —Fire Lanes Premises Identification Key Boxes Fire Command Center Fire Protection Equipment Identification and Access Emergency Responder Radio Coverage Fuel -Fired Appliances Additions and Alterations —Fire Sprinkler Systems Applicable to all Sprinl�lered Buildings Where Required Existing Buildings and Structures Inspectors Test -3- 1 �a 3 s 0 7 E -10 11 12 14 is 16 17 m 19 20 21 22 23 24 2s 17.04.100 17.04.105 17.04.110 17.04.115 17.04.010 Additional Residential Sprinl�ler Locations Signs Unlawful burning and deposits of hazardous materials --Cleanup or abatement --Liability for costs. Appeal and review. Adoption of text of the Califoi77ia 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 contains building standards known as the 2010 California Fire Code (International Fire Code, 2009 ', Edition as amended by the State of California), and the non -building standards lalown as the International Fire Code, 2009 Edition, together with all appendices 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 as follows: 17.04.025 Chapter 1, Section 105.3.3, IFC is amended and 105.4.1.1 is added -- Certificates of occupancy and plan review. 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 poi -tion 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 -4- 1 3 E 7 11 12 14 15 16 17 19 20 21 22 r:Tc? 24 25 fire protection facilities and access ways have been completed and approved by the Fire CMete Section 105.4.1.1 is added to read as follows: 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 Califonlia 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. 17.04.030 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 Burlingame City Council as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be applied to the appropriate agency, City of Burlingame or Central County Fire Department, 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 -5- 2 4 5 7 3 7 11 12 charged the single highest listed rate of all the perms required. The other pei7nitable 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 Burlingame Fee Schedule. Additional inspections and additional re -inspections will be billed at an hourly rate consistf with the Burlingame Fee Schedule. e. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) 14 15 shall be submitted 14 days prior to the event date. Applications submitted within 16 13 days prior to the event date shall be charged double the regular permit rate as 17 � ( established by the Burlingame Fee Schedule. 19 I ( f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the 20 I I normal hourly rate. "After Hours" inspections will be billed at a rate of three 21 I I hours minimum. "After Hours" inspections are defined as follows: Inspections 22 I I conducted outside of normal business hours for the Fire Prevention Division. 23 24 g. Any person, group, organization, institution or business failing to pay the 25 -6- 1 2 3 0 5 D 7 0 D 10 � 11 12 13 17.04.035 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 pernlit payments delinquent after 30 days shall be a doubling of the original fee. Chapter 1, Section 108, .IFC is modified �- Board of Appeals. Section 108.1, IFC is amended with the following: Section 108.1. In order to hear 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 hereby created a board of appeals. The Board of Appeals is identified as the Central County Fire Department Joint Powers Authority Fire Board. fire code official shall be an ex -officio member of said board but shall have no vote on matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decision and findings in writing to the appellate with a 14 15 duplicate copy to the fire code official. 16 I I Section 108.1.2, IFC is added as follows: 17 � � Section A101.5. Secretary of board. The Central County Fire Department Joint Powers 18 I I Authority Board Secretary shall act as secretary of the board and shall keep a detailed 19 I I record of all its proceedings, which shall set fol-th the reasons for its decisions, the vote 20 � � each member, the absence of a member and any failure of a member to vote. 21 I I Section 108.2.1, IFC is added with the following: 22 Section 108.2.1. Applications for appeal specific to "Request for alternate means of 23 protection" in buildings regulated by the Office of the State Fire Marshal shall utilize the 24 process identified in Section 1.11.2.5 in Chapter 1 of this Code. 25 -7- 1 2 3 G D 7 E l0 11 12 i� 15 16 17 m 20 21 22 23 24 25 17.04.040 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. hlvestigation —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 commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. Demolition of all or part of a structure 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 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 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 fiom any other fees or penalties prescribed by law. -8- 1 2 c 5 D E: 11 12 15 iC 17 19 ►�1 21 22 23 24 25 17.04.045 Section JUL, IFC - Definitions. Section 302, IFC is amended by adding the following definition: Fireworks. Any composition or device for the purpose of producing a visible or audible effeCL, for entertainment purposes by combustion, deflagration, detonation or any fireworks including "safe and sane" as defined by section 12529 of the State of Califonria Health and Safety Code: 17.04.050 Sections 315, IFC -Miscellaneous Combustible Materials Storage. Section 315.1, IFC is amended by adding the following exception to read as follows: Section 315.1 General. Storage, use and handling of miscellaneous combustible materials shall be in accordance with this section. A permit shall be obtained in accordance with Section 105.6. Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be penrritted in a public parl�ing garage or in a garage or carport serving a Group R, Di 1 or Group R, Division 2 Occupancy, unless the method of storage is approved by the Fire Code Official. 17.04.055 Section 318, IFC -Fireworks Sections 318.1 through 318.2, IFC are added to read as follows: Sections 318 -Fireworks Displays Section 318.1 General. The manufacture, storage, sale, possession, handle or use of all -9- 1 2 3 5 D _10 I 11 12 14 15 17 19 20 21 22 23 24 25 fireworks as defined in Section 302 is prohibited. Professional pyrotecln�ic fireworks presentations maybe approved by the. City Council upon the recoimnendation of the Fire Chief. Section 318.2 Seizure. The Chief shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this code. 1'7.04.060 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 parl�ing 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. -10- 1 2 3 4 17.04.065 5 7 0 D 11 12 14 15 16 17 m 20 21 22 23 24 c. Curbs need not be painted red nor stenciled when the fire lane is more thirty-six (36) feet in width. Sections 505:1 tluough 505.1.2; IFC -Premises identification. Section 505.1 is deleted in its entirety and replaced to read as follows: Section 505.1 Address numbers. New and existing buildings shall have approved numbers, building numbers or approved building identification placed in a position that plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either intei7ially or externally illuminated in all new construction. Size of numbers shall be as follows: 1. Minimum of one- half-inch (%2") stroke by four inches (4") high 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 ('/z") 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. Sections 505.1.1 and 505.1.2, IFC are added to read as follows: Section 505.1.1 Multi -Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall benne-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 -11- 1 2 5 C 7 0 it 12 14 15 16 17 20 21 22 23 24 25 illuminated in all new construction. Section 505.1.2 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 legiUle fiom 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. 17.04.070 Sections 506.1, IFC -Key Boxes. Section 506.1 is deleted in its entirety and replaced to read as follows: Section 506.1 Where Required. Where access to or within a structure or an area is restricted because of secured openings or where innnediate access is necessary for life- saving or fire -fighting purposes, the fire code official is authorized to require a key box be installed in an approved location. The lcey box shall be of an approved type and shall contain contents as established in Section 506.1.1.1. Section 506.1.1.1, IFC is added to read as follows: Section 506.1.1.1 Key box contents requirements. The lcey 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 lcey box shall follow approved fire depart ment standards. 17.04.075 Section 508 —Fire Command Center Section 508.1.1.1 IFC is added to read as follows: -12- Contents inside 1 3 4 5 7 D 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 Sections 509, IFC -Fire Protection Equipment Identification and Access Section 509.1.1, IFC is added to read as follows: Section 509.1.1. Utility Identification. In multi -unit connnercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the units or spaces that they serve. 11 17.04.085 12 Sections 510. 13 14 15 16 17 m 19 20 21 22 23 24 Sections 510, IFC -Emergency Responder Radio Coverage IFC is added to read as follows: Section 510.4 Repeater Antenna on Buildings. All new and existing high-rise buildings shall provide a location on the building for installation of a repeater/receiver anteiuza and supporting equipment for City connnunications whenever a permit is secured to replace, modify, or upgrade any of the building's basic infi astructure utilities. An electrical source shall be provided by building owner or operator at the antemZa/equipment location, and 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 tei-�ns that convey the intent and meaning of this condition in a form approved by the City Attoi7iey. -13- 1 2 �� 4 5 7 0 D 11 12 K1 16 17 19 20 21 22 23 24 25 17.04.090 Sections 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 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 thie sale or transfer of the real property on.which any chimney is located. 17.04.095 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. In the event of any construction on such property for which a building permit is 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. 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 determining the size of addition and/or alteration for determining the tlu eshold for fire sprii�icler systems shall be determined by the following: 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. -14- i 2 3 D 7 E:3 D 11 12 1 15 17 18 21 22 23 24 25 2 3. 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. 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 concrete, brick or masonry walls of any one wall within the room is new, removed, or replaced. 17.04.096 Section 903.1.3, CFC. The following provisions apply to all sprinklered buildings: Section 903.1.3, CFC is added to read as follows: Section 903.1.3 1. The size or cost of additions and alterations used in calculating the size or replacement cost value formula shall not be cumulative with regard to individual additions or alterations in a building unless either of the following two circumstances apply: W a. here 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 of the same occupant. In such circumstances, 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 calculating the size or replacement cost value formula; -15- or b. Where more than one (1) addition or alteration for which building permits 1 have been issued have not yet received final Building Division approval. 2 3 In such circumstances, the sum of these issued but not yet finalized 4 building additions' or alterations' sizes or construction costs shall be 5 aggregated for the purpose of calculation of the size or replacement cost 6 value formula. 7 2. When a commercial building is partially retrofitted with an approved automatic 8 sprinlder fire extinguishing system pursuant to this section, the building owner 9 shall complete the fire extinguishing system retrofit throughout the unprotected iu building interior areas within six (6) years of completing the initial part ial retrofit 11 or within every tenant space where a building permit is obtained, whichever is 12 less. 13 14 15 3 When a residential building is partially retrofitted with an approved automatic 16 sprinkler fire extinguishing system pursuant to this section, the building fire 17 extinguishing system retrofit shall be completed throughout the unprotected 18 building interior areas within two (2) years from completing the initial partial 19 retrofit. 20 21 17.04.097 Section 903.2,CFC — Where required. 22 Section 903.2 CFC shall be deleted and replaced as follows: 23 Section 903.2 Where required. 24 Approved automatic fire sprinkler systems shall be installed in all new buildings 25 -16- 1 2 3 0 5 D 7 E 10 11 12 15 16 17 20 21 22 23 24 25 and structures. In addition, approved automatic fire sprii�lcler systems shall be provided in locations described in Sections 903.2.1 through 903.2.12. 17.04.098 Section 903.2.19, CFC added -Existing Buildings and Structures. Section 903.2.19 is added to read as follows: Section 903.2.19, 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. Exceptions: 1. Additions or alterations of commercial and multi -family residential buildings that do not exceed 20% of the entire completed building as defined by the Building Valuation Data (BVD) in the most recent edition of the Building Safety JournalOO as published by the International Code Council (ICC). -17- i 2 3 G 5 7 0 11 13 14 15 16 17 fE:� 19 20 21 22 23 24 25 2. Additions or alterations to residential one= and two-family dwellings and structures that do not exceed 20% of the total existing 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 and/or cooling unit repair/replacement; and any other federal, state and local constructiari code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. 17.04.099 Section 903.3.1.4, CFC added -Inspector's Test. Section 903.3.1.4, CFC is added to read as follows: Section 903.3.1.4 hlspectors Test Valves. Inspector Test Valves shall be provided for each system and located the furthest point away fiom the sprinkler riser. 17.04.100 Section 903.3.1.5, CFC added -Additional Residential Sprinlder Locations. Section 903.3.1.5, CFC is added to read as follows: Section 903.3.1.5 Additional Residential Sprinl�ler Locations. The installation of a residential fire spr-ii�icler system shall conform to the following: 1. Spiinlders shall be required in all restrooms, bathrooms, powder rooms, and toilet rooms regardless of their size. -18- 1 2 3 D 5 7 ,a 7 11 12 14 15 16 17 m 19 20 21 22 23 24 25 2. Sprii�l�lers shall be required.tluoughout 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. 3. Sprinkler coverage shall be provided ui the following locations: a. Attic access openings b. Areas of attics and crawl spaces containing storage, mechaiucal and/or electrical equipment. 17.04.105 Section 2703.6, IFC -Signs Section 2703.6.1, IFC is added to read as follows: 2703.6.1 Reauireinents. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel. 1. 2. 3. 17.04.110 The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows. 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"). The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary. Unlawful bunging and deposits of hazardous materials- --Liability far• costs. —19— 1 2 L? �� G 7 0 D 11 12 14 15 i� 17 19 20 21 22 23 24 25 (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; 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 purposes of this section, "hazardous materials" shall be defined as any substances or materials, in a quantity or form which, in the detei7nination of the fire chief or his authorized representative, poses an unreasonable and 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. c1 Anv person in violation of Section 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 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 p including workers' compensation benefits, fi-inge benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and materials. 17.04.115 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. -20- 1 2 3 D 7 0 11 12 13 14 15 16 17 20 21 22 23 24 25 (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 deparhnent, such order, opinion or approval shall be 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 (10) 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 fu1a1 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. This ordinance shall be published as required by law, and shall be effective on January 1, 2011, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. Mayor I, MARY ELLEN KEARNEY, City Clerlc 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 4thday of, n�.tnhPr 2010, and adopted thereafter at a regular meeting of the City Council held on the 18ttrlay ofOctobe�2010, by the following vote: —21— 1 AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, REIGHRAN, 2 3 NOES: COIJNCILMEMBERS:HONE 4 ABSENT: COUNCILMEMBERS: NONE 5 6 7 City Clerlc 8 9 14 15 16 17 18 19 20 21 22 23 24 25 -22-