9-1 1 BUILDING AND FIRE

Division 3. Voluntary Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings

9-1-16-A300: Adoption of Code

Division 4. Voluntary Earthquake Hazard Reduction in Existing Wood Frame Residential Buildings with Soft, Weak or Open Front Walls

9-1-16-A400: Adoption of Chapter A4 of the 2022 California Existing Building Code

Division 5. Earthquake Damage Repair of Welded Steel Moment Frame Buildings

9-1-16-500: Earthquake Damage Repair of Welded Steel Moment Frame Buildings

9-1-16-500.1: Purpose

9-1-16-500.2: Scope

9-1-16-500.3: Definitions

9-1-16-500.4: Inspection and Repair Required

9-1-16-500.5: Types of Damage

9-1-16-500.6: No Alterations Permitted Until Building Repaired

9-1-16-500.7: Inspection Order

9-1-16-500.8: Repair Order

9-1-16-500.9: Appeal from Orders

9-1-16-500.10: Time Extensions

9-1-16-500.11: Enforcement

ARTICLE 1. BUILDING ADMINISTRATIVE STANDARDS

DIVISION 1. CITY OF BURBANK ADMINISTRATIVE STANDARDS

9-1-1-101: GENERAL:

The provisions of this Article, including Division 1 (City of Burbank Administrative Code) and Division 2 (California Administrative Code), shall apply to all Articles within Chapter 1, Title 9 of the Burbank Municipal Code.

A. Title: This Chapter shall be known as the “City of Burbank Building Code.” In this Chapter where the phrase “Building Code” or “CBC” appears, such phrase shall be construed to refer to the most recent edition of the California Building Standards Code, which includes the California Administrative Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Fire Code, California Existing Building Code, California Green Building Standards Code, and California Referenced Standards Code, as more fully described in and adopted in this Chapter.

B. Scope: This Article shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building, property, health and safety regulations within this title which regulate site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of buildings or structures or any appurtenances connected or attached to such buildings and structures. This article shall be referred to as the “City of Burbank Building Administrative Standards” or the “Building Administrative Code”.

Except as changed or modified in this Chapter, the building standards which are published in the California Building Standards Code are applicable to all occupancies and uses within the City. Amendments to the building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by California state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.

C. Intent: The purpose of this Chapter is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.

Certain changes and modifications have been made during the City’s adoption of the California Building Standards Code because of specific local conditions. The provisions of this Chapter are intended to confer a benefit on the community as a whole and are not intended to establish a duty-of-care toward any particular person.

This Chapter shall not be construed to hold the City of Burbank or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Chapter. By adopting the provisions of this Chapter, the City does not intend to impose on itself, its employees or agents any mandatory duties-of-care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.

D. Numbering. In order to provide consistency between this Chapter and the provisions of the California Building Standards Code, the section, subsection, and paragraph numbers or designations of the California Building Standards Code and its parts shall be retained in this Chapter to the extent applicable, and shall be preceded by a prefix referring to Title 9, Chapter 1, and the relevant Article number of the Burbank Municipal Code, followed by the Part number of the California Building Standards Code.

E. Inspection: Copies of codes adopted by reference throughout this Chapter are on file in the office of the Building and Safety Division, and are available for public inspection. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-102: DEFINITIONS:

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this section.

Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING OFFICIAL: The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. “Building Official” shall be synonymous with the term “Assistant Community Development Director/Building Official” or “Building Director” of the City.

BUILDING SERVICE EQUIPMENT: Refers to plumbing, mechanical, electrical and elevator equipment, devices and installations including, but not limited to, piping, conduits, raceways, conductors, and fixtures which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use. This term shall include “system service equipment.”

FIRE OFFICIAL: The officer of other designated authority charged with the administration and enforcement of the Fire Code, or a regularly authorized deputy. Used herein, the term Fire Chief, or his or her designee, shall be construed to mean the fire official. Whenever the term or title “fire official” or other similar designation is used herein, it shall be construed to mean the fire official designated by the Council of the City of Burbank, as applicable in enforcing the administrative code as it pertains to the California Fire Code.

JURISDICTION: As used in this code, is the City of Burbank, California.

RESPONSIBLE PERSON: Includes all persons, whether as owners, lessees, occupants or others, who allow, cause, create, maintain, suffer, or permit a violation of the Burbank Municipal Code to exist or continue, by any act or the omission of any act or duty.

SUCCESSFUL INSPECTION: A required inspection (as set forth in Section 9-1-1-110 of this Chapter) in which work inspected was determined by the Building Official or designee thereof to meet all applicable minimum code requirements and the inspection was approved and documented as successful by the Building and Safety Division.

TECHNICAL CODES: Refer to those codes adopted by the City of Burbank containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined.

VALUATION OR VALUE: As applied to improvements a building and its building service equipment, shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. Valuation or value, as applied to building permit fees, shall mean the estimated fair market value of the cost of all construction work for which the permit is issued as determined by the Building Official. To determine the valuation, the Building Official may use the most current building valuation table published by the International Code Council, the mean of three (3) responsible bids from properly licensed contractors or any other commonly accepted method to estimate construction costs. Soft cost including design services shall not be incorporated unless a design-build project approach is used. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-103: ORGANIZATION AND ENFORCEMENT:

A. The Building and Safety Division is hereby established in the City of Burbank as the building, code enforcement, and licensing division under the administrative and operational control of the Building Official.

B. Building Official: Whenever the term or title “building administration manager,” “code enforcement manager,” “building inspection manager,” “plan check manager,” “responsible official,” or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the Building Official designated by the Community Development Director.

C. Fire Official: Whenever the term or title “Building Official” or other similar designation is used herein, it shall be construed to mean the Fire Official as applicable in enforcing the California Fire Code and local amendments thereto. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-104: DUTIES AND POWERS OF THE BUILDING OFFICIAL:

The building official shall have the following powers and duties, in addition to those powers and duties outlined in the CBC:

A. Emergency Powers:

1. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or his/her designee may exercise any or all of the following powers in accordance with the provisions of the Burbank Municipal Code and applicable statues, codes and laws.

a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals.

b. Post the premises as unsafe, substandard or dangerous, and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter is rescinded in writing.

c. Order or conduct the boarding, fencing or securing of the building, structure, or the premises.

d. Order or conduct the razing and grading of any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare.

e. Order or make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard.

f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative.

g. Take any other action as appropriate under the circumstances.

2. The Building Official or his/her designee shall comply with the following provisions when exercising emergency powers:

a. In determining the existence of an imminent life safety hazard, the Building Official or his/her designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.

b. The Building Official or his/her designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists. If the Building Official or his designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice.

c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare shall be determined by the Building Official or his designee.

3. The Building Official or his/her designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.

4. In any undertaking by the City to address or abate an emergency situation or imminent life safety hazard where the City expends funds in the undertaking of such abatement, the owner of a building, structure or property shall pay for the costs associated with the abatement.

5. Appeal from the Exercise of Emergency Powers: An owner or occupant of a premises that is subject to the Building Official’s actions under this section may appeal the Building Official’s exercise of emergency powers or payment of abatement fees in accordance with the procedures set forth in Section 9-1-1-113 in the Burbank Municipal Code. A timely appeal shall not stay the effectiveness of an issued order to vacate and/or an order to not enter.

6. Violation: It shall be unlawful and a violation of this code for any person to fail to comply with an order to vacate and/or an order to not enter issued under this section. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105: PERMITS:

In addition to the provisions of Section 105 of Part 2 of the California Building Standards Code, the following provisions shall apply to work conducted pursuant to this Chapter.

A. Sandblasting: No person shall engage in any sandblasting on the inside or outside of any building or structure within the City without first making application, paying fees, and obtaining a permit from the Building Official. The sandblasting operation shall at all times be protected and separated from any adjoining property by canvas or other suitable barriers sufficient to prevent splashing or blowing of water or sand, or both. Failure to comply with any provision of this code shall be cause for the immediate revocation of any permit and the immediate stoppage of the sandblasting on any job.

1. Dry Sandblasting. Dry sandblasting is prohibited unless authorized by special permission of the Building Official endorsed upon the permit. Permission for dry sandblasting shall be granted only when it is not possible to employ wet sandblasting. When dry sandblasting is permitted, the Building Official may impose such conditions as he may deem necessary for the protection of the public and adjacent property.

2. Use of Canvas. Sandblasting operations shall at all times be separated from adjacent property by canvas or other suitable barrier to prevent the splashing or blowing of water or sand thereupon.

3. Stoppage of Work. The Building Official may order the immediate stoppage of sandblasting for failure to comply with any provision of this article. Disobedience of such order shall constitute a misdemeanor.

4. Pollution and Discharge Runoff. Sandblasting operations shall comply with the requirements of Title 9, Chapter 3, Article 4, Standard Urban Storm Water and Urban Runoff Management Programs, of this code.

B. Minor Repairs: Application or notice to the Building Official is not required for minor repairs, such as to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal, obstruction or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

C. Demolition of Buildings and Structures: It shall be unlawful for any person to demolish any building or structure, or portion thereof, within the City without first obtaining a permit from the Building Official. The amount of the fee for the permit shall be established by City fee resolution.

1. The permittee shall comply with the following requirements before a permit to perform demolition may be issued under this section:

a. A construction fence shall be installed to screen the site from view on public property, if required by the Building Official. The composition, location and effectiveness of the proposed fence for screening purposes shall meet the approval of Building Official, which shall be confirmed in writing.

b. Water service shall be maintained on the site for the duration of the demolition project and for any subsequent development or improvements on the subject property.

c. When required by other provisions of this code, bonds and insurance shall be posted with the City.

d. All utility companies shall be notified in writing by the owner of the property of the intention to demolish the building or structure.

e. A permit shall be obtained to remove and fill any basement, pool, sump, or other depression in the surface of the lot or parcel of land.

f. A permit shall be obtained to cap the sewer and any drains connecting to the building or structure. The sewer and drains shall be capped at the property line unless otherwise approved by the Building Official in writing. The sewer caps shall be inspected and approved by the Building Official.

g. The building shall be inspected by qualified individuals for the presence of asbestos or other hazardous materials. If the building is found to contain asbestos or hazardous materials, the building owner or his representative shall submit a letter to the Building Official so stating. If the building is found to contain asbestos, then an asbestos abatement permit shall be obtained from the department upon submittal by the applicant of all necessary documentation as required by Rule 1403 of the South Coast Air Quality Management District. Demolition permits shall not be issued prior to submittal of an asbestos abatement completion certificate by qualified contractors and full abatement of other hazardous materials.

h. The building shall be inspected for rats and rodent infestation and a report from qualified individuals that are acceptable to the Building Official shall be submitted attesting that the building is free of any rats or rodents prior to issuance of the demolition permit. If the building is found to be infested, then proper eradication measures by qualified individuals shall be implemented and a report attesting to the eradication of the rodent infestation shall be submitted prior to issuance of the demolition permit.

i. A list of building addresses to be demolished with square footage and occupancy and use type.

j. Confirmation of an approved haul route of vehicles associated with the demolition procedures.

k. Any work related to the public right-of-way or streets shall first obtain approval from the Burbank Department of Public Works.

l. Best Management Practice and Storm Water Pollution Prevention Plan measures shall be incorporated into the site during and following demolition.

m. A sign posted on site with contact information for the owner and project manager.

n. A schedule of the demolition with specific execution measures.

o. An onsite pre-construction meeting with City inspection staff and the demolition contractor.

2. Before a demolition permit shall receive final inspection approval and before the pertinent bonds are released, the following requirements shall be met:

a. All concrete, weeds, debris, stones, or other loose material shall be removed from the lot or parcel of land.

b. All basements, pools, tanks, sumps, or other subterranean structures shall be removed and backfilled and the lot properly graded.

c. The fence, when required by the Building Official, is installed and inspected.

3. Completion of Demolition: The demolition activities authorized by a demolition permit issued for a project required by this section shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the demolition permit shall be null and void, and of no further effect whatsoever.

4. Performance Bond: When a building is to be demolished, the permittee may be required to post a bond in compliance with the provisions of the Burbank Municipal Code as security for restoration of the site, or completion of the demolition. The amount of the bond shall be in an amount, as determined by the Building Official, which is sufficient to complete the demolition, or restore the site.

D. Responsible Person or Contractor of Record: When required by the Building Official, the contractor of record or a representative responsible person shall be present at the construction site at all times during the construction process. That person shall have the authority to address the concerns of neighboring property residents or occupants regarding the particular construction project. The names and telephone numbers of the contractor of record or the responsible person shall be conspicuously displayed at the construction site in a manner satisfactory to the Building Official.

E. Notice of Demolition/Construction: The property owner or the owner’s representative shall post at the construction site a notice of intent to do grading, construction or demolition that is readily visible at least ten (10) days prior to issuance of permit whenever the Building Official determines that the grading, demolition, or construction work will have a significant impact on the surrounding properties.

F. Construction Parking and Hauling Restrictions: No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the Building Official and City engineer, provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that all applicable fees specified by the City’s Fee Resolution have been paid. All hauling related to construction shall not be commenced without hauling permits from the City. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105.2: WORK EXEMPT FROM PERMIT:

Any exemption from a permit requirement as allowed by this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction. Note: Exempt one-story, detached accessory buildings used as tool and storage sheds, playhouses and similar uses not exceeding 120 square feet shall not contain any heating, plumbing, or electrical installations or be used for the storage of any hazardous materials. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105.5.1: PERMIT EXPIRATION:

A. Expiration of Permit: A permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one hundred eighty (180) calendar days from the issuance date of such permit. However, a permit for residential occupancies shall expire 365 days from the date of application as stated in AB 2913 (Wood).

B. Expiration of Permit for Unlawful Structure: Notwithstanding any provision of this subsection or any other provision of this chapter, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the Building Official prior to the expiration date of the original permit. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105.8: TO WHOM A PERMIT MAY BE ISSUED:

A. Issuance to State Licensees. No permit shall be issued to any person doing any work regulated by the California Building Code except to a person holding a valid, unexpired and unrevoked State license to do such work.

B. Issuance to Owners. Any permit required by this article may be issued to any person to do any construction or work regulated by the California Building Code in the event that such person is a bona fide owner of such property provided that the work is limited to:

1. A single-family dwelling of wood frame construction not more than two stories and basement in height.

2. Multiple dwellings containing no more than four dwelling units of wood frame construction not more than two stories in height. However, this shall not be construed as allowing an unlicensed person to construct multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.

3. Garages or other structures appurtenant to buildings described under subdivision (1) of wood frame construction not more than two stories and basement in height.

4. Nonstructural or non-seismic alterations or additions. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105.9: APPEALS:

Appeals of the Building Official’s decision to suspend or revoke any permit issued under this Code may be appealed within 60 days of the date of mailing notice of such suspension or revocation as stated in Section 9-1-1-113 of this Chapter. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-105.10: CONSTRUCTION HOURS:

The following construction hours shall apply to all construction, alteration, movement, enlargement, replacement, repair, equipment, maintenance, removal and demolition work regulated by this code:

Construction Hours:

Monday - Friday 7:00 a.m. to 7:00 p.m.

Saturday 8:00 a.m. to 5:00 p.m.

Sunday and City Holidays None

EXCEPTIONS:

1. Single-family residential owner-builder permits when work is performed solely by the owner and family members:

Monday - Friday 7:00 a.m. to 7:00 p.m.

Saturday 8:00 a.m. to 5:00 p.m.

Sunday and City Holidays 8:00 a.m. to 5:00 p.m. for interior work only.

2. Where work must be performed in an emergency situation, as defined in Section 9-3-204 of the Burbank Municipal Code.

3. The Community Development Director may grant exceptions wherever there are practical difficulties involved in carrying out the provisions of this section or other specific onsite activity warrants unique consideration.

4. The Planning Commission or City Council may grant exceptions pursuant to land use entitlements. [Added by Ord. No. 22-3,981, eff. 1/1/23. Amended by Ord. 22-3,983, eff. 12/16/22.]

9-1-1-107: SUBMITTAL DOCUMENTS:

A. Setback Certification Required: A California State licensed surveyor is required to certify the location and setbacks of all new construction prior to the first foundation inspection. A copy of the certification shall be available to the Building and Safety Division inspector for the job file prior to the first inspection.

EXCEPTION: Wherever there are practical difficulties involved in carrying out the provisions of this section, the Building Official shall have the authority to grant modifications for individual cases.

B. Construction Means and Method Plan:

1. When required by the City of Burbank, a construction means and method plan shall be provided to the Building Official. The construction means and method plan required by this code shall provide the following information:

a. A detailed description of the construction process, organized sequentially;

b. An explanation of the impact that this construction will have on the adjacent properties, the immediate surrounding neighborhood and the community;

c. A description of the construction mitigation measures that the owner will implement to minimize the impacts of noise, dust, vibrations, utility shutoffs, and other construction impacts on adjacent properties and the immediate surrounding neighborhood.

2. Compliance with Required Means and Method Plan:

a. General: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, sandblast or convert the use of any building, structure or building service equipment regulated by this code without complying with all conditions of any required construction means and methods plan.

b. Owner’s Responsibility: The property owner shall remain responsible for any violation of the construction means and method plan regardless of the responsibility of any other person for the violation or any contract or agreement the owner entered into with a third party concerning the owner’s property or the construction that necessitated the preparation of the means and method plan. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-107.3.1: APPROVAL OF CONSTRUCTION DOCUMENTS:

Section 107.3.1 of Chapter 1, Part 2, of the CBC is amended and restated as follows, and shall apply to all Articles in this Chapter:

107.3.1 Approval of construction documents. When the Building Official issues a permit the construction documents shall be approved, in writing or by stamp as “APPROVED”. One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.

Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this code shall be done in accordance with the plans marked “APPROVED”.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-109: FEES:

In addition to the provisions of Section 109 of Part 2 of the California Building Standards Code, the following provisions shall apply to work conducted pursuant to this Chapter.

A. Fees associated with any action taken or required pursuant to this Chapter shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.

B. Exemption from fees. The City, any department or office thereof acting on behalf of the City, any municipal utility wholly owned by the City, and the Burbank Unified School District, shall be exempt from the payment of all fees required by the Building Code. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City ordinances or State laws regulating such work.

C. Fees for copies.

1. Fees for file copies. At the time of issuance of permit, the applicant shall pay a fee, as set forth in the Burbank Fee Resolution, to the Building Official for digital copies of the approved construction documents, or other format approved by the Building Official, to serve as the official file copy of the corrected plans.

2. Fees for reproduction of file copies. The reproduction fee for file copies of official plans retained on microfilm shall be as set forth in the Burbank Fee Resolution.

D. Relocated Buildings Fees and Bond. The Building Official shall not issue a permit unless the provisions of the Burbank Municipal Code, insofar as applicable, have been complied with and until the permittee or an authorized agent shall have first deposited with the Building Official a cash bond in an amount equal to the estimated cost plus 10 percent of the work required to be done in order to comply with all of the conditions under which the permit is issued. Every such deposit made pursuant to this section shall be conditioned as follows:

1. Each and all of the terms and conditions of the permit shall be complied with to the satisfaction of the Building Official.

2. All of the work required to be done pursuant to the conditions of the permit shall be fully performed and completed within the time limit specified in the permit. If no time limit is specified, the work shall be completed within 90 days after the date of the issuance of the permit. The time limit herein specified in any permit issued under the provisions of this section may be extended for good and sufficient cause, either before or after said time period has expired, by written order of the Building Official.

3. If the permittee fails to fully perform and complete the work required to be done in order to comply with all of the conditions under which the permit is issued, or, if an extension or extensions have been granted by the Building Official, within the time specified in such extensions, the Building Official shall give written notice to the permittee of such default. Such notice of default shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. If compliance is not had within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever to cause the required work to be done and deduct from the cash bond deposited the cost of the work plus 10 percent which shall be retained by the City to cover administrative costs.

4. In lieu of completing the required work, the Building Official may demolish the building or structure and clear, clean, and restore the site and deduct from the cash bond deposited the cost of the work plus 10 percent thereof, which 10 percent shall be retained by the City to cover the administrative costs.

5. Every permittee accepting a permit hereunder shall agree to be bound by the above provisions without recourse to the City or any officer or Board of the City.

6. The term of each cash bond deposited pursuant to this section shall begin upon the date of deposit and shall end upon completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of this section. Upon such completion, the Building Official shall return the cash deposit to the depositor or the depositor’s successors or assigns, except any portion thereof which may have been used or deducted as provided in this section. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-109.4: INVESTIGATION FEES, WORK WITHOUT A PERMIT:

A. Investigation: Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.

B. Fee: Pursuant to Section 109.4 of Part 2 of the California Building Standards Code, an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-109.6: REFUND POLICY:

A. Plan Check Fees: No portion of the plan check fee shall be refunded unless plan review has not been performed, in which case 80 percent of the plan check fee shall be refunded upon written application for refund submitted by the person who made original payment of such fee and with the written consent of the owner of the real property on which the work was proposed to be done. The Building Official shall determine, in such official’s discretion, whether an applicant is qualified to receive a refund. After 180 days have elapsed from the date of the submittal for plan check, no plan check fees shall be refunded. In the event subsequent application for plan check is made by a person who has received a refund, the full amount of all required fees shall be paid as elsewhere provided in this chapter.

B. Permit Fees: In the event any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have commenced, nor any inspection performed by any City employee, and notice of abandonment has been received from the owner of the real property on which such work would have been performed, the permittee, upon presentation to the Building Official of a written request for refund, shall be entitled to a refund in an amount equal to 80 percent of the building permit fee actually paid for such permit. The Building Official shall determine, in such official’s discretion, whether an applicant is qualified to receive a refund. After 180 days have elapsed from the date of the issuance of the permit, no permit fees shall be refunded. In the event subsequent application for a permit is made by a person who has received a refund, the full amount of all required fees shall be paid as elsewhere provided in this chapter.

EXCEPTION:

1. If a permit has been issued for a project located in an area outside the jurisdiction of the City, 100 percent of the permit and plan checking fee may be refunded.

2. If a duplicate permit has been erroneously issued, 100 percent of the duplicated permit and plan checking fee may be refunded. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-110: INSPECTIONS:

In addition to the requirements contained in Section 110 of Part 2 of the California Building Standards Code, the following provisions shall apply to work completed pursuant to this Chapter.

A. Demolition, Excavation and Shoring Inspections: Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved.

The Building Official, upon notification, shall make the following inspections:

1. Demolition Inspection: To be made before demolition begins and after demolition is completed per approved plans but before construction, grading, or shoring is commenced.

2. Shoring and Excavation: To be made throughout and after shoring and excavations are complete and required before foundations are in place.

3. Basement and Subterranean Garage: To be made throughout and after the basement and subterranean footings and walls are in place.

B. Trades (Plumbing, Mechanical, Gas and Electrical Systems) Inspection: Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

C. Green Building Standards Inspection: To be made before work is concealed or made inaccessible based at the point in time when adequate stages of construction for the selected method of code compliance. Inspections shall be made to determine compliance with green building standards code and shall include, but not be limited to, inspections for site, parking, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality.

D. Site Grading/Landscaping: To be made before work is concealed or made inaccessible. Underground irrigation system shall be inspected before landscaping is installed. Planting compliant with this code needs to be installed prior to final approval.

E. Equipment Inspections: Equipment for which a permit is required by this code shall be inspected by the Building Official. Equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of equipment is complete, an additional and final inspection shall be made. Equipment regulated by this code shall not be connected to the water, fuel or power supply, or sewer system until authorized by the Building Official. The requirements of this section shall not be considered to prohibit the operation of equipment installed to replace existing equipment serving an occupied portion of the building in the event a request for inspection of such equipment has been filed with the Building Official not more than forty-eight (48) hours after the replacement work is completed, and before any portion of such equipment is concealed by permanent portions of the building.

F. Additional Required Inspections and Tests:

1. A preconstruction meeting with the City and the project personnel will be required prior to beginning any new building or when required by the City.

2. For all new construction and when required by the City, a licensed surveyor must certify that the location of the footing forms is per the approved plans before foundations can be poured. The surveyor must provide a plot plan showing precise dimensions to the property lines and the elevation of the forms as compared with the reference elevation shown on the approved plans.

3. For all new construction and when required by the City, a licensed surveyor must certify that the height of the building is in accordance with the approved plans. The surveyor must show the precise height of the building as compared with the reference elevation shown on the approved plans.

4. An approved weatherproofing consultant must certify the installation of weatherproofing on all retaining walls which are adjacent to interior areas of the building. The consultant will not be required if the installer is certified in writing by the manufacturer.

5. For all new construction and when required by the City, an approved weatherproofing consultant must certify that the weatherproofing elements of the building have been installed in accordance with the approved plans, all relevant codes, and per manufacturer’s specifications. At a minimum, an inspection and report will be required before plastering begins and before final approval is granted.

6. Prior to final approval, a certified air balancer must provide a written report showing the air volumes for all elements of a commercial garage exhaust system or a commercial kitchen hood system.

7. Prior to final approval, the City must witness a test of all fire smoke dampers.

8. Prior to rough framing inspection approval, and prior to final inspection approval, the City may verify conformity with applicable entitlements and zoning regulations.

G. Structural Observation: Structural observation shall be provided in Seismic Design Category D, E, or F as indicated in the California Building Code.

H. Inspection Record: Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted in a conspicuous place at the construction site a permit and inspection record such as to allow the Building Official conveniently to make the required entries regarding inspection of the work. The permit shall be posted in a location such that it is visible from the street. The permit, construction documents, and plans shall remain readily available on site until final approval has been granted by the Building Official. The requirements for posting and location of posting may be waived or modified by the Building Official as deemed necessary for the particular type of work.

Duplicate inspection cards may be issued upon payment of applicable fees as established by City Council resolution.

I. Inspection Requests: It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. Failure to do so constitutes a violation of this administrative code. The Building Official may require that every request for inspection be filed at least one business day before such inspection is desired. Such requests shall be made in a manner deemed acceptable by the Building Official. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of the work.

Failure of a permit holder to schedule and undergo all required progress, final or other inspections is a violation of this administrative code.

J. Approval Required: Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspection and shall either indicate that that portion of the construction is satisfactory as completed (which is referred to as a “successful inspection”) or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portion of work that does not comply with the code shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.

All work and installations that are authorized by a permit shall not become lawful until a permit holder has obtained a final inspection approval, which shall be in writing. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

K. Reinspections: A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the Burbank Fee Resolution. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-111: CERTIFICATE OF OCCUPANCY:

In addition to the requirements contained in Section 111 of Part 2 of the California Building Standards Code, the following provisions shall apply to work completed pursuant to this Chapter.

A. In lieu of a Certificate of Occupancy, when the building shell, including all structural elements, is completed and all life safety systems are installed and functional, the Building Official may issue a certificate of completion to allow a limited use but not occupancy of the building prior to issuance of the Certificate of Occupancy. A certificate of completion is issued to signify completion of a building exclusive of interior build out by a tenant or an owner.

B. Change in Use: Changes in the character or use of a building shall not be made except as specified in the building code and the residential code.

C. Temporary Occupancy:

1. Temporary Certificate: If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, they may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure; provided a cash deposit is made. The building official shall have the authority to authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a Temporary Certificate of Occupancy.

2. Fees and Bond:

a. A bond in the amount of two percent of the valuation of the building permit shall be provided by the applicant before issuance of a temporary certificate of occupancy. The bond shall assure the completion of the project. The bond shall be released to the applicant upon issuance of the certificate of occupancy in accordance with Section 111 of the California Building Code. If the Building Official determines that less than two percent of the work is necessary for completion, the Building Official may reduce the amount of the bond proportional to the incomplete work.

b. The City shall collect a fee for each temporary certificate of occupancy and temporary utilities release. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.

3. Application for Temporary Certificate of Occupancy: After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building Division, the Building Official may issue a temporary certificate of occupancy.

The application shall contain the following:

a. The building permit number.

b. The address of the structure.

c. The name and address of the owner.

d. A description of that portion of the structure for which the temporary certificate is issued.

e. A statement that all work shall conform to the provisions of the Building, Electrical, Mechanical, Plumbing, and Fire Codes, as amended, and the applicable provisions of the Burbank Municipal Code.

f. A statement that all work shall be completed within the time limitations granted by the temporary certificate of occupancy.

g. The Building Official may require the applicant of a temporary certificate of occupancy to also apply for a temporary utilities release.

4. Time Limitation of Temporary Certificate of Occupancy: Such temporary certificate of occupancy and temporary utilities release shall be valid for a period not to exceed 180 days. Additional temporary certificates of occupancy may be issued, if the application is approved by the Building Official. Upon expiration of a temporary certificate of occupancy, the building or structure shall require a certificate of occupancy in accordance with other provisions in this code. A violation of a condition shall constitute cause to revoke or suspend the temporary certificate.

D. Temporary Connection: The building official shall have the authority to authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a Temporary Certificate of Occupancy, provided a cash performance deposit is made in accordance with subsection C, above.

Applications for temporary connection to the utility service shall be submitted with the payment of fees as established by Council resolution. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-113: BOARD OF APPEALS:

In addition to the requirements in Section 113 of Part 2 of the California Building Standards Code, the following provisions shall apply.

A. BOARD MEMBER QUALIFICATIONS: Section 113.3 of Chapter 1, Part 2 of the California Building Standards Code is amended and restated as follows:

113.3 Qualifications. The board of appeals shall be the same as the City of Burbank Board of Building and Fire Code Appeals. The establishment and composition of the board and qualifications of board members are specified in Section 2-1-414 of the Burbank Municipal Code.

B. NOTICE OF APPEAL: Unless otherwise specified in this Code, prior to any appeal heard by the Board, a notice of appeal shall be filed with the Building Official stating the grounds for appeal set forth in the California Building Code Section 113.2. The Building Official shall fix a time and place for hearing such appeal within 60 days from the date notice of appeal was filed and shall give not less than five days’ notice therefor to appellant and to each member of the Board. No notice of appeal shall be accepted unless the appellant first pays to the Building Official the fee as designated in the Burbank Fee Resolution for filing such appeal. The decision of the Board shall be final and conclusive. Within seven days of the Board’s determination, exclusive of Saturdays, Sundays, and holidays, the Building Official shall give notice of the decision to the appellant. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-114: VIOLATIONS:

In addition to the provisions stated in Section 114 of Part 2 of the California Building Standards Code, the following provisions shall apply to violations of this Chapter.

A. General: The Building Official may record a notice with the Los Angeles County recorder’s office that a property, building, structure, land, or any portion thereof, is in violation of any provision of this code, provided that the provisions of this section are complied with. The remedy provided herein is cumulative to any other enforcement actions permitted by the California Building Code or the Burbank Municipal Code.

B. Recordation: If: a) the Building Official determines that any property, building, structure, land, or any portion thereof is in violation of any provision of this code; and if b) the Building Official gives written notice of said violation(s) to the owner of the subject property (as identified on the last equalized assessment roll of the Los Angeles County assessor’s office) as specified below; then the Building Official shall have the discretion to record with the Los Angeles County recorder’s office a notice of violation(s) concerning the subject property.

C. Notice: The written notice given pursuant to this section shall indicate:

1. The nature of the violation(s); and

2. That if corrective or other required actions to abate the violation(s) are not started and/or completed in accordance with stated deadlines, as established by the Building Official in said notice, the Building Official may, at any time after a missed deadline, record a notice of violation with the Los Angeles County recorder’s office against the subject property. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized Los Angeles County assessment roll. The mailed notice may be by registered, certified, or first class mail.

A notice of violation(s) may be combined with other notices that the Building Official issues in the administration and/or enforcement of this Code.

D. Rescission: Any owner who desires to have a notice of violation rescinded must first fully abate all violations with all required permits and inspection approvals, as required by the code. Upon determining full compliance with the code has occurred, the Building Official shall, within twenty (20) days of such a determination, file a rescission of notice of violation for recording with the Los Angeles County recorder’s office.

Following the recordation of a notice of violation the Building Official is not required to make any inspection or review of the premises to determine the continued existence of the noticed violation(s). It is the responsibility of the property owner, to obtain all permits and request inspections, undertake and complete all corrective or other required actions to abate the violation(s) so that a notice of violation may be rescinded.

E. Violation Penalties: Any person who violates a provision of this Building Code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive by the Building Official, or of a permit or certificate issued under the provisions of this Building Code, shall be subject to penalties or other remedies set forth in this code.

F. Costs: Any person that violates any provision of this code shall be responsible for the costs of any and all code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the Burbank Fee Schedule.

Any person violating the provisions of this Code shall reimburse the City for any and all costs, expenses and fees incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing or remediating any violation of this code. Such costs, expenses and fees to be paid to the City shall include all administrative expenses and all legal expenses, including costs and attorney fees in obtaining compliance and in litigation, including all costs and attorney fees on any appeal. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-116: UNSAFE BUILDINGS, STRUCTURES, EQUIPMENT, CONDITIONS:

In addition to the provisions stated in Section 116 of Part 2 of the California Building Standards Code, the following provisions shall apply to unsafe buildings, structures, uses, and building appendages.

All buildings, structures, or building service equipment, or portions thereof, that are or hereafter become unsafe, insanitary, or deficient or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to an existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this code or any other applicable ordinance of the City, are, for the purpose of this code, unsafe buildings or structures. As used herein, “abandonment” exists when a building or structure is not lawfully occupied and contains conditions that violate the Burbank Municipal Code, and for which all required submittals and fees to repair, demolish or replace said building or structure have not been received by any division of the Community Development Department for a period of six (6) months.

Building service equipment regulated by the Code, which constitutes a fire, electrical or health hazard, or an unsanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages.

Unsafe building or structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this Code. A vacant structure that is not secured against entry shall be deemed unsafe. No person shall own, use, occupy or maintain any unsafe building. All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain, correct, or abate a violation of this section, the Building Official may abate an unsafe condition by repair, rehabilitation, demolition or removal in accordance with the procedure specified in any articles of this chapter. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-1-117: BUILDING SECURITY:

The following sections are added to Chapter 1, Part 2 of the CBC to read as follows:

117. Building Security. Residential occupancies as referred to in Chapter 3 of the California Building Code shall comply with the security requirements in this section.

A. GENERAL REQUIREMENTS:

Doors, windows or hatchways for dwelling units, room units or housekeeping units, openings between attached garages and dwelling units, and openings in enclosed attached garages, other than vehicular access, shall be provided with devices designed to provide security for the occupants and property within.

B. DOORS:

Doors providing access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch. Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

C. WINDOWS:

1. Operable windows located in whole or in part within 6 feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with a window sash locking device.

2. Bars, grilles, grates or similar devices shall not be installed on any emergency or escape windows.

D. BASEMENT HATCHWAYS:

Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with devices that secure the units from unauthorized entry.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 2. CALIFORNIA ADMINISTRATIVE CODE

9-1-1-2: ADOPTION OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE:

Part 1 of Title 24 of the California Code of Regulations also known as the “California Administrative Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission, is hereby adopted by the City of Burbank and made a part of this Code without any local amendments thereto. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 2. CALIFORNIA BUILDING CODE

9-1-2: ADOPTION OF 2022 CALIFORNIA BUILDING CODE:

Part 2 of Title 24 of the California Code of Regulations, also known as the “California Building Code,” which is part of the California Building Standards Code, 2022 Edition, together with Appendices C, G, I, J, and P as adopted by the California Building Standards Commission is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-101.1: TITLE:

Section 101.1 of Chapter 1, Part 2 of the CBC is amended to read as follows:

101.1 Title. These regulations shall be known as the Building Code of the City of Burbank, hereinafter referred to as “this code.”

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-406.3.3.2: PORTE COCHERE:

The following section is added to Chapter 4, Part 2 of the CBC to read as follows:

406.3.3.2 Porte Cochere. Porte Cocheres attached to Group R-3 Occupancies which extend into a side yard, as permitted in BMC Section 10-1-1211(F), shall have fire resistance and protection as set forth in Section 705 and Tables 601 and 602 of the California Building Code. Firestopping and Draftstopping shall be provided in the attic space between the Porte Cochere and the dwelling as set forth in Section 717 of the California Building Code. The fire-resistive requirements shall apply to all elements of the structure, including, but not limited to, posts, columns, roof/ceiling assembly, projections, and other architectural elements. Distance shall be measured at right angles from the property line.

EXCEPTION: Porte Cocheres complying with the minimum fire-resistive requirements permitted in Chapter 7A of the California Building Code and Sections 9-1-2-701A.1.1 through 9-1-2-706A.2 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-705.3: BUILDINGS ON CONTIGUOUS LOTS:

The following section is added to Chapter 7, Part 2 of the CBC to read as follows:

705.3.1 Buildings on contiguous lots – lots under the same ownership or occupancy. In all cases involving contiguous lots owned or occupied by the same person, such lots, or portions of lots, may be considered as one lot for the purpose of enforcing Sections 705 and 715 of the Building Code, provided the owner and the tenant or lessee, if any, executes and records an agreement with the City to the satisfaction of the Building Official on a form approved by the City Attorney, assuring compliance with such provisions in the event the common ownership or occupancy of the lots is terminated. The Building Official is hereby authorized to execute such agreements on behalf of the City. An easement for right-of-way purposes shall constitute ownership or occupancy under this section.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-701A.1.1: ESTABLISHMENT OF THE BURBANK VERY HIGH FIRE HAZARD SEVERITY ZONE:

The following section is added to Chapter 7A, Part 2 of the CBC to read as follows:

701A.1.1 Establishment of the Burbank Very High Fire Hazard Severity Zone. For the purpose of the Building Code, the Burbank Very High Fire Hazard Severity Zone is hereby established. The boundaries of the Burbank Very High Fire Hazard Severity Zone are shown on a map designated “Burbank Very High Fire Hazard Severity Zone,” consisting of one sheet on file in the Office of the Building Official, which map, together with any amendments thereto, is hereby adopted and made a part of the Building Code. Construction in this zone shall comply with the additional requirements in this section.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-705A.2.1: CLASS A ROOF COVERING:

The following section is added to Chapter 7A, Part 2 of the CBC to read as follows:

705A.2.1 Class A roof covering. Roofs shall have a Class A roof covering or a Class A roof assembly.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-705A.4.1: ROOF GUTTERS AND DOWNSPOUTS:

The following section is added to Chapter 7A, Part 2 of the CBC to read as follows:

705A.4.1 Roof gutters and downspouts. Roof gutters and downspouts shall be constructed of noncombustible material.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-706A.2: VENT REQUIREMENTS:

Section 706A.2 of Chapter 7A, Part 2 of the CBC shall be amended to include the following subsection:

4. Gable end or dormer vents shall be located at least 10 feet from property lines.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1206.4.1: ALTERNATE SOUND TRANSMISSION CONTROL ASSEMBLIES FOR NEW SINGLE-FAMILY DWELLINGS:

Section 1206.4.1 of Chapter 12, Part 2 of the California Building Code shall be amended to include the following subsections:

A. LDN CONTOUR 60-65.

1. Roof assemblies shall be constructed with fiberglass batt insulation with a minimum R-value of 38.

2. Wall assemblies shall be constructed with fiberglass batt insulation with a minimum R-value of 15.

3. For exterior walls parallel to the noise source, or at some angle less than perpendicular to the noise source, all windows shall have a minimum STC rating of 40. All sliding glass doors and French doors shall have a minimum STC rating of 35. All windows shall be weather-stripped in accordance with the California Energy Efficiency Standards for Low-Rise Residential Buildings.

EXCEPTION: Stained glass panels.

4. All exterior doors shall be 1-3/4" solid-core, wood-slab doors, or 18-gage insulated steel-slab doors, with compression seals all around, including the threshold. All door glazing shall be 3/4" double-pane insulating units with double-strength 1/8" glass.

EXCEPTIONS:

a. Sliding glass and French doors. (See number 3 above)

b. Stained glass panels.

5. An acoustic acrylic mastic sealant (non-drying and non-hardening) shall be used to seal and caulk all penetrations in accordance with the California Energy Efficiency Standards for Low-Rise Residential Buildings.

6. A secondary weather-resistive barrier, or housewrap, shall be installed.

B. LDN CONTOURS 65-70 dB and 70-75 dB.

1. Structures in LDN contours 65-70 dB and 70-75 dB shall conform to the requirements for LDN contour 60-65 dB.

2. All windows shall have a minimum STC rating of 40. All sliding glass doors and French doors shall have a minimum STC rating of 35. All windows shall be weather-stripped in accordance with the Energy Efficiency Standards for Low-Rise Residential Buildings.

EXCEPTION: Stained glass panels.

All exterior walls parallel to the noise source, or at some angle less than perpendicular to the noise source, shall be constructed, on the interior surface, with resilient channels 24" o.c. attached at right angles to the wood studs, with one layer of gypsum wallboard applied parallel to the channels. End joints of the wallboard shall be back-blocked with resilient channels.

C. LDN CONTOUR 75-80 dB.

Dwellings located in a LDN contour of 75-80 dB or above shall meet the acoustical analysis requirements of Section 1206 of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1403.3.3: WOOD SHAKES AND SHINGLES PROHIBITED:

The following section is added to Chapter 14, Part 2 of the CBC to read as follows:

1403.3.3 Shakes and shingles. No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure. No wood board, hardboard, or engineered wood siding shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Very High Fire Hazard Severity Zone. Pressure-treated wood, intumescent paints, and other protective coatings shall not be allowed in the Burbank Very High Fire Hazard Severity Zone.

EXCEPTIONS: The following types of siding may be used:

1. Fiber-Cement siding with a Class A fire rating.

2. Vinyl siding with a Class A fire rating. Such vinyl siding shall be installed over one layer of Type X gypsum board with a minimum thickness of 1/2".

3. Alternate siding materials may be approved by the Building Official and Fire Chief in accordance with Section 104.11 of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1403.3.4: EXISTING WOOD EXTERIOR REPAIRS:

The following section is added to Chapter 14, Part 2 of the CBC to read as follows:

1403.3.4 Existing wood exterior repairs.

A. Burbank Municipal Code Section 9-1-2-1403.3.3 shall not apply when an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of less than 25 percent of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Very High Fire Hazard Severity Zone. No exterior repairs or installations shall be allowed in the Burbank Very High Fire Hazard Severity Zone.

B. Burbank Municipal Code Section 9-1-2-1403.3.3 shall not apply when an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of 25 percent or more of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Very High Fire Hazard Severity Zone. In such circumstances, if the building or structure is located in a commercial or industrial zone, pressure-treated wood shakes or pressure-treated wood shingles with a Class B rating shall be used with a one-hour wall and in all other areas of the City, pressure-treated wood shakes or pressure- treated wood shingles with a Class C rating shall be used with a one-hour wall. For the purposes of this ordinance, 25 percent of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall covering existing on the effective date of this ordinance. No wood exterior repairs or installations shall be allowed in the Burbank Very High Fire Hazard Severity Zone.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1404.2: WEATHER PROTECTION:

Section 1404.2 of Chapter 14, Part 2 of the CBC is amended to include the following subsection:

Exception: No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Very High Fire Hazard Severity Zone.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1405.1.1: COMBUSTIBLE WALL COVERINGS:

Section 1405.1.1 of Chapter 14, Part 2 of the CBC is amended to include the following subsection:

5. No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure. No wood board, hardboard, or engineered wood siding shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zone. Pressure-treated wood, intumescent paints, and other protective coatings shall not be allowed in the Burbank Very High Fire Hazard Severity Zone.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1501.1.1: WOOD ROOFS PROHIBITED:

The following section is added to Chapter 15, Part 2 of the CBC to read as follows:

1501.1.1 Wood roofs prohibited.

A. All wood shake or shingle roofs located outside of the Burbank Very High Fire Hazard Severity Zone. Notwithstanding any other requirement of the Burbank Municipal Code and the California Building Code, no wood shake or shingle roofs shall be permitted to remain on any building or structure after August 14, 2014.

B. All wood shake or shingle roofs located inside the Burbank Very High Fire Hazard Severity Zone. Notwithstanding any other requirement of the Burbank Municipal Code and the California Building Code, no wood shake or shingle roofs shall be permitted to remain on any building or structure after August 14, 2005.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1507.8: WOOD SHINGLES:

Section 1507.8 of Chapter 15, Part 2 of the CBC is amended and restated as follows:

1507.8 Wood shingles. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1507.9: WOOD SHAKES:

Section 1507.9 of Chapter 15, Part 2 of the CBC is amended and restated as follows:

1507.9 Wood shakes. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1512.2: RECOVERING VERSUS REPLACEMENT:

Section 1512.2.1(3) of Chapter 15, Part 2 of the CBC is not adopted. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1512.2.1: ROOF RECOVER:

Section 1512.2.1.1(2) of Chapter 15, Part 2 of the CBC is amended and restated as follows:

2. Where the existing roof covering is slate, clay, cement, asbestos-cement tile, wood shake or wood shingle.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1512.3: ROOF RECOVERING:

Section 1512.3 of Chapter 15, Part 2 of the CBC is amended and restated as follows:

No roof covering shall be applied over existing wood shakes or wood shingles. When a roof has two or more layers of roof covering, any of which is wood shake or wood shingle, all layers shall be completely removed before applying a new roof covering. Existing roof recovering over wood shakes or wood shingles shall be removed and replaced no later than August 14, 2020.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1612.3: ESTABLISHMENT OF FLOOD HAZARD AREAS:

Section 1612.3 of Chapter 16, Part 2 of the CBC is amended as follows:

A. Insert: “City of Burbank” into “[Insert Name of Local Jurisdiction]” field in Section 1612.3 of the California Building Code.

B. Insert: “January 20, 1999” into “[Insert Date of Issuance]” field in Section 1612.3 of the California Building Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1613.5: AMENDMENTS TO ASCE 7:

The following section is added to Chapter 16, Part 2 of the CBC to read as follows:

1613.5 Amendments to ASCE 7. The text of ASCE 7 shall be modified as indicated in Sections 1613.5 through 1613.5.1.

1613.5.1 Values for Vertical Combinations. ASCE 7, Section 12.2.3.1. The text of ASCE 7 Section 12.2.3.1 Exception 3 is modified as follows:

3. Detached one- and two-family dwellings up to two stories in height of light frame construction.

1613.5.2 Wood diaphragms. ASCE 7, Section 12.11.2.2.3. The text of ASCE 7 Section 12.11.2.2.3 is modified as follows:

12.11.2.2.3 Wood diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section. Continuous ties required by this section shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toenails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective for providing the ties or struts required by this section.

For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:

1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.

2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum diaphragm shear.

1613.5.3 Structural Separation. ASCE 7, Section 12.12.3. The text of ASCE 7 Section 12.12.3, Equation 12.12-1 is modified as follows:

δM = Cd δmax

(12.12-1)

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1613.6: SEISMIC DESIGN PROVISIONS FOR HILLSIDE BUILDINGS:

The following section is added to Chapter 16, Part 2 of the CBC to read as follows:

1613.6 Seismic design provisions for hillside buildings.

1613.6.1 Purpose. The purpose of this section is to establish minimum regulations for the design and construction of new buildings and additions to existing buildings when constructing such buildings on or into slopes steeper than one unit vertical in three units horizontal (33.3%). These regulations establish minimum standards for seismic force resistance to reduce the risk of injury or loss of life in the event of earthquakes.

1613.6.2 Scope. The provisions of this section shall apply to the design of the lateral-force-resisting system for hillside buildings at and below the base level diaphragm. The design of the lateral-force-resisting system above the base level diaphragm shall be in accordance with the provisions for seismic and wind design as required elsewhere in this division.

Exception: Non-habitable accessory buildings and decks not supporting or supported from the main building are exempt from these regulations.

1613.6.3 Definitions. For the purposes of this section certain terms are defined as follows:

BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the highest level of the foundation.

DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge.

DOWNHILL DIRECTION is the descending direction of the slope approximately perpendicular to the slope contours.

FOUNDATION is concrete or masonry which supports a building, including footings, stem walls, retaining walls, and grade beams.

FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a foundation running downhill and approximately perpendicular to the uphill foundation.

HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3%). If only a portion of the building is supported on or into the slope, these regulations apply to the entire building.

PRIMARY ANCHORS are diaphragm anchors designed for and providing a direct connection as described in Sections 1613.6.5 and 1613.6.7.3 between the diaphragm and the uphill foundation.

SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragm to foundation connection, as described in Sections 1613.6.6 and 1613.6.7.4.

UPHILL DIAPHRAGM EDGE is the edge of the diaphragm adjacent and closest to the highest ground level at the perimeter of the diaphragm.

UPHILL FOUNDATION is the foundation parallel and closest to the uphill diaphragm edge.

1613.6.4 Analysis and Design.

1613.6.4.1 General. Every hillside building within the scope of this section shall be analyzed, designed, and constructed in accordance with the provisions of this division. When the code-prescribed wind design produces greater effects, the wind design shall govern, but detailing requirements and limitations prescribed in this and referenced sections shall be followed.

1613.6.4.2 Base level diaphragm-downhill direction. The following provisions shall apply to the seismic analysis and design of the connections for the base level diaphragm in the downhill direction.

1613.6.4.2.1 Base for lateral force design defined. For seismic forces acting in the downhill direction, the base of the building shall be the floor at or closest to the top of the highest level of the foundation.

1613.6.4.2.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems. The total base shear shall include the forces tributary to the base level diaphragm including forces from the base level diaphragm.

1613.6.5 Base shear resistance-primary anchors.

1613.6.5.1 General. The base shear in the downhill direction shall be resisted through primary anchors from diaphragm struts provided in the base level diaphragm to the foundation.

1613.6.5.2 Location of primary anchors. A primary anchor and diaphragm strut shall be provided in line with each foundation extending in the downhill direction. Primary anchors and diaphragm struts shall also be provided where interior vertical lateral-force-resisting elements occur above and in contact with the base level diaphragm. The spacing of primary anchors and diaphragm struts or collectors shall in no case exceed 30 feet (9144 mm).

1613.6.5.3 Design of primary anchors and diaphragm struts. Primary anchors and diaphragm struts shall be designed in accordance with the requirements of Section 1613.6.8.

1613.6.5.4 Limitations. The following lateral-force-resisting elements shall not be designed to resist seismic forces below the base level diaphragm in the downhill direction:

1. Wood structural panel wall sheathing,

2. Cement plaster and lath,

3. Gypsum wallboard, and

4. Tension only braced frames.

Braced frames designed in accordance with the requirements of Section 2205.2.1.2 may be used to transfer forces from the primary anchors and diaphragm struts to the foundation provided lateral forces do not induce flexural stresses in any member of the frame or in the diaphragm struts. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.

1613.6.6 Base Shear Resistance - Secondary Anchors.

1613.6.6.1 General. In addition to the primary anchors required by Section 1613.6.5, the base shear in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in the base level diaphragm.

Exception: Secondary anchors are not required where foundations extending in the downhill direction spaced at not more than 30 feet (9144 mm) on center extend up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth.

1613.6.6.2 Secondary Anchor Capacity and Spacing. Secondary anchors at the base level diaphragm shall be designed for a minimum force equal to the base shear, including forces tributary to the base level diaphragm, but not less than 600 pounds per lineal foot (8.76 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.

1613.6.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.

1613.6.7 Diaphragms Below the Base Level - Downhill Direction. The following provisions shall apply to the lateral analysis and design of the connections for all diaphragms below the base level diaphragm in the downhill direction.

1613.6.7.1 Diaphragm Defined. Every floor level below the base level diaphragm shall be designed as a diaphragm.

1613.6.7.2 Design Force. Each diaphragm below the base level diaphragm shall be designed for all tributary loads at that level using a minimum seismic force factor not less than the base shear coefficient.

1613.6.7.3 Design Force Resistance - Primary Anchors. The design force described in Section 1613.6.7.2 shall be resisted through primary anchors from diaphragm struts provided in each diaphragm to the foundation. Primary anchors shall be provided and designed in accordance with the requirements and limitations of Section 1613.6.5.

1613.6.7.4 Design Force Resistance - Secondary Anchors.

1613.6.7.4.1 General. In addition to the primary anchors required in Section 1613.6.7.3, the design force in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in each diaphragm below the base level.

Exception: Secondary anchors are not required where foundations extending in the downhill direction, spaced at not more than 30 feet (9144 mm) on center, extend up to and are directly connected to each diaphragm below the base level for at least 70% of the diaphragm depth.

1613.6.7.4.2: Secondary Anchor Capacity. Secondary anchors at each diaphragm below the base level diaphragm shall be designed for a minimum force equal to the design force but not less than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress Design (ASD) levels. The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.

1613.6.7.4.3: Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.6.8.

1613.6.8 Primary and Secondary Anchorage and Diaphragm Strut Design. Primary and secondary anchors and diaphragm struts shall be designed in accordance with the following provisions:

1. Fasteners. All bolted fasteners used to develop connections to wood members shall be provided with square plate washers at all bolt heads and nuts. Washers shall be minimum 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Nuts shall be tightened to finger tight plus one half (1/2) wrench turn prior to covering the framing.

2. Fastening. The diaphragm to foundation anchorage shall not be accomplished by the use of toenailing, nails subject to withdrawal, or wood in cross-grain bending or cross-grain tension.

3. Size of Wood Members. Wood diaphragm struts collectors, and other wood members connected to primary anchors shall not be less than 3 inch (76 mm) nominal width. The effects of eccentricity on wood members shall be evaluated as required per Item 9.

4. Design. Primary and secondary anchorage, including diaphragm struts, splices, and collectors shall be designed for 125% of the tributary force.

5. Allowable Stress Increase. The one-third allowable stress increase permitted under Section 1605.3.2 shall not be taken when the working (allowable) stress design method is used.

6. Steel Element of Structural Wall Anchorage System. The strength design forces for steel elements of the structural wall anchorage system, with the exception of anchor bolts and reinforcing steel, shall be increased by 1.4 times the forces otherwise required.

7. Primary Anchors. The load path for primary anchors and diaphragm struts shall be fully developed into the diaphragm and into the foundation. The foundation must be shown to be adequate to resist the concentrated loads from the primary anchors.

8. Secondary Anchors. The load path for secondary anchors and diaphragm struts shall be fully developed in the diaphragm but need not be developed beyond the connection to the foundation.

9. Symmetry. All lateral force foundation anchorage and diaphragm strut connections shall be symmetrical. Eccentric connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests.

10. Wood Ledgers. Wood ledgers shall not be used to resist cross-grain bending or cross-grain tension.

1613.6.9 Lateral-force-resisting elements normal to the downhill direction.

1613.6.9.1 General. In the direction normal to the downhill direction, lateral-force-resisting elements shall be designed in accordance with the requirements of this section.

1613.6.9.2 Base Shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems.

1613.6.9.3 Vertical Distribution of Seismic Forces. For seismic forces acting normal to the downhill direction the distribution of seismic forces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the top of the lowest level of the building foundation.

1613.6.9.4 Drift Limitations. The story drift below the base level diaphragm shall not exceed 0.007 times the story height at strength design force level. The total drift from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 mm). Where the story height or the height from the base level diaphragm to the top of the foundation varies because of a stepped footing or story offset, the height shall be measured from the average height of the top of the foundation. The story drift shall not be reduced by the effect of horizontal diaphragm stiffness.

1613.6.9.5 Distribution of Lateral Forces.

1613.6.9.5.1 General. The design lateral force shall be distributed to lateral-force-resisting elements of varying heights in accordance with the stiffness of each individual element.

1613.6.9.5.2 Wood Structural Panel Sheathed Walls. The stiffness of a stepped wood structural panel shear wall may be determined by dividing the wall into adjacent rectangular elements, subject to the same top of wall deflection. Deflections of shear walls may be estimated by AWC SDPWS Section 4.3.2. Sheathing and fastening requirements for the stiffest section shall be used for the entire wall. Each section of wall shall be anchored for shear and uplift at each step. The minimum horizontal length of a step shall be 8 feet (2438 mm) and the maximum vertical height of a step shall be 2 feet 8 inches (813 mm).

1613.6.9.5.3 Reinforced Concrete or Masonry Shear Walls. Reinforced concrete or masonry shear walls shall have forces distributed in proportion to the rigidity of each section of the wall.

1613.6.9.6 Limitations. The following lateral force-resisting-elements shall not be designed to resist lateral forces below the base level diaphragm in the direction normal to the downhill direction:

1. Cement plaster and lath,

2. Gypsum wallboard, and

3. Tension-only braced frames.

Braced frames designed in accordance with the requirements of Section 2205.2.1.2 of this Code may be designed as lateral-force-resisting elements in the direction normal to the downhill direction, provided lateral forces do not induce flexural stresses in any member of the frame. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.

1613.6.10 Specific Design Provisions.

1613.6.10.1 Footings and Grade Beams. All footings and grade beams shall comply with the following:

1. Grade beams shall extend at least 12 inches (305 mm) below the lowest adjacent grade and provide a minimum 24 inch (610 mm) distance horizontally from the bottom outside face of the grade beam to the face of the descending slope.

2. Continuous footings shall be reinforced with at least two No. 4 reinforcing bars at the top and two No. 4 reinforcing bars at the bottom.

3. All main footing and grade beam reinforcement steel shall be bent into the intersecting footing and fully developed around each corner and intersection.

4. All concrete stem walls shall extend from the foundation and reinforced as required for concrete or masonry walls.

1613.6.10.2 Protection against decay and termites. All wood to earth separation shall comply with the following:

1. Where a footing or grade beam extends across a descending slope, the stem wall, grade beam, or footing shall extend up to a minimum 18 inches (457 mm) above the highest adjacent grade.

Exception: At paved garage and doorway entrances to the building, the stem wall need only extend to the finished concrete slab, provided the wood framing is protected with a moisture proof barrier.

2. Wood ledgers supporting a vertical load of more than 100 pounds per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD) levels and located within 48 inches (1219 mm) of adjacent grade are prohibited. Galvanized steel ledgers and anchor bolts, with or without wood nailers, or treated or decay resistant sill plates supported on a concrete or masonry seat, may be used.

1613.6.10.3 Sill Plates. All sill plates and anchorage shall comply with the following:

1. All wood framed walls, including nonbearing walls, when resting on a footing, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface.

2. Power-driven fasteners shall not be used to anchor sill plates except at interior nonbearing walls not designed as shear walls.

1613.6.10.4 Column Base Plate Anchorage. The base of isolated wood posts (not framed into a stud wall) supporting a vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design (ASD) levels or more and the base plate for a steel column shall comply with the following:

1. When the post or column is supported on a pedestal extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as required for concrete or masonry columns. The pedestal shall be reinforced with a minimum of four No. 4 bars extending to the bottom of the footing or grade beam. The top of exterior pedestals shall be sloped for positive drainage.

2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal, shall be confined with two No. 4 or three No. 3 ties within the top 5 inches (127 mm) of the concrete or masonry pedestal. The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters into the concrete or masonry pedestal. The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least 2 galvanized nuts above the base plate.

1613.6.10.5 Steel beam to column supports. All steel beam to column supports shall be positively braced in each direction. Steel beams shall have stiffener plates installed on each side of the beam web at the column. The stiffener plates shall be welded to each beam flange and the beam web. Each brace connection or structural member shall consist of at least two 5/8 inch (15.9 mm) diameter machine bolts.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1613.7: SUSPENDED CEILINGS:

The following section is added to Chapter 16, Part 2 of the CBC to read as follows:

1613.7 Suspended ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this section.

1613.7.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.

1613.7.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.

1613.7.3 Sprinkler heads. All sprinkler heads (drops) except fire-resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile. Sprinkler heads and other penetrations shall have a 2 inch (50mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 inch (25mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.

Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.

1613.7.4 Special Requirements for Means of Egress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.

1613.7.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.

1613.7.4.2 Assembly device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm) radius of the exit lights and exit signs.

1613.7.4.3 Emergency systems. Independent supports and braces shall be provided for light fixtures required for exit illumination. Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this Code.

1613.7.4.4 Supports for appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1704.6: STRUCTURAL OBSERVATIONS:

Section 1704.6 of Chapter 17, Part 2 of the CBC is amended and restated as follows:

1704.6 Structural observations. Where required by the provisions of Section 1704.6.1 the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections in CBC Section 110 or the special inspections in CBC Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.

The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of the meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official.

Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1704.6.1: STRUCTURAL OBSERVATIONS FOR STRUCTURES:

Section 1704.6.1 of Chapter 17, Part 2 of the CBC is amended and restated as follows:

1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures where one or more of the following conditions exist:

1. The structure is classified as Risk Category III or IV.

2. The structure is a high-rise building.

3. A lateral design is required for the structure or portion thereof.

Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.

4. Such observation is required by the registered design professional responsible for the structural design.

5. Such observation is specifically required by the building official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1705.3: CONCRETE CONSTRUCTION:

Section 1705.3 of Chapter 17, Part 2 of the CBC is amended and restated as follows:

1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.

Exceptions: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7; or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).

4. Concrete patios, driveways and sidewalks, on grade.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1705.13: SPECIAL INSPECTIONS FOR SEISMIC RESISTANCE:

Section 1705.13 of Chapter 17, Part 2 of the CBC is amended and restated as follows:

1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13.1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.

Exception: The special inspections specified in Sections 1705.13.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:

1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm).

2. The seismic force-resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, SDS, as determined in Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm).

3. The structure is a detached one- or two-family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F, and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:

3.1 Torsional or extreme torsional irregularity.

3.2 Nonparallel systems irregularity.

3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.

3.4 Discontinuity in lateral strength-weak story irregularity.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1807.1.4: PERMANENT WOOD FOUNDATION SYSTEMS:

Section 1807.1.4 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1807.1.6: PRESCRIPTIVE DESIGN OF CONCRETE AND MASONRY FOUNDATION WALLS:

Section 1807.1.6 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1807.2: RETAINING WALLS:

Section 1807.2 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2.4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1809.3: STEPPED FOOTINGS:

Section 1809.3 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vertical in 10 units horizontal (10 percent slope).

For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be placed at the top and bottom of the footings as shown in Figure 1809.3.

FIGURE 1809.3

STEPPED FOOTING

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1809.7: PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME CONSTRUCTION:

Section 1809.7 and Table 1809.7 of Chapter 18, Part 2 of the CBC are amended and restated as follows:

1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a, b, d, e
NUMBER OF FLOORS SUPPORTED BY THE FOOTING f	WIDTH OF FOOTING (inches)	THICKNESS OF FOOTING (inches)
1	12	6
2	15	6
3	18	8

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm

a. Depth of footings shall be in accordance with Section 1809.4.

b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.

d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.

e. For thickness of foundation walls, see Section 1807.1.6.

f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1809.12: TIMBER FOOTINGS:

Section 1809.12 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1810.3.2.4: TIMBER:

Section 1810.3.2.4 of Chapter 18, Part 2 of the CBC is amended and restated as follows:

1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D25. Sawn timber elements shall conform to DOC PS-20. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1905.1: GENERAL:

Section 1905.1 of Chapter 19, Part 2 of the CBC is amended and restated as follows:

1905.1 General. The text of ACI 318 shall be modified as indicated in the following subsections.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1905.1.7: ACI 318, SECTION 14.1.4:

Section 1905.1.7 of Chapter 19, Part 2 of the CBC is amended and restated as follows:

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4 and replace with the following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementious material per cubic yard.

(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception:

1. Detached one- and two-family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1905.1.9: ACI 318, SECTION 18.7.5:

The following section is added to Chapter 19, Part 2 of the CBC:

1905.1.9 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding the following subsections to read as follows:

18.7.5.8 - Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections 18.7.5.1, Items (a) through (c), over the full height of the member.

18.7.5.9 – At any section where the design strength, ?Pn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections 18.7.6.1 and 18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength, ?Pn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1905.1.10: ACI 318, SECTION 18.10.4:

The following section is added to Chapter 19, Part 2 of the CBC:

1905.1.10 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding subsection 18.10.4.7 to read as follows:

18.10.4.7 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-1905.1.11: ACI 318, SECTION 18.12.6:

The following section is added to Chapter 19, Part 2 of the CBC:

1905.1.11 ACI 318, Section 18.12.6. Modify ACI 318, Section 18.12.6, by adding subsection 18.12.6.2 to read as follows:

18.12.6.2 - Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 db in thickness, where db is the diameter of the largest reinforcement in the topping slab.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2304.10.2: FASTENER REQUIREMENTS:

Section 2304.10.2 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2304.10.3.1: QUALITY OF NAILS:

The following section is added to Chapter 23, Part 2 of the CBC:

2304.10.3.1 Quality of nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2304.12.2.8: WOOD USED IN RETAINING WALLS AND CRIBS:

Section 2304.12.2.8 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2305.4: HOLD-DOWN CONNECTORS:

The following section is added to Chapter 23, Part 2 of the CBC:

2305.4 Hold-down connectors. In Seismic Design Category D, E or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2306.2: WOOD-FRAME DIAPHRAGMS:

Section 2306.2 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.

Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2306.3: WOOD-FRAME SHEAR WALLS:

Section 2306.3 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:

1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.

2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).

3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

4. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.

For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2307.2: WOOD-FRAME SHEAR WALLS:

The following section is added to Chapter 23, Part 2 of the CBC:

2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2308.6: WALL BRACING:

Table 2308.6.1 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

Table 2308.6.1a

WALL BRACING REQUIREMENTS

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2308.6.5.1: ALTERNATE BRACED WALL (ABW):

Section 2308.6.5.1 and Figure 2308.6.5.1, of Chapter 23, Part 2 of the CBC are amended and restated as follows:

2308.6.5.1 Alternate braced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.6.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10.1 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports. Two anchor bolts installed in accordance with Section 2308.3.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a hold-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (8006 N). The hold-down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where the ABW is installed at the first story of two-story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one-quarter points and tie-down device uplift capacity shall be not less than 3,000 pounds (13 344 N).

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2308.6.5.2: PORTAL FRAME WITH HOLD-DOWNS (PFH):

Section 2308.6.5.2 and Figure 2308.6.5.2, of Chapter 23, Part 2 of the CBC are amended and restated as follows:

2308.6.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308.6.5.2. The adjacent door or window opening shall have a full-length header.

In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308.6.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32-inch-minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308.6.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.6.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 24 of Table 2304.10.1 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built-up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the header to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.3.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).

Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full-length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 pounds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold-down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold-down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12-inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.

Where a PFH is installed at the first story of two-story buildings, each panel shall have a length of not less than 24 inches (610 mm).

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2308.6.8.1: FOUNDATION REQUIREMENTS:

Section 2308.6.8.1 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2308.6.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.

Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.

For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.1.1.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-2308.6.9: ATTACHMENT OF SHEATHING:

Section 2308.6.9 of Chapter 23, Part 2 of the CBC is amended and restated as follows:

2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Tables 2308.6.1 or 2304.10.2. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3101.1: SCOPE:

Section 3101.1 of Chapter 31, Part 2 of the CBC is amended and restated as follows:

3101.1 Scope. The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems, and intermodal shipping containers.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3115: INTERMODAL SHIPPING CONTAINERS:

The following section (including tables and figures) is added to Chapter 31, Part 2 of the CBC:

SECTION 3115

INTERMODAL SHIPPING CONTAINERS

3115.1 General. The provisions of Section 3115 and other applicable sections of this code shall apply to intermodal shipping containers that are repurposed for use as buildings or structures or as a part of buildings or structures.

Exceptions:

1. Intermodal shipping containers previously approved as existing relocatable buildings complying with Chapter 14 of the California Existing Building Code.

2. Stationary battery storage arrays located in intermodal shipping containers complying with Chapter 12 of the California Fire Code.

3. Intermodal shipping containers that are listed as equipment complying with the standard for equipment, such as air chillers, engine generators, modular data centers, and other similar equipment.

4. Intermodal shipping containers housing or supporting experimental equipment are exempt from the requirements of Section 3115, provided they comply with all of the following:

4.1. Such units will be single stand-alone units supported at grade level and used only for occupancies as specified under Risk Category I in Table 1604.5.

4.2. Such units are located a minimum of 8 feet (2438 mm) from adjacent structures, and are not connected to a fuel gas system or fuel gas utility.

4.3. In hurricane-prone regions and flood hazard areas, such units are designed in accordance with the applicable provisions of Chapter 16.

5. Shipping containers constructed or converted off-site that meet the definition of Factory-built Housing in Health and Safety Code Section 19971 or Commercial Modular(s) as defined in Health and Safety Code Section 18001.8 shall be approved by the Department of Housing and Community Development.

6. Single-unit stand-alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. Construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support functions shall not be exempt from Section 3115.

3115.2 Construction documents. The construction documents shall contain information to verify the dimensions and establish the physical properties of the steel components, and wood floor components, of the intermodal shipping container in addition to the information required by Sections 107 and 1603.

3115.3 Intermodal shipping container information. Intermodal shipping containers shall bear the manufacturer’s existing data plate containing the following information as required by ISO 6346 and verified by an approved agency. A report of the verification process and findings shall be provided to the building owner.

1. Manufacturer’s name or identification number

2. Date manufactured

3. Safety approval number

4. Identification number

5. Maximum operating gross mass or weight (kg) (lbs)

6. Allowable stacking load for 1.8G (kg) (lbs)

7. Transverse racking test force (Newtons)

8. Valid maintenance examination date

Where approved by the building official, the markings and manufacturer’s existing data plate are permitted to be removed from the intermodal shipping containers before they are repurposed for use as buildings or structures or as part of buildings or structures.

3115.4 Protection against decay and termites. Wood structural floors of intermodal shipping containers shall be protected from decay and termites in accordance with the applicable provisions of Section 2304.12.1.1.

3115.5 Under-floor ventilation. The space between the bottom of the floor joists and the earth under any intermodal shipping container, except spaces occupied by basements and cellars, shall be provided with ventilation in accordance with Section 1202.4.

3115.6 Roof assemblies. Intermodal shipping container roof assemblies shall comply with the applicable requirements of Chapter 15.

Exception: Single-unit stand-alone intermodal shipping containers not attached to, or stacked vertically over, other intermodal shipping containers, buildings or structures.

3115.7 Joints and voids. Joints and voids that create concealed spaces between intermodal shipping containers, that are connected or stacked, at fire-resistance-rated walls, floor or floor/ceiling assemblies and roofs or roof/ceiling assemblies shall be protected by an approved fire-resistant joint system in accordance with Section 715.

3115.8 Structural. Intermodal shipping containers that conform to ISO 1496-1 and are repurposed for use as buildings or structures, or as a part of buildings or structures, shall be designed in accordance with Chapter 16 and this section.

3115.8.1 Foundations and supports. Intermodal shipping containers repurposed for use as a permanent building or structure shall be supported on foundations or other supporting structures designed and constructed in accordance with Chapters 16 through 23.

3115.8.1.1 Anchorage. Intermodal shipping containers shall be anchored to foundations or other supporting structures as necessary to provide a continuous load path for all applicable design and environmental loads in accordance with Chapter 16.

3115.8.1.2 Stacking. Intermodal shipping containers used to support stacked units shall comply with Section 3115.8.4.

3115.8.2 Welds. New welds and connections shall be equal to or greater than the original connections. The strength of new welds and connections shall be no less than the strength provided by the original connections. All new welds and connections shall be designed and constructed in accordance with Chapters 16, 17 and 22.

3115.8.3 Structural design. The structural design of the intermodal shipping containers repurposed for use as a building or structure, or as part of a building or structure, shall comply with Section 3115.8.4 or 3115.8.5.

3115.8.4 Detailed structural design procedure. A structural analysis meeting the requirements of this section shall be provided to the building official to demonstrate the structural adequacy of the intermodal shipping containers.

Exception: Intermodal Structures using an intermodal shipping containers designed in accordance with Section 3115.8.5.

3115.8.4.1 Material properties. Structural material properties for existing intermodal shipping container steel components shall be established by material testing where the steel grade and composition cannot be identified by the manufacturer’s designation as to manufacture and mill test Section 2202.

3115.8.4.2 Seismic design parameters. The seismic force-resisting system shall be designed and detailed in accordance with ASCE 7 and one of the following:

1. Where all or portions of the corrugated steel container sides profiled steel panel elements are considered to be the seismic force-resisting system, design and detailing shall be in accordance with the AISI S100 and ASCE 7, Table 12.2-1 requirements for light-frame bearing-wall systems with shear panels of all other materials steel systems not specifically detailed for seismic resistance, excluding cantilevered column systems.

2. Where all or portions of corrugated steel container sides the profiled steel panel elements are retained, but are not considered to be part of the seismic force-resisting system, an independent seismic force-resisting system shall be selected, designed and detailed in accordance with ASCE 7, Table 12.2-1, or

3. Where all or portions of the corrugated steel container sides profiled steel panel elements are retained and integrated into a seismic force-resisting system other than as permitted by Section 3115.8.4.2 Item 1, seismic design parameters shall be developed from testing and analysis in accordance with Section 104.11 and ASCE 7, Section 12.2.1.1 or 12.2.1.2.

3115.8.4.3 Allowable shear value. The allowable shear values for the intermodal shipping container profiled steel panel side walls and end walls shall be demonstrated by testing and analysis accordance with Section 104.11, determined in accordance with the design approach selected in Section 3115.8.4.2. Where penetrations are made in the side walls or end walls designated as part of the lateral force-resisting system, the penetrations shall be substantiated by rational analysis.

3115.8.5 Simplified structural design procedure of single-unit containers. Single-unit intermodal shipping containers conforming to the limitations of Section 3115.8.5.1 shall be permitted to be designed in accordance with Sections 3115.8.5.2 and 3115.8.5.3.

3115.8.5.1 Limitations. Use of Section 3115.8.5 is subject to all the following limitations: 1. The intermodal shipping container shall be a single-unit, stand-alone unit supported on a foundation and shall not be in contact with or supporting any other shipping container or other structure. 2. The intermodal shipping container’s top and bottom rails, corner castings, and columns or any portion thereof shall not be notched, cut, or removed in any manner. 3. The intermodal shipping container shall be erected in a level and horizontal position with the floor located at the bottom. 4. The intermodal shipping container shall be located in Seismic Design Category A, B, C and D.

3115.8.5.2 Simplified structural design assumptions. Where permitted by Section 3115.8.5.1, single unit stand-alone, intermodal shipping containers shall be designed using the following assumptions for the profiled steel panel side walls and end walls:

1. The appropriate detailing requirements contained in Chapters 16 through 23.

2. Response modification coefficient, R = 2.

3. Over strength factor, Ω0 = 2.5

4. Deflection amplification factor, Cd = 2

5. Limits on structural height, hn = 9.5 feet (2900 mm).

3115.8.5.3 Allowable shear value. The allowable shear values for the intermodal shipping container profiled steel panel side walls (longitudinal) and end walls (transverse) for wind design and seismic design using the coefficients of Section 3115.8.5.2 shall be in accordance with Table 3115.8.5.3, provided that all of the following conditions are met:

1. The total linear length of all openings in any individual side walls or end walls shall be limited to not more than 50 percent of the length of that side’s walls or end walls, as shown in Figure 3115.8.5.3(1).

2. Any full height wall length, or portion thereof, less than 4 feet (305 mm) long shall not be considered as a portion of the lateral force-resisting system, as shown in Figure 3115.8.5.3(2).

3. All side walls or end walls used as part of the lateral force-resisting system shall have an existing or new boundary element on all sides to form a continuous load path, or paths, with adequate strength and stiffness to transfer all forces from the point of application to the final point of resistance, as shown in Figure 3115.8.5.3(3). The existing door interlocking mechanism shall not be considered as a component of the required load path.

4. Where openings are made in container walls, floors or roofs, for doors, windows and other openings:

4.1 The opening shall be framed with steel elements that are designed in accordance with Chapters 16 and 22.

4.2 The cross section and material grade of any new steel element shall be equal to or greater than the steel element removed.

5. A maximum of one penetration not greater than a 6-inch (152 mm) diameter hole for conduits, pipes, tubes or vents, or not greater than16 square inches (10 322mm2) for electrical boxes, is permitted for each individual 8 feet (2438 mm) length of lateral force-resisting wall. Penetrations located in walls that are not part of the wall lateral force resisting system shall not be limited in size or quantity. Existing intermodal shipping container’s vents shall not be considered a penetration, as shown in Figure 3115.8.5.3(4).

6. End wall door or doors designated as part of the lateral force-resisting system shall be intermittently welded closed around the full perimeters of the door panels.

TABLE 3115.8.5.3

ALLOWABLE SHEAR VALUES FOR PROFILED STEEL PANEL

SIDE WALLS AND END WALLS FOR WIND OR SEISMIC LOADING
CONTAINER DESIGNATION2	CONTAINER DIMENSION (Nominal Length)	CONTAINER DIMENSION (Nominal Height)	ALLOWABLE SHEAR VALUES (PLF)1,3
			Side Wall	End Wall
1EEE	45 feet (13.7 M)	9.5 feet (2896 mm)	75	843
1EE	45 feet (13.7 M)	8.6 feet (2591 mm)	75
1AAA	40 feet (12.2 M)	9.5 feet (2896 mm)	84
1AA		8.5 feet (2592 mm)
1A		8.0 feet (2438 mm)
1AX		<8.0 feet (2483 mm)
1BBB	30 feet (9.1 M)	9.5 feet (2896 mm)	112
1BB		8.5 feet (2591 mm)
1B		8.0 feet (2438 mm)
1BX		<8.0 feet (2438 mm)
1CC	20 feet (9.1 M)	8.5 feet (2591 mm)	168
1C		8.0 feet (2438 mm)
1CX		<8.0 feet (2438 mm)

1. The allowable shear values for the side walls and end walls of the intermodal shipping containers are derived from ISO 1496-1 and reduced by a factor of safety of 5.

2. Container designation type is derived from ISO 668.

3. Limitations of Sections 3115.8.5.1 and 3115.8.5.3 shall apply.

FIGURE 3115.8.5.3(1)

Bracing Unit Distribution – Maximum Linear Length

FIGURE 3115.8.5.3(2)

Bracing Unit Distribution – Minimum Linear Length

FIGURE 3115.8.5.3(3)

Bracing Unit Distribution – Boundary Elements

FIGURE 3115.8.5.3(4)

Bracing Unit Distribution – Penetrating Limitations

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3203: BUILDING ON PUBLIC EASEMENT PROHIBITED:

The following section is added to Chapter 32, Part 2 of the CBC:

SECTION 3203

BUILDING ON PUBLIC EASEMENT PROHIBITED

3203.1 Prohibition. No person shall erect, construct, alter, repair, raise, build or move any permanent building, structure, paving, or portion thereof, upon any easement or right-of-way, reserved by the original grantor of a lot or parcel of land or conveyed, granted or dedicated to the City for drainage or public utility purposes, including the construction and maintenance of pipes, conduits, open ditches, poles, wires or other facilities for conveying gas, electricity, power, water, telephone and telegraph service or sewerage to and from property within the City, without the written consent of the City or owner of the easement or right-of-way, as the case may be. The records of the County Recorder of the County shall be prima facie, but not conclusive, proof of the existence of such easement or right-of-way.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3302.4: CONSTRUCTION FENCING:

The following section is added to Chapter 33, Part 2 of the CBC:

3302.4 Construction fencing. In addition to the requirements of Section 3306 of the California Building Code, Protection of Pedestrians, every construction site shall be enclosed by a barrier to prevent unauthorized access. The barrier shall extend the entire perimeter of the construction site. Openings shall be protected by gates that shall be kept closed and locked during non-operational hours.

EXCEPTION:

1. Construction fencing may be removed during operational hours to permit access for construction activity. The construction fencing shall be replaced during non-operational hours. Construction fencing is not required to extend beyond existing site fencing provided the fencing is located solely upon the private property upon which such work is being done.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3305.1: FACILITIES REQUIRED:

Section 3305.1 of Chapter 33, Part 2 of the CBC is amended and restated as follows:

3305.1 Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities in accordance with the California Plumbing Code.

EXCEPTION:

In lieu of flush water closets, chemical toilets may be provided. Chemical toilets shall be located solely upon the private property upon which such work is being done. The toilets shall be located and maintained to prevent them from becoming a nuisance to the adjoining properties.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-3305.2: GARBAGE CONTAINERS:

The following section is added to Chapter 33, Part 2 of the CBC:

3305.2 Garbage containers. Garbage containers shall be provided during construction, remodeling or demolition activities. Garbage containers shall be located solely upon the private property upon which such work is being done. The containers shall be located and maintained to prevent them from becoming a nuisance to the adjoining properties.

EXCEPTION:

Garbage containers for which a valid encroachment permit has been issued by the Public Works Department.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-C105: (APPENDIX C) COMMERCIAL STABLES:

The following section is added to Appendix C, Part 2 of the CBC:

SECTION C105

COMMERCIAL STABLES

C105.1 Commercial stable defined. As used in this section, “commercial stable” shall mean all enclosed structures designed or used commercially to shelter horses. Enclosure shall be by means of permanent walls beneath the roof of the structure and shall be solid except for necessary ventilation and access opening.

C105.2 Automatic fire-extinguishing systems required. All commercial stables shall be equipped with automatic fire-extinguishing systems which comply with Section 903 of the California Building Code.

C105.3 Living quarters; separation and fire-walls required. Living quarters in separate structures on the premises shall be separated from commercial stables by a 13 foot yard. Living quarters in commercial stables shall be separated from the stable area by a one-hour, unpierced occupancy separation wall.

C105.6 Exceptions.

1. Automatic fire-extinguishing systems are not required in stables of Type IA construction.

2. Existing commercial stables may install fire-resistive separations and automatic fire-extinguishing systems providing minimum coverage and approved by the Building and Fire Departments in accordance with the following minimum standards:

(a) The automatic fire-extinguishing system shall be supplied through a separate meter by a two-inch line equipped with a water-flow-alarm system. Sprinkler heads shall be taken off the two-inch main line with a three-quarter inch line. One sprinkler head shall be installed in each stall; and in all other areas one sprinkler head shall be installed in each room division not exceeding one sprinkler head for each 100 square feet.

(b) Fire-resistive separations shall be one-hour unpierced fire-resistive separations installed in existing commercial stables in excess of 200 feet in length with separation every 400 square feet or every 40 lineal feet, whichever provides the greater number of separations.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-G101.6: (APPENDIX G) FLOOD RESISTANT CONSTRUCTION - WARNING AND DISCLAIMER OF LIABILITY:

The following section is added to Appendix G, Part 2 of the CBC:

G101.6 Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City, any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-G102.2: (APPENDIX G) ESTABLISHMENT OF FLOOD HAZARD AREA:

Section G102.2 of Appendix G, Part 2 of the CBC is amended as follows:

Insert: “January 1, 2011” into the [Date] field in Section G102.2 of Appendix G of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-G104.11: (APPENDIX G) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:

The following sections are added to Appendix G, Part 2 of the CBC:

G104.11 Duties and responsibilities of the floodplain administrator.

G104.11.1 Definition - floodplain administrator. “FLOODPLAIN ADMINISTRATOR” means the Public Works Director or his designee.

G104.11.2 Duties - floodplain administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

A. PERMIT REVIEW.

1. Review all development permits to determine that the permit requirements of this article have been satisfied;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City.

B. USE OF OTHER BASE FLOOD DATA.

When base flood elevation data has not been provided in accordance with Section 1612A of the California Building Code, the Floodplain Administrator shall determine the design flood elevations in accordance with Section G103.3, Appendix G, of the California Building Code. Any such information shall be submitted to the Council for adoption.

C. CHANGES IN WATERCOURSE.

Whenever a watercourse is to be altered or relocated:

1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

D. PUBLIC INSPECTION.

Obtain and maintain for public inspection and make available as needed the flood hazard documentation required in Section 1612A.4 of the California Building Code.

E. INTERPRETATIONS.

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section G106, Appendix G of the California Building Code.

F. ENFORCEMENT.

Take action to remedy violations of this article as specified in Section 114 of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-J104.5: (APPENDIX J) FEES, BONDS AND INSURANCE - EXCAVATION AND GRADING:

The following section is added to Appendix J, Part 2 of the CBC:

J104.5 Fees, bonds and insurance - excavation and grading.

A. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.

B. The Building Official shall require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

(i) BOND REQUIREMENTS.

Whenever an application for a grading permit is filed for the excavation or fill of 250 cubic yards or more in the Hillside Area, as defined in Diagram 10-1-606(A) of the Burbank Municipal Code, or for the excavation or fill of 500 cubic yards or more in other areas, and the nature of the work is such that if left incomplete it will create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or to any street or street improvement or any other public property, the Building Official shall, before issuing the grading permit, require the applicant to guarantee faithful performance and payment of labor and material in an amount determined by the Building Official, which shall be not less than 100 percent of the total estimated cost of the work, including corrective work necessary to remove or eliminate geological hazards. An additional cash deposit may be required by the Building Official in the form of a cash bond sufficient to cover the cost of site cleanup and debris removal. Where grading is required on property adjacent to the grading site to complete a project satisfactorily, the owner of the adjacent property need not provide additional security if the original guarantee is of sufficient amount to include such additional grading. Each bond and agreement shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.

(ii) TYPE OF BOND.

A guarantee of faithful performance and payment of labor and material, when required under the provisions of this section, shall be provided by one of the following methods:

(a) A bond executed by the applicant, as principal, and a corporate surety authorized to do business in the State of California, as surety, and in a form furnished by the Building Official and approved by the City Attorney.

(b) A cash deposit with the City.

(c) An instrument or instruments of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agreement that the funds designated by the instrument shall become trust funds for the purpose of securing faithful performance and payment of labor and material. The instrument of credit and the agreement shall first be approved by the City Attorney.

(iii) PROCEDURE ON DEFAULT.

(a) Whenever the Building Official shall find that a default has occurred in the performance of any term or condition of any grading permit, written notice of the fact of default shall be given to the principal and to the corporate surety, financial institution or the depositor, stating the work to be done, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. Thirty days after the receipt of such notice the principal or the surety shall perform or cause the required work to be performed by commencing and diligently prosecuting the work to its completion; but if they or either or both of them should fail to commence such work within 30 days, or having so commenced the work fail, neglect or refuse to proceed diligently to complete the same within the time so specified in the notice, then the City may enter the premises and do the work, and the cost and expense of doing the work so specified shall be the obligation of the principal and the surety, and shall be a part of the terms of the performance bond in consideration of the issuance of the grading permit. The principal and surety of such bond, if any, shall upon completion of the work, be released from their obligation, after deducting and paying the City the cost of such work plus 10 percent of the total cost of such required work.

(b) If a cash bond has been posted, notice of default as provided by the preceding paragraph shall be given to the depositor, and if the depositor fails to cause the required work to be resumed as set forth in the notice within 30 days after receipt thereof, the Building Official shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion thereof, and cause the required work to be completed by such mode as the Building Official deems convenient. After deducting the cost of such work plus 10 percent of the total cost of such required work, the balance of such cash deposit, if any, shall, upon completion of the work, be returned to the depositor or the depositor’s successor or assigns.

(c) If an instrument of credit is used to guarantee performance, notice of default shall be given, as provided in paragraph (i) hereof, to the principal and to the financial institution issuing the instrument of credit, and if the principal fails to cause the required work to be resumed as set forth in the notice within 30 days after the receipt thereof, the Building Official shall make a demand upon the financial institution for the payment of the estimated costs from the trust fund held by the financial institution pursuant to the agreement. Upon receipt of said sum, the Building Official shall proceed without delay and without further notice or proceedings whatsoever to use the sum, or any portion thereof, and cause the required work to be completed by such mode as the Building Official deems convenient. After deducting the cost of such work plus 10 percent of the total cost of such required work, the balance of such sum, if any, shall, upon the completion of the work, be returned to the financial institution, its successors or assigns; but if the financial institution fails or refuses to pay over said sum, then Building Official shall proceed as in paragraph (1) hereof and shall look to said institution for the costs and expenses of the work, and the contractual liability of such institution therefore shall be a term or condition of its agreement.

C. INSURANCE REQUIREMENTS.

(i) PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.

The contractor shall assume all responsibility for damages to property, including property of the City, or injuries to persons, including accidental death, which may be caused by the contractor’s performance of work under any grading permit, whether such performance be by the contractor, his/her subcontractor or anyone directly or indirectly employed by the contractor and whether such damage shall accrue or be discovered before or after completion or termination of his/her contract. The contractor shall take out and maintain during the life of the grading permit a comprehensive liability policy, including contractual liability, as shall adequately protect the contractor and the City from claims for such damages, naming the City as an additional insured under the policy in an amount sufficient in the estimation of the Building Official to protect the City.

(ii) CERTIFICATE OF INSURANCE.

The contractor shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. The City shall be named as an additional insured on a separate endorsement attached to the certificate. The separate endorsement shall contain a statement of the obligation on the part of the insurance carrier to notify the City of any material change, cancellation, or termination of the coverage at least 30 days in advance of the effective date of any such material change, cancellation, or termination. The required certificate of insurance and separate endorsement shall be furnished by the contractor prior to the issuance of the grading permit. No such certificate of insurance or separate endorsement shall qualify until it has been approved as to form by the City.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-J105.3: (APPENDIX J) CONSTRUCTION SITE MAINTENANCE - EXCAVATION AND GRADING:

The following section is added to Appendix J, Part 2 of the CBC:

J105.3 Construction site maintenance, excavation and grading. Construction site maintenance, including fugitive dust control, hauling, roadway maintenance, watering, sweeping, erosion control, spillage, material and debris control, soil treatment, and environmental monitoring shall be in accordance with Article 4, Chapter 3 of Title 9 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-J110.3: (APPENDIX J) MAINTENANCE OF PROTECTIVE DEVICES - EXCAVATION AND GRADING:

The following section is added to Appendix J, Part 2 of the CBC:

J110.3 Maintenance of protective devices - excavation and grading. The owner of any property on which grading or an excavation or fill has been made pursuant to a grading permit granted hereunder, and any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, and other protective devices, including planting, and irrigation systems, shown in the approved plans and specifications submitted with the application for a grading permit or subsequently required by the Building Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 2R. CALIFORNIA RESIDENTIAL CODE

9-1-2R: ADOPTION OF THE 2022 CALIFORNIA RESIDENTIAL CODE:

Part 2.5 of Title 24 of the California Code of Regulations, also known as the “California Residential Code,” which is part of the California Building Standards Code, 2022 Edition, together with Appendices H and Q, as adopted by the California Building Standards Commission is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R101.1: TITLE:

Section R101.1 of Chapter 1, Part 2.5 of the CBC is amended and restated as follows:

R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Burbank, and shall be cited as such and will be referred to herein as “this code.”

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R301.1.3.2: WOODFRAME STRUCTURES:

Section R301.1.3.2 of Chapter 3, Part 2.5 of the CBC is amended and restated as follows:

R301.1.3.2 Woodframe structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R301.1.5: SEISMIC DESIGN PROVISIONS FOR BUILDINGS CONSTRUCTED ON OR INTO SLOPES STEEPER THAN ONE UNIT VERTICAL IN THREE UNITS HORIZONTAL (33.3 PERCENT SLOPE):

The following section is added to Chapter 3, Part 2.5 of the CBC:

R301.1.5 Seismic design provisions for buildings constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.6 of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R301.2: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA:

Table R301.2(1) of Chapter 3, Part 2.5 of the CBC is amended and restated as follows:

Buildings shall be constructed in accordance with the provisions of this code and amended by the provisions of this section. Additional local jurisdiction criteria is set forth in Table R301.2(1) below.

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND SNOW LOAD	WIND DESIGN		SEISMIC DESIGN CATEGORYf	SUBJECT TO DAMAGE FROM
GROUND SNOW LOAD	SPEEDd (MPH)	TOPOGRAPHIC EFFECTSk	SEISMIC DESIGN CATEGORYf	WEATHERINGa	FROST LINE DEPTHb	TERMITEc
No	110	No	D0, D1, D2 & E	Negligible	No	Yes

WINTER DESIGN TEMPe	ICE BARRIER UNDERLAYMENT REQUIREDh	FLOOD HAZARDSg	AIR FREEZING INDEXi	MEAN ANNUAL TEMPj
42.3	No	a. Date of regular entry: Jan. 23, 1981 b. Date of Flood Insurance Study: Mar. 26, 1981 c. Community Number: 065018 Panel Numbers: 1328, 1329, 1330, 1335, 1337, 1339, 1345 Date of FIRM: Sept. 26, 2008	0	63.9

WINTER DESIGN TEMPe

ICE BARRIER UNDERLAYMENT REQUIREDh

FLOOD HAZARDSg

AIR FREEZING INDEXi

MEAN ANNUAL TEMPj

42.3

a. Date of regular entry: Jan. 23, 1981

b. Date of Flood Insurance Study: Mar. 26, 1981

c. Community Number: 065018

Panel Numbers: 1328, 1329, 1330, 1335, 1337, 1339, 1345

Date of FIRM: Sept. 26, 2008

63.9

(For Notes a-k, see 2022 California Residential Code, Table R301.2(1))

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R301.2.2.6: IRREGULAR BUILDINGS:

Subsections (1), (3), and (5) of Section R301.2.2.6 of Chapter 3, Part 2.5 of the CBC are amended and restated as follows:

1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.

3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below.

5. Floor level offset. Conditions where portions of a floor level are vertically offset.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R301.2.2.11: ANCHORAGE OF MECHANICAL, ELECTRICAL, OR PLUMBING COMPONENTS AND EQUIPMENT:

The following section is added to Chapter 3, Part 2.5 of the CBC:

R301.2.2.11 Anchorage of mechanical, electrical, or plumbing components and equipment. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either

1. The component weighs 400 lb (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the supporting structure; or

2. The component weighs 20 lb (89N) or less or, in the case of a distributed system, 5 lb/ft (73 N/m) or less.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R337.6.2: VENT REQUIREMENTS:

The following subsection is added to Section R337.6.2 of Chapter 3, Part 2.5 of the CBC:

4. Gable end or dormer vents shall be located at least 10 feet from property lines.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R401.1: APPLICATION:

Section R401.1 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:

R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2 shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF.

Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1. In buildings that have no more than two floors and a roof.

2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).

Wood foundations in Seismic Design Category D0, D1, or D2 shall not be permitted.

Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 120 square feet, the building height does not exceed 10 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R403.1.2: CONTINUOUS FOOTING IN SEISMIC DESIGN CATEGORIES D0, D1, OR D2:

Section R403.1.2 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:

R403.1.2. Continuous footing in seismic design categories D0, D1 and D2. Exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. All required interior braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 shall be supported on continuous foundations.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R403.1.3.6: ISOLATED CONCRETE FOOTINGS:

Section R403.1.3.6 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:

R403.1.3.6. Isolated concrete footings. In detached one- and two-family dwellings located in Seismic Design Category A, B, or C, that are three stories or less in height, and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R403.1.5: SLOPE:

Section R403.1.5 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:

R403.1.5. Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).

For structures assigned to Seismic Design Categories D0, D1, or D2, stepped footings shall be reinforced with four No. 4 rebar. Two bars shall be place at the top and bottom of the footings as shown in Figure R403.1.5.

FIGURE R403.1.5

STEPPED FOOTING

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R404.2: WOOD FOUNDATION WALLS:

Section R404.2 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:

R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, or D2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R501.1: APPLICATION:

Section R501.1 of Chapter 5, Part 2.5 of the CBC is amended and restated as follows:

R501.1 Application. The provisions of this chapter shall control the design and construction of the floors for buildings, including the floors of attic spaces used to house mechanical or plumbing fixtures and equipment. Mechanical or plumbing fixtures and equipment shall be attached or anchored to the structure in accordance with Section R301.2.2.11.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R503.2.4: OPENINGS IN HORIZONTAL DIAPHRAGMS:

The following section (including Figure R503.2.4) is added to Chapter 5, Part 2.5 of the CBC:

R503.2.4 Openings in Horizontal Diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.

FIGURE R503.2.4

OPENINGS IN HORIZONTAL DIAPHRAGMS

a. Blockings shall be provided beyond headers.

b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa).

c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.3(1): FASTENING SCHEDULE:

The following line items and footnotes within Table R602.3(1) of Chapter 6, Part 2.5 of the CBC are amended and restated as follows:

TABLE R602.3(1)—continued

FASTENING SCHEDULE
ITEM	DESCRIPTION OF BUILDING ELEMENTS	NUMBER AND TYPE OF FASTENERa, b, c	SPACING AND LOCATION
20 k	1" × 6" sheathing to each bearing	3-8d box (2 1/2" × 0.113"); or 2-8d common (2 1/2" × 0.131"); or 2-10d box (3" × 0.128"); or 2 staples, 1" crown, 16 ga., 1 3/4" long	Face nail
21 k	1" × 8" and wider sheathing to each bearing	3-8d box (2 1/2" × 0.113"); or 3-8d common (2 1/2" × 0.131"); or 3-10d box (3" × 0.128"); or 3 staples, 1" crown, 16 ga., 1 3/4" long	Face nail
21 k	1" × 8" and wider sheathing to each bearing	Wider than 1" × 8" 4-8d box (2 1/2" × 0.113"); or 3-8d common (2 1/2" × 0.131"); or 3-10d box (3" × 0.128"); or 4 staples, 1" crown, 16 ga., 1 3/4" long	Face nail
Floor
24 k	1" × 6" subfloor or less to each joist	3-8d box (2 1/2" × 0.113"); or 2-8d common (2 1/2" × 0.131"); or 3-10d box (3" × 0.128"); or 2 staples, 1" crown, 16 ga., 1 3/4" long	Face nail
Other wall sheathingg
34 k	1/2" structural cellulosic fiberboard sheathing	1 1/2" galvanized roofing nail, 7/16" head diameter, or 1 1/4" long 16 ga. staple with 7/16" or 1" crown	3	6
35 k	25/32" structural cellulosic fiberboard sheathing	1 3/4" galvanized roofing nail, 7/16" head diameter, or 1 1/2" long 16 ga. staple with 7/16" or 1" crown	3	6
36 k	1/2" gypsum sheathingd	1 1/2” x 0.120" galvanized roofing nail, 7/16" head diameter, or 1 1/4" long, 16 ga.; staple galvanized, 1 1/2" long; 7 /16" or 1" crown or 1 1/4" screws, Type W or S	7	7
37 k	5/8" gypsum sheathingd	1 3/4" galvanized roofing nail, 7/16" head diameter, or 1 1/4" long, 16 ga.; staple galvanized, 1 1/2" long; 7/16" or 1" crown or 1 1/4" screws, Type W or S	7	7

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s; 1 ksi = 6.895 MPa.

k. Use of staples in roof, floor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.”

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.3.2: TOP PLATE:

The “Exception” to Section R602.3.2, the “Single Top-Plate Splice Connection Details” of Table R602.3.2, and footnote “b” to Table R602.3.2, of Chapter 6, Part 2.5 of the CBC are amended and restated as follows:

Exception: In other than Seismic Design Category D0, D1, or D2, a single top plate used as an alternative to a double top plate shall comply with the following:

1. The single top plate shall be tied at corners, intersecting walls, and at in-line splices in straight wall lines in accordance with Table R602.3.2.

2. The rafters or joists shall be centered over the studs with a tolerance of not more than 1 inch (25 mm).

3. Omission of the top plate is permitted over headers where the headers are adequately tied to adjacent wall sections in accordance with Table R602.3.2.

b. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.2.3: MINIMUM NUMBER OF BRACED WALL PANELS:

Section R602.10.2.3 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

R602.10.2.3 Minimum number of braced wall panels. Braced wall lines with a length of 16 feet (4877 mm) or less shall have not less than two braced wall panels of any length or one braced wall panel equal to 48 inches (1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall have not less than two braced wall panels. No braced wall panel shall be less than 48 inches in length in Seismic Design Category D0, D1, or D2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.3: TABLE R602.10.3(3):

Table R602.10.3(3) of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

a. Linear interpolation shall be permitted.

b. Interpolation of bracing length between the Sds values associated with the seismic design categories shall be permitted when a site-specific Sds value is determined in accordance with Section 1613.2 of the California Building Code.

c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table.

d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws in accordance with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board. Spacing of fasteners at panel edges shall not exceed 8 inches.

e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1, and D2.

f. Methods PFH, PFG and ABW are only permitted on a single story or a first of two stories.

g. Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.

h. One- and two- family dwellings in Seismic Design Category D2 exceeding two stories shall be designed in accordance with accepted engineering practice.

i. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1, and D2. Methods DWB, SFB, PBS, HPS, and CS-SFB are not permitted in D0, D1, and D2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.4: BRACING METHODS:

Table R602.10.4 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.5: MINIMUM LENGTH OF BRACED WALL PANELS:

Table R602.10.5 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

TABLE R602.10.5 – MINIMUM LENGTH OF BRACED WALL PANELS
METHOD (See Table R602.10.4)		MINIMUM LENGTHa (inches)					CONTRIBUTING LENGTH (inches)
		Wall Height
		8 feet	9 feet	10 feet	11 feet	12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP		48	48	48	53	58	Actualb
GB		48	48	48	53	58	Double sided = Actual Single sided = 0.5 × Actual
LIB		55	62	69	NP	NP	Actualb
ABW	SDC A, B and C, ultimate design wind speed < 140 mph	28	32	34	38	42	48
ABW	SDC D0, D1 and D2, ultimate design wind speed < 140 mph	32	32	34	NP	NP	48
CS-G		24	27	30	33	36	Actualb
CS-WSP, CS-SFB	Adjacent clear opening height (inches)
	≤ 64	24	27	30	33	36	Actualb
	68	26	27	30	33	36
	72	27	27	30	33	36
	76	30	29	30	33	36
	80	32	30	30	33	36
	84	35	32	32	33	36
	88	38	35	33	33	36
	92	43	37	35	35	36
	96	48	41	38	36	36
	100	—	44	40	38	38
	104	—	49	43	40	39
	108	—	54	46	43	41
	112	—	—	50	45	43
	116	—	—	55	48	45
	120	—	—	60	52	48
	124	—	—	—	56	51
	128	—	—	—	61	54
	132	—	—	—	66	58
	136	—	—	—	—	62
	140	—	—	—	—	66
	144	—	—	—	—	72
METHOD (See Table R602.10.4)		Portal header height
METHOD (See Table R602.10.4)		8 feet	9 feet	10 feet	11 feet	12 feet
PFH	Supporting roof only	16 24	16 24	16 24	Note c	Note c	48
PFH	Supporting one story and roof	24	24	24	Note c	Note c	48
PFG		24	27	30	Note d	Note d	1.5 × Actualb
CS-PF	SDC A, B and C	16	18	20	Note e	Note e	1.5 × Actualb
CS-PF	SDC D0, D1 and D2	16 24	18 24	20 24	Note e	Note e	Actualb

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s.

NP = Not Permitted.

a. Linear interpolation shall be permitted.

b. Use the actual length where it is greater than or equal to the minimum length.

c. Maximum header height for PFH is 10 feet in accordance with Figure R602.10.6.2, but wall height shall be permitted to be increased to 12 feet with pony wall.

d. Maximum header height for PFG is 10 feet in accordance with Figure R602.10.6.3, but wall height shall be permitted to be increased to 12 feet with pony wall.

e. Maximum header height for CS-PF is 10 feet in accordance with Figure R602.10.6.4, but wall height shall be permitted to be increased to 12 feet with pony wall.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.6.1: METHOD ABW:

Figure R602.10.6.1 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.6.2: METHOD PFH:

Figure R602.10.6.2 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R602.10.6.4: METHOD CS-PF:

Figure R602.10.6.4 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R606.4.4: PARAPET WALLS:

Section R606.4.4 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

R606.4.4 Parapet walls. Unreinforced solid masonry parapet walls shall not be less than 8 inches (203 mm) thick and their height shall not exceed four times their thickness. Unreinforced hollow unit masonry parapet walls shall be not less than 8 inches (203 mm) thick, and their height shall not exceed three times their thickness. Masonry parapet walls in areas subject to wind loads of 30 pounds per square foot (1.44 kPa) or located in Seismic Design Category D0, D1 or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R606.12.2.2.3: REINFORCEMENT REQUIREMENTS FOR MASONRY ELEMENTS:

Section R606.12.2.2.3 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:

R606.12.2.2.3 Reinforcement requirements for masonry elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(2) and in accordance with the following:

1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm). Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.

2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be within 8 inches (203 mm) of the ends of masonry walls.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R703.6: WOOD SHAKES AND SHINGLES:

Section R703.6 (including R703.6.1, R703.6.2, and R703.6.3) of Chapter 7, Part 2.5 of the CBC is deleted in its entirety and replaced with the following:

R703.6 Wood shakes and shingles.

A. No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure. No wood board, hardboard, or engineered wood siding shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zone. Pressure-treated wood, intumescent paints, and other protective coatings shall not be allowed in the Burbank Fire Hazard Severity Zone.

EXCEPTIONS: The following types of siding may be used:

1. Fiber-Cement siding with a Class A fire rating.

2. Vinyl siding with a Class A fire rating. Such vinyl siding shall be installed over one layer of Type X gypsum board with a minimum thickness of 1/2".

3. Alternate siding materials may be approved by the Building Official and Fire Chief in accordance with Section 104.11 of the California Building Code.

B. EXISTING WOOD EXTERIOR REPAIRS.

Section 9-1-2-R703.6(A) shall not apply:

1. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of less than 25 percent of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zone. No exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zone.

2. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of 25 percent or more of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zone. In such circumstances, if the building or structure is located in a commercial or industrial zone, pressure-treated wood shakes or pressure-treated wood shingles with a Class B rating shall be used with a one-hour wall and in all other areas of the City, pressure-treated wood shakes or pressure-treated wood shingles with a Class C rating shall be used with a one-hour wall. For the purposes of this ordinance, 25 percent of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall covering existing on the effective date of this ordinance. No wood exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zone.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R803.2.4: OPENINGS IN HORIZONTAL DIAPHRAGMS:

The following section is added to Chapter 8, Part 2.5 of the CBC:

R803.2.4 Openings in horizontal diaphragms. Openings in horizontal diaphragms shall conform with Section R503.2.4.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R806.1.2: GABLE END OR DORMER ATTIC VENTS:

The following section is added to Chapter 8, Part 2.5 of the CBC:

R806.1.2 Gable end or dormer attic vents. Gable end or dormer vents shall be located at least 10 feet from property lines.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R806.5: UNVENTED ATTIC ASSEMBLIES:

Subsection 3 of Section R806.5 of Chapter 8, Part 2.5 of the CBC is amended and restated as follows:

3. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R902.2: FIRE-RETARDANT-TREATED SHINGLES AND SHAKES:

Section R902.2 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:

R902.2 Fire-retardant-treated shingles and shakes. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R905.7: WOOD SHINGLES:

Section R905.7 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:

R905.7 Wood shingles. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R905.8: WOOD SHAKES:

Section R905.8 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:

R905.8 Wood shakes. No wood roof covering shall be installed on any new or existing building or structure.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R908.3.1.1: ROOF REPLACEMENT:

Subsection 2 of Section R908.3.1.1 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:

2. Where the existing roof covering is slate, clay, cement, asbestos-cement tile, wood shake or wood shingle.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2R-R908.4: ROOF RECOVERING:

Section R908.4 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:

R908.4. Roof recovering. No wood roof covering shall be installed on any new or existing building or structure, and no roof covering of any type shall be installed over existing wood shingle or shake roofs.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 3. CALIFORNIA ELECTRICAL CODE

9-1-3: ADOPTION OF 2022 CALIFORNIA ELECTRICAL CODE:

Part 3 of Title 24 of the California Code of Regulations, also known as the “California Electrical Code,” which is part of the California Building Standards Code, 2022 Edition, together with Annexes C and I, as adopted by the California Building Standards Commission and the National Fire Protection Association is hereby adopted without local amendments, by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-3-80.97: ELECTRIC VEHICLE CHARGING STATION EXPEDITED REVIEW PROCESS:

A. PURPOSE.

The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also purposed to comply with California Government Code Section 65850.7.

B. DEFINITIONS.

The following words and phrases as used in this section are defined as follows:

(1) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(2) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date of the application was deemed complete.

(3) “Electronic submittal” means the utilization of one or more of the following:

a. e-mail

b. the internet

C. EXPEDITED PERMITTING PROCESS.

Section 65850.7 of the California Government Code provides that in developing an expedited permitting process, the City shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The Building Official is hereby authorized and directed to develop and adopt such checklist. The expedited, streamlined permitting process and checklist incorporates the recommendations contained in the most current version (which may change from time to time) of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The checklist shall be published on the City’s website.

D. PERMIT APPLICATION PROCESSING.

1. As part of the permit application submittal, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

2. The application shall demonstrate compliance with Burbank Water and Power’s (BWP) interconnection policies.

3. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist; are consistent with all applicable laws and health and safety standards; and demonstrate compliance with BWP’s interconnection policies, then the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary non-discretionary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by BWP. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

4. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

E. TECHNICAL REVIEW.

1. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit. A decision affecting review of the use permit is appealable to the Community Development Director. A decision by the Community Development Director may be appealed to the Planning Commission.

2. In technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

F. ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS.

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission or BWP regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. [Added by Ord. No. 22-3,981, eff. 1/1/23. Amended by Ord. 22-3,983, eff. 12/16/22.]

9-1-3-80.99: SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS:

A. The following words and phrases as used in this section are defined as follows: “Electronic submittal” means the utilization of one or more of the following:

1. e-mail

2. the internet

“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (3) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time, but shall mean until that time either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official is hereby authorized and directed to develop and adopt such checklist.

C. The checklist shall be published on the City’s internet website. The applicant may submit the permit application and associated documentation to the City’s Building Division by personal or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

D. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

E. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and a Fire Official. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

F. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

G. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the Burbank Water and Power Department’s electricity grid. The applicant is responsible for obtaining such approval or permission from the Burbank Water and Power Department. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 4. CALIFORNIA MECHANICAL CODE

9-1-4: ADOPTION OF 2022 CALIFORNIA MECHANICAL CODE:

Part 4 of Title 24 of the California Code of Regulations, also known as the “California Mechanical Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission and the International Association of Mechanical and Plumbing Officials is hereby adopted without local amendments, by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 5. CALIFORNIA PLUMBING CODE

9-1-5: ADOPTION OF 2022 CALIFORNIA PLUMBING CODE:

Part 5 of Title 24 of the California Code of Regulations, also known as the “California Plumbing Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-5-407.2.1: RESTROOM AERATORS:

The following section is added to Chapter 4, Part 5 of the CBC:

407.2.1.1 Restroom aerators. Except as otherwise provided in this Code, a 1.0 gallon per minute (gpm) faucet aerator shall be installed and maintained in all toilet rooms that are not located within a dwelling or home occupation.

Exemptions:

1. Metered faucets, such as those with spring or infrared actuators; and

2. A permitted, previously installed approved faucet that does not allow the addition of an aerator accessory due to physical characteristics of the faucet.

Failure to either receive notice or failure to obtain a business tax license on the part of the business or property owner does not exempt that business or property from the requirements of this section. Whenever the Building Official has found and determined that the subject business or property has failed to comply with the requirements of this section, the Building Official may use the procedures set forth in Section 9-1-13-106.5.2 “Procedures for Abatement of Violations or Unlawful Conditions” of this code for the abatement of such condition.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 6. CALIFORNIA ENERGY CODE

9-1-6: ADOPTION OF 2022 CALIFORNIA ENERGY CODE

Part 6 of Title 24 of the California Code of Regulations, also known as the “California Energy Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Energy Commission and the California Building Standards Commission, is hereby adopted without local amendments, by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 7. RESERVED

Article 8. CALIFORNIA HISTORICAL BUILDING CODE

9-1-8: ADOPTION OF 2022 CALIFORNIA HISTORICAL BUILDING

Part 8 of Title 24 of the California Code of Regulations, also known as the “California Historical Building Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted without local amendments, by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 9. CALIFORNIA FIRE CODE

9-1-9: ADOPTION OF 2022 CALIFORNIA FIRE CODE:

Part 9 of Title 24 of the California Code of Regulations, also known as the “California Fire Code,” which is part of the California Building Standards Code, 2022 Edition, including the table of contents, all annexes, appendices, and the index, as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-100: GENERAL:

A. PUBLIC INSPECTION.

The California Fire Code, and all secondary codes referred to therein are on file and open to public inspection in the office of the Building and Safety Division and the Fire Department.

B. SPECIAL CLIMATIC, GEOGRAPHICAL, TOPOGRAPHICAL, AND ENVIRONMENTAL CONDITIONS.

Certain areas of the City of Burbank are characterized by mountainous hillsides, heavy vegetation, and narrow streets. These conditions, combined with Burbank’s climate, exacerbate the potential for fires to spread and require certain amendments to the California Fire Code to ensure the safety of persons and property. In addition, certain modifications are required due to the fact that in many locations in the City, especially in the hillside, there are access and egress problems, which can make a timely emergency response more difficult.

Also, the City requires a higher degree of fire safety due to the fact that the City is within an earthquake zone. In the event of an earthquake, numerous structures in the City could be seriously damaged and emergency response crews would not be available to respond to every incident immediately. Various amendments to the California Fire Code will ensure greater protection from fires which can occur (and if unchecked spread quickly due to the City’s density and terrain) in an earthquake. In addition to hazards to structures and persons, the safe storage and disposal of hazardous material could be adversely affected by seismic activity. Similarly, the potential for leaks from storage tanks after a seismic event is great. The modifications will provide higher levels of safety for the public during and immediately after a major earthquake.

Finally, certain other amendments are required because the City is highly urbanized, has dense residential areas, and in some areas has very small residential lots. Furthermore, numerous residential areas are located in close proximity to non-residential uses, such as manufacturing, media and airport uses, all of which present special and unique hazards. The density of the City and the proximity of residential uses to other uses require additional safeguards to protect life and property of the residents, employees and visitors of the City.

The Council hereby finds that it is reasonably necessary to make certain changes or modifications in the California Fire Code as adopted by the California Building Standards Commission based on the 2022 International Fire Code, and that such changes and modifications are reasonably necessary because of climatic, geographical, topographical, or environmental conditions which pertain to the City of Burbank. Such changes and modifications are herein more particularly set forth in this Article.

C. SHORT TITLE.

In this article and any ordinance or resolution of the City where the phrase “Fire Code” appears, such phrase shall be deemed to refer and apply to the California Fire Code (“CFC”) which is described and referred to in the preceding section, as the same is amended by this Article.

D. NUMBERING OF CODE.

In order to provide consistency between this article and the provisions of the California Fire Code the section, subsection, and paragraph numbers or designations of the California Fire Code shall be retained in this article and shall be preceded by the prefix “9-1-9”. The 9 refers to this Title, the number 1 refers to this Chapter and the second number 9 refers to this Article. The subsequent numbers and decimal points are the section and subsection designations used in or added to the California Fire Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-104.4.1: FIRE PREVENTION BUREAU PERSONNEL AND POLICE:

The following section is added to Chapter 1, Part 9 of the CFC:

104.4.1. Fire prevention bureau personnel and police. Members of the Fire Department may act as peace officers only as permitted by Section 830.37 of the California Penal Code. All members of the Fire Department at the rank of Captain and above; and all members of the Fire Prevention Bureau who are peace officers as defined in Section 830.37 of the Penal Code and members who have been designated by the Fire Code Official as arson investigators and who have satisfactorily completed the courses of training required by Section 832 of the Penal Code are designated as peace officers. Fire Captains assigned to the arson investigation unit are authorized to carry a firearm with permission of the Fire Chief, while engaged as a member of an arson investigating unit, regularly employed and paid as such, in the detection and apprehension of persons who have violated or who are suspected of having violated any fire law, or while exclusively engaged in the enforcement of laws relating to fire prevention and fire suppression, provided such practice is in compliance with current applicable state laws and City Policy.

When requested to do so by the Fire Code Official, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-104.10.1.1: APPEAL TO FIRE CODE OFFICIAL:

The following section is added to Chapter 1, Part 9 of the CFC:

104.10.1.1 Appeal to Fire Code Official. Whenever an Order or Notice issued or served under this Code is signed by a member of the fire department, the owner or occupant or other person served may appeal to the Fire Code Official within five (5) days from the time of service, exclusive of Saturdays, Sundays, or holidays. The Fire Code Official shall review such Order or Notice and render a decision within seven (7) days from the review or hearing of the appeal. The Fire Code Official may affirm or revoke the Notice or may extend the time fixed for compliance. Unless revoked, the Order of Notice shall remain in full force and effect and shall be complied with within the time originally fixed, or if an extension is granted, within the time prescribed in the extension.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-104.11.1.1: INVESTIGATIONS:

The following section is added to Chapter 1, Part 9 of the CFC:

104.11.1.1 Investigations. The Fire Department shall promptly investigate the cause, origin and circumstances of each and every fire occurring in the City involving loss of life or injury to person or destruction or damage to property. If it appears that such fire is of suspicious origin, the fire department is authorized to take immediate charge of all physical evidence relating to the cause of the fire and is authorized to pursue the investigation to its conclusion.

The Fire Department shall investigate the cause, origin and circumstances of unauthorized releases of hazardous materials.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-104.12.3.1: COST OF EMERGENCY RESPONSE:

The following section is added to Chapter 1, Part 9 of the CFC:

104.12.3.1 Cost of emergency response. Any person owning or maintaining any occupancy, premises, or vehicle subject to this Code, who negligently or intentionally causes a fire or fire hazard resulting in an appropriate emergency response, which had been previously ordered abated by the Fire Code Official, is liable for all costs of the emergency response to the incident, as set forth in the Burbank Fee Resolution.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.1.2.3: INSPECTION FEE:

The following subsection is added to Section 105.1.2 of Chapter 1, Part 9 of the CFC:

105.1.2.3 Fire and life safety plan check permit fees (Form FD-4) cover three on-site inspections. When more than three inspections are required for the same inspection, an inspection fee will be charged as set forth in the Burbank Fee Resolution for each hour or portion of an hour required for additional inspections needed to gain compliance. Records of inspections and determination of billing hours will be completed by the inspector.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.1.7: PERMIT FEES:

The following section is added to Chapter 1, Part 9 of the CFC:

105.1.7 Permit fees. It shall be unlawful for any person, group, firm, or corporation to use a building or premises or engage in any activities for which a permit is required by this Code without first having obtained such permit. Permits are obtained from the Bureau of Fire Prevention. Any person required by this Code to have a permit shall apply for such permit, and shall pay a fee as designated in the Burbank Fee Resolution. Unless otherwise specified, such fee shall be paid annually on the first day of the month in which such permit application was first made. Failure to comply with this section shall be a misdemeanor.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.2.5: PERMIT FEE EXEMPTIONS:

The following section is added to Chapter 1, Part 9 of the CFC:

105.2.5 Permit fee exemptions.

A. GOVERNMENT FEE EXEMPTION.

The City of Burbank, the County of Los Angeles, the Burbank Unified School District, and/or any department or office thereof are exempt from paying a permit fee for any activity, operation practice or function requiring a permit under Section 105 of the California Fire Code.

B. NON-PROFIT ORGANIZATION FEE EXEMPTIONS.

Any charitable, educational, religious, or other non-profit benevolent institution is exempt from paying a permit fee for the following activities, provided the net proceeds, if any, of such activity are to be used exclusively for charitable, educational, religious, benevolent, or civic purposes:

1. Carnivals and fairs.

2. Temporary placement of displays in a covered mall.

3. Parade floats.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.2.6: SELF-INSPECTION:

The following section is added to Chapter 1, Part 9 of the CFC:

105.2.6 Self-inspection. Self-inspection programs may be developed, implemented, and enforced as determined necessary by the Fire Code Official. Compliance with self-inspection program requirements, including completing and returning all forms within 30 days, shall be mandatory and subject to penalties for non-compliance.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.2.7: AUTOMATIC ADJUSTMENT OF FEES:

The following section is added to Chapter 1, Part 9 of the CFC:

105.2.7 Automatic adjustment of fees. Fees and charges imposed pursuant to this article, as set forth in the Burbank Fee Resolution, shall be adjusted annually on the first day of July. The annual adjustment shall be made by adjusting all the current fees required in this article by a percentage equal to the inflation rate for the prior year for construction costs as determined by the Building Official on December 31st of each calendar year. The Building Official’s determination shall be based upon the Engineering News-Record, Construction Cost Index for the calendar year as of December 31st.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.2.7.1: EXCEPTION: ACTION BY COUNCIL:

The following section is added to Chapter 1, Part 9 of the CFC:

105.2.7.1 Exception: action by Council. Nothing in this section shall prevent the Burbank City Council from making rate and fee adjustments greater or less than indicated by the above calculation.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.2.8: CODE VIOLATION INSPECTION FEE:

The following section is added to Chapter 1, Part 9 of the CFC:

105.2.8 Code violation inspection fee. When compliance for a code violation is not completed within three inspections, an inspection fee as set forth in the Burbank Fee Resolution shall be charged for each hour or any portion of an hour required for additional inspections needed to gain compliance. Records of inspections and determination of billing hours will be completed by the inspector.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.3.1.2: INVESTIGATION FEES: WORK WITHOUT A PERMIT:

The following section is added to Chapter 1, Part 9 of the CFC:

105.3.1.2 Investigation fees: work without a permit.

A. INVESTIGATION. Whenever any work, operation, or action for which a permit is required by this Code has commenced without first obtaining said permit, the work, operation, or action shall cease and a special investigation shall be made before a permit may be issued for such work.

B. FEE. An investigation fee in an amount designated in the Burbank Fee Resolution, as may be amended by the Council from time to time, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.4.1: HELICOPTER OPERATIONS:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.4.1 Helicopter operations. A permit is required for helicopter operations.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.5.1: PARADE FLOATS:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.5.1 Parade floats. A permit is required to use a parade float for public performance, presentation, spectacle, entertainment, or parade. See Chapter 3 of the 2022 CFC.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.6.1: CELLULOSE NITRATE STORAGE:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.6.1 Cellulose nitrate storage. A permit is required to store or handle more than 25 pounds (11.3 kg) of cellulose nitrate plastic (pyroxylin) for the manufacturing or assembly of articles or parts of articles containing cellulose nitrate plastics (pyroxylin). See Chapter 3 of the 2022 CFC.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.23.1: AUTOMATIC ADJUSTMENT FOR UNDERGROUND TANK FEES:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.23.1 Automatic adjustment for underground tank fees. Fees and charges relating to underground tanks as designated in the Burbank Fee Resolution shall be updated and changed annually on the first day of July each year beginning January 1, 1991, by an adjustment as set forth in this section.

An automatic adjustment, as provided for in the fee resolution, shall not become effective until the thirty-first (31st) day after the Fire Code Official has provided the Council with written notification of such adjustment. The Fire Code Official shall file with the City Clerk, a certification, in a form approved by the City Attorney, demonstrating compliance with this subsection.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.23.2: ANNUAL ADJUSTMENT:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.23.2 Annual adjustment. The annual adjustment shall be made by multiplying the underground tank related fees in the Burbank Fee Resolution by the Los Angeles/Riverside/Orange County, California Consumer Price Index (CPI) for all urban consumers of the preceding February and by dividing the result of said multiplication by the same index of the February of the previous year, as reported by the CPI detail report, Bureau of Labor Statistics.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.5.23.3: EXCEPTION: ACTION BY COUNCIL:

The following section is added to Chapter 1, Part 9 of the CFC:

105.5.23.3 Exception: action by Council. Nothing in this section shall prevent the Burbank City Council from making rate and fee adjustments greater or less than indicated by the above calculation. An automatic adjustment, as provided for in the fee resolution, shall not become effective until the thirty-first (31st) day after the Fire Code Official has provided the Council with written notification of such adjustment. The Fire Code Official shall file with the City Clerk, a certification, in a form approved by the City Attorney, demonstrating compliance with this subsection.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.6: REQUIRED CONSTRUCTION PERMITS:

Section 105.7 of Chapter 1, Part 9 of the CFC is amended and restated as follows:

105.6 Required construction permits. The Fire Code Official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.26.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-105.6.25: OTHER:

The following section is added to Chapter 1, Part 9 of the CFC:

105.6.25 Other. Any permit required by the Fire Code Official and not otherwise covered above.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-111.5: BOARD OF BUILDING AND FIRE CODE APPEALS:

The following section is added to Chapter 1, Part 9 of the CFC:

111.5 Board of Building and Fire Code Appeals. Any person aggrieved by a decision of the Fire Code Official pertaining to suitability of alternate materials, types of construction, or interpretation of the Fire Code may appeal to the Board of Building and Fire Code Appeals by filing a written notice with the Fire Code Official which must state briefly therein the grounds for appeal. The Fire Code Official decisions are not appealable where those decisions are clearly supported by the Code. The Fire Code Official shall fix a time and place for hearing such appeal within sixty (60) days from the date notice of appeal was filed and shall give not less than five (5) days’ notice thereof to appellant and to each member of the Board. No notice of appeal shall be accepted unless the appellant first pays to the Fire Code Official the fee as designated in the Burbank Fee Resolution for filing such appeal. The decision of the Board shall be final and conclusive. Within seven (7) days thereafter, exclusive of Saturday, Sunday, and holidays, the Fire Code Official shall give notice of the decision to the appellant.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-112.3.5: WARNING SIGNS:

The following section is added to Chapter 1, Part 9 of the CFC:

112.3.5 Warning signs. Whenever the Fire Code Official shall determine that warning signs are required in the protection of persons or property from injury due to unauthorized entry into fire or explosion damaged buildings, the Fire Code Official shall order such buildings adequately posted with signs reading, “DANGER FIRE-DAMAGED BUILDING, KEEP OUT.” It shall be unlawful for any person to enter or remain within any such posted damaged building, except that the occupants/owners of the building or of any materials or equipment therein, their authorized representatives or invitees, public officers acting in the course of duty, and representatives of public or private utilities, shall be exempt from the provisions of this section.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-112.4.2: VIOLATION PENALTIES:

Section 112.4.2 of Chapter 1, Part 9 of the CFC is amended and restated as follows:

112.4.2 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a/an misdemeanor or infraction, punishable by a fine of not more than $500.00 dollars or by imprisonment of not more than 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-202: DEFINITIONS:

Section 202 of Chapter 2, Part 9 of the CFC is amended by adding the following definitions:

APPROACH-DEPARTURE PATH: Is the flight path of the helicopter as it approaches or departs from the designated helicopter takeoff and landing area. The approach-departure path is measured from the edge of the takeoff and landing area and is a rising slope determined by a ratio of eight feet horizontal distance for every one foot of vertical height.

EMERGENCY HELISTOP: Is any helicopter takeoff and landing area designated for use in an emergency, such as firefighting, evacuation, or rescue operations.

HIGH-RISE BUILDING: Is a building having floors used for human occupancy located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access, as measured from the walking surface of the highest human occupied floor to the surface of the lowest fire department access road complying with Chapter 5 of the 2022 California Fire Code.

EXCEPTIONS:

1. Health Facility as defined in Section 1250 of the Health and Safety Code.

2. Buildings used exclusively as open parking garages.

3. Buildings where all floors above 75 foot (22 860 mm) level are used exclusively as open parking garages.

4. Floors of buildings used exclusively as open parking garages and located above all other floors used for human occupancy.

5. Buildings such as power plants, lookout towers, steeples, grain houses, and similar structures with non-continuous human occupancy, when approved.

6. Buildings used exclusively for jails and prisons.

MID-RISE BUILDING: Is a building having floors used for human occupancy located more than 35 feet (10 668 mm), but less than 75 feet (22 860 mm) above the lowest level of fire department vehicle access, as measured from the walking surface of the highest human occupied floor to the surface of the lowest fire department access road complying with Chapter 5 of the 2022 California Fire Code.

EXCEPTIONS: See the list of exceptions under High-Rise Building.

PERIPHERAL AREA: Is an obstruction free (i.e., no intrusions into the approach-departure path) area adjacent to the takeoff and landing area serving as a safety zone.

TAKEOFF AND LANDING AREA: Is the designated area on the helicopter landing facility from which helicopter departures and approaches are intended to originate or terminate.

TEMPORARY LANDING SITE: Is any helicopter takeoff and landing area which is allowed, under a permit, for a limited time period, as approved by the Fire Code Official.

TOUCHDOWN PAD: Is the load bearing portion of the helicopter landing facility designated takeoff and landing area on which a helicopter may land. The touchdown pad is the same size as the takeoff and landing area.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-304.1.1.1: PREMISES MAINTENANCE:

The following section is added to Chapter 3, Part 9 of the CFC:

304.1.1.1 Premises maintenance. All exterior property and premises, and the interior of every structure, shall be maintained in a clean and safe condition and kept free from any accumulation of rubbish or garbage. The interior shall be maintained so as not to impede the egress of occupants, endanger other structures because of excessive, improper, or unapproved fire loading or storage practices or endanger firefighters who respond to an emergency therein.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-304.1.2.1: ESTABLISHMENT OF THE BURBANK VERY HIGH FIRE HAZARD SEVERITY ZONE:

The following section is added to Chapter 3, Part 9 of the CFC:

304.1.2.1 Establishment of the Burbank Very High Fire Hazard Severity zone. For the purpose of the Burbank Fire Code, the Burbank Very High Fire Hazard Severity Zone is hereby established. The boundaries of the Burbank Very High Fire Hazard Severity Zone are shown on a map designated “Burbank Very High Fire Hazard Severity Zone” consisting of one sheet on file in the Office of the Fire Official, which map, together with any amendments thereto, is hereby adopted and made a part of the Burbank Fire Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-304.1.2.2: FIRE HAZARD REDUCTION IN VERY HIGH FIRE HAZARD SEVERITY ZONE:

The following section is added to Chapter 3, Part 9 of the CFC:

304.1.2.2 Fire hazard reduction in Very High Fire Hazard Severity Zone.

A. General brush removal. Cut or uncut weeds, grass, vines, palm fronds, and other vegetation shall be removed as set forth herein. Additional areas may be requested to be cleared if determined by the Fire Code Official to be a fire hazard. When the Fire Code Official determines that total removal of growth is impractical due to size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish the fuel breaks.

B. Specific requirements. Each person who has any ownership or possessory interest in, or control of, a parcel of land shall:

1. Maintain CLEARANCE: 0 - 100 Feet

a. Remove from the property all dead trees, and maintain all weeds and other vegetation at a height of no more than three inches, except as otherwise provided therein, if such weeds or other vegetation are within 100 feet of a building or structure located on such property or on adjacent property. This requirement does not apply to the maintenance of trees, ornamental shrubbery, or plants which are used as ground cover provided such do not provide a ready fuel supply to augment the spread or intensity of a fire.

b. Native shrubs may remain provided such shrubs are trimmed up from the ground to one-third of their height, do not exceed 216 cubic feet in volume, are spaced at a distance of not less than three times their maximum diameter but not less than 18 feet from the edge of any other native shrub, building, or structure, and all dead wood and other combustible material within 18 feet of such shrubs are removed except as provided above.

c. Maintain trees which are 18 feet or more in height and are within 100 feet of any building or structure or within 10 feet of that portion of any highway, street, alley, or driveway which is improved or used for vehicle travel or other vehicular purposes, so that no leafy foliage, twigs, or branches are within six feet of the ground. Trees and shrubs less than 18 feet shall be trimmed up 1/3 of their height.

d. Remove any portion of a tree which extends within 10 feet of the outlet of a chimney or stovepipe.

e. Keep all trees, shrubs, and other growing vegetation or portions thereof adjacent to or overhanging any building or structure free of dead limbs, dead palm fronds, branches, and other combustible matter.

f. Maintain five feet of vertical clearance between roof surfaces and portions of trees overhanging any building or structure.

g. Remove dead palm fronds on all palm trees.

h. Maintain the roofs of all buildings or structures free of leaves, needles, twigs, and other combustible matter.

i. Maintain all weeds and other vegetation located within 10 feet of any combustible fence or an edge of that portion of any highway, street, alley, or driveway improved or used for vehicular travel or for other vehicular purposes at a height of not more than three inches. This shall not require the removal of trees, ornamental shrubbery, or plants which are used as ground cover, provided such do not provide a ready fuel supply to augment the spread or intensity of a fire, nor require the removal of native shrubs which meet the requirements set forth in section (b).

j. Maintain all landscape vegetation, including, but not limited to conifers (e.g., cedar, cypress, fir, juniper, and pine), eucalyptus, acacia, palm, and pampas grass in such a condition as not to provide an available fuel supply to augment the spread or intensity of a fire.

k. Remove and/or safely dispose of all cut vegetation and hazardous refuse.

l. Burbank Fire Department personnel may introduce greater protection levels in high danger areas. In cases where difficult terrain, danger, erosion or unusual circumstances make compliance impractical, the Burbank Fire Department may suspend or adjust the requirements.

2. Maintain CLEARANCE: 100 - 200 Feet.

(Fuel Modification Zone):

An additional 100 feet of clearance measured from a building or structure located on such property or on adjacent property, is also required by the Fire Department for a total clearance of 200 feet. The native brush in this zone shall be reduced by 50 percent. Sumac clusters shall be reduced leopard spot style and meet the requirements outlined in section (b). The brush may be cut, chipped, or chopped to lay flat and may be left on the site to a maximum depth of 6". Clearance must conform to California FAIR Plan Standards.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-304.1.2.3: ENFORCEMENT:

The following section is added to Chapter 3, Part 9 of the CFC:

304.1.2.3 Enforcement. The Fire Code Official is authorized to administer and enforce the provisions of Section 304.1.2. Property owners will be notified and provided reasonable time frames to comply. Failure to comply shall be a violation of the Code and may result in citation and/or hazard abatement by the City’s designated contractor at the property owner’s expense.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-307.1.1.1: OPEN BURNING GENERAL:

The following section is added to Chapter 3, Part 9 of the CFC:

307.1.1.1 Open burning general. The Fire Code Official is authorized to issue a permit for open burning only for the following purposes and subject to the provisions hereinafter set forth:

A. The prevention or removal of a fire hazard which cannot be abated by any other means, restricted to the hours of six (6) a.m. to twelve (12) noon of any day.

B. City lot burning crews operating under the authority of the Public Works Director.

C. The instruction of public employees in the methods of fighting fire.

D. On property used for commercial/industrial purposes for the instruction of employees in the methods of fighting fire.

E. For public or private gatherings under the legitimate sponsorship of civic, fraternal, religious, or other similar organizations.

F. Permits to burn must comply with regulations of the South Coast Air Quality Management District.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-307.1.1.2: STARLIGHT AMPHITHEATER – OPEN FLAMES AND BURNING PROHIBITED:

The following section is added to Chapter 3, Part 9 of the CFC:

307.1.1.2 Starlight amphitheater - open flames and burning prohibited. No person shall light a flame or cause the combustion of any flammable substance or matter at any time at or on the premises of the Starlight Amphitheater.

EXCEPTION: Areas which have been designated as approved for smoking by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-315.1.1: CORRECTIVE ACTIONS:

The following section is added to Chapter 3, Part 9 of the CFC:

315.1.1: Corrective actions. The Fire Code Official may give notice to the owner of the property upon which conditions regulated by Section 315 of the 2022 CFC exist to correct such condition. If the owner fails to correct such condition, the Fire Code Official may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists in the manner and under the procedures provided in Article 2 of Title 4 Chapter 2 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-401.3.3.1: REPORTING EMERGENCIES:

The following section is added to Chapter 4, Part 9 of the CFC:

401.3.3.1 Reporting emergencies. In the event a fire occurs, a fire alarm is activated, or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property occurs, the owner or occupant shall without delay report such condition to the Fire Department.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-403.11.1(a): REQUIREMENTS FOR PUBLIC SAFETY:

The following section is added to Chapter 4, Part 9 of the CFC:

403.11.1(a) Requirements for public safety. When necessary for the preservation of life or property, the Fire Code Official is authorized to assign a Fire Safety Officer(s) (FSO) and/or fire apparatus equipment on a case by case basis.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-504.3.1: HIGH-RISE AND MID-RISE BUILDINGS:

The following section is added to Chapter 5, Part 9 of the CFC:

504.3.1 High-rise and mid-rise buildings. High-rise and mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for firefighting and rescue operations.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-504.3.1.2: HIGH-RISE AND MID-RISE STAIRSHAFT DOORS:

The following section is added to Chapter 5, Part 9 of the CFC:

504.3.1.2 High-rise and mid-rise stairshaft doors.

A. ACCESS.

All stair shaft doors at each building level shall provide access to the building for fire department use.

B. EXTERIOR ACCESS.

There shall be provided for Fire Department use at least one access door to one enclosed exit stair shaft that serves all building levels and the roof at the main entrance level outside the building.

C. OBSTRUCTIONS.

All enclosed exit stairways shall be continuous to each floor served in either direction and shall be without obstructions such as intervening doors and gates.

EXCEPTION: Approved barriers provided at the ground floor level to prevent persons traveling downward from accidentally continuing into the basement. In accordance with section 1023.8 of the 2022 Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-504.3.1.3: LOCKS:

The following section is added to Chapter 5, Part 9 of the CFC:

504.3.1.3 Locks. Locking of enclosed exit stair shaft doors.

1. All enclosed exit stair shaft doors which are to be locked from the stair shaft side shall have the capability of being unlocked without unlatching, by all of the following methods:

1.1 A manual signal from the central fire control room.

1.2 The actuation of a fire alarm device.

1.3 Upon failure of electrical power.

2. When enclosed exit stair shaft doors are locked from the stairway side, an approved emergency communication system directly connected to the building control station, proprietary supervisory station, or other approved emergency location shall be available to the public and shall be provided at every fifth floor landing in each required enclosed exit stair shaft.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-504.3.1.4: HIGH-RISE EMERGENCY HELICOPTER LANDING FACILITY:

The following section is added to Chapter 5, Part 9 of the CFC:

504.3.1.4 High-rise emergency helicopter landing facility. High-rise buildings may be required to provide an emergency helicopter landing facility located on the roof in an area approved by the Fire Code Official when required by the Fire Code Official, which shall be determined on a case by case basis, and required when design of the building poses safety concerns to fire fighters and/or exiting of occupants. In such case, the roof structure shall be designed and constructed to support a minimum live load of fifteen thousand (15,000) pounds (6,804kg). Such landing facility shall be installed as required for Helistops in 1607.6 of the CBC.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-504.5: HIGH-RISE AND MID-RISE ELEVATORS:

The following section is added to Chapter 5, Part 9 of the CFC:

504.5 High-rise and mid-rise elevators.

A. GENERAL. In every bank of elevators, there shall be provided and available to the fire department, an elevator that opens on to each floor served by the individual bank. A bank of elevators is one or more elevator cars controlled by a common operating system, or where all elevator cars will respond to a single call button.

B. LOBBIES. Elevators shall open into a lobby on all floors except the lowest terminal floor of building entry. Lobbies may serve more than one (1) elevator. Lobbies shall be separated from the corridor by one (1) hour fire resistive construction with all openings protected by tight fitting twenty (20) minute door assemblies designed to close automatically upon activation of a detector which will respond to visible or invisible particles of combustion. Lobbies shall also be separated from the remainder of the building as required for corridor walls and ceilings.

C. SIZE OF CAR.

1. Elevator cars assigned for fire department use shall have a height, recessed area, or removable ceiling which will make possible the carrying of a nine (9) foot (2743 mm) high ladder.

2. At least one elevator car assigned for fire department use and serving all floors shall be of a size that will accommodate a 24 inch (610 mm) by 85 inch (2159 mm) ambulance stretcher in the horizontal position, and have a clear door opening width of 42 inches (1067 mm). The elevator shall be identified with approved signs.

D. BREAKOUT PANELS OR WINDOWS REQUIRED.

In all high-rise and mid-rise buildings, approved breakout panels or tempered glass windows shall be provided in the exterior wall at the rate of at least twenty (20) square feet of opening per fifty (50) lineal feet of exterior wall in each story, distributed around the perimeter at not more than fifty (50) foot intervals. Such panels shall be clearly identified as required by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-505.1.1: RESIDENTIAL BUILDING IDENTIFICATION:

The following section is added to Chapter 5, Part 9 of the CFC:

505.1.1 Residential building identification.

A. STREET NUMBER.

All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numbers shall be at least four (4) inches in height, of a color contrasting to the background and located so they may be clearly seen and read. If the structure has rear vehicle access, numbers shall be placed there as well. The Fire or Police departments may require the size of the numbers to be increased or provided in additional locations if the distance from or orientation to the street limits visibility.

B. PLOT PLAN.

At each entrance to a multiple-family dwelling complex of a private residential community which has ten (10) or more units, there shall be an illuminated diagrammatic representation (plot plan) of the complex which shows the location of the viewer and the building units within the complex. The diagrammatic representation shall be drawn to one-eighth (1/8) inch scale or larger and shall not be less than eight and one-half (8 1/2) inches by eleven (11) inches and shall have all weather-exposed surfaces treated to prevent damage from the sun, wind and rain.

C. IDENTIFYING FACTOR.

In multiple-family dwelling complexes which have ten (10) or more units, any building having separate identifying factor, other than the street number shall be clearly identified in the manner described in this article. Each individual unit of residence shall have a unit identifying number, letter or combination thereof displayed upon the door.

D. NUMBERING.

Buildings shall be numbered with the approval of the enforcing authority. This section shall not prevent supplementary numbering such as reflective numbers on the street curbs or decorative numbering but this shall be considered supplemental only and shall not satisfy the requirements of this section.

E. MAPS.

Maps of multiple-family dwelling complexes shall be furnished to the fire department upon completion of construction. The maps shall include building identification and unit identification.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-505.1.2: COMMERCIAL BUILDING IDENTIFICATION:

The following section is added to Chapter 5, Part 9 of the CFC:

505.1.2 Commercial building identification.

A. STREET NUMBER.

All commercial structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numbers shall be at least six (6) inches in height, of a color contrasting to the background and located so they may be clearly seen and read. If the structure has rear vehicle access, numbers shall be placed there as well. The Fire or Police Departments may require the size of the numbers to be increased or provided in additional locations if the distance from or orientation to the street limits visibility.

B. IDENTIFYING FACTOR.

In commercial complexes, any building having a separate identifying factor, other than the street number shall be clearly identified in the manner described in this article. Each individual unit shall have a unit identifying number, letter or combination thereof displayed upon the door.

C. NUMBERING.

Buildings shall be numbered with the approval of the enforcing authority. The section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering but this shall be considered supplemental only and shall not satisfy the requirements of this section.

D. MAPS.

Maps of commercial complexes shall be furnished to the fire department upon completion of construction. The maps shall include building identification and unit identification.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-505.1.3: PREMISES IDENTIFICATION:

The following section is added to Chapter 5, Part 9 of the CFC:

505.1.3 Premises identification. 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 street or road fronting the property and from the alley or rear access way to the property. Numbers/addresses on residential structures shall be at least four (4) inches (101.6 mm) in height with three-fourths (3/4) inch (19.1 mm) stroke. All other occupancies shall have numbers/addresses a minimum of six (6) inches (152.4 mm) in height with three-fourths (3/4) inches (19.1) stroke. All numbers/address shall contrast with their background.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-506.1(a): KEY BOXES FOR POLICE:

The following section is added to Chapter 5, Part 9 of the CFC:

506.1(a) Key boxes for police.

A. RESIDENTIAL DWELLINGS.

When access to or within a multiple-family dwelling or complex or private residential community is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or police purposes, a key box is to be installed in an accessible location. The key box shall contain keys to allow access to security gates or doors as required by the Chief of Police.

B. OTHER BUILDINGS.

When access to or within a multi-occupancy building is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or other police purposes, a key box may be required by the Fire Code Official or Police Chief.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-605.2.1.6: SPARKS FROM CHIMNEYS:

The following section is added to Chapter 6, Part 9 of the CFC:

605.2.1.6 Sparks from chimneys. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with a spark arrester as required for incinerators by the California Mechanical Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-705.2.6: TESTING:

The following section is added to Chapter 7, Part 9 of the CFC:

705.2.6.1 Testing. Horizontal or vertical sliding and rolling fire doors shall be inspected and tested annually by the owner or the owner’s authorized representative to check for proper operation and full closure. Resetting of the release mechanism shall be done in accordance with the manufacturer’s written instructions. A written record shall be maintained and shall be available to the inspection authority. Every 5 years, testing of horizontal or vertical sliding, or rolling fire doors, shall be conducted in the presence of a Fire Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903: GENERAL:

Section 903 of Chapter 9, Part 9 of the CFC is amended and restated as follows:

903 General. Automatic sprinkler systems shall comply with this section. The codes and standards referenced in Title 9 Chapter 1, Article 9 of the Burbank Municipal Code are considered part of the requirements of this code. Where in any specific case different sections of this code and Title 9 Chapter 1, Article 9 of the Burbank Municipal Code specify different materials, methods or construction, or other requirements, the most restrictive shall govern.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903.2(a): REQUIRED INSTALLATIONS:

The following section is added to Chapter 9, Part 9 of the CFC:

903.2(a) Required installations. An approved automatic fire sprinkler system shall be installed in all newly constructed occupancies.

EXCEPTION: Existing Group U Division 1 Occupancies, detached less than 500 square feet (4.5 m2).

For provisions on special hazards and hazardous materials, see Chapters 50 through 67 of the CFC 2022.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903.2(b): SPECIAL PROVISIONS FOR ALL BUILDINGS:

The following section is added to Chapter 9, Part 9 of the CFC:

903.2(b) Special provisions for all buildings. An automatic sprinkler system shall be installed in the following areas of all buildings.

A. At the top of rubbish and linen chutes; in their terminal rooms and all trash enclosures. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing.

B. In rooms where nitrate film is stored or handled.

EXCEPTION: When storage or handling of nitrate film is less than 50 pounds (22.7 kg)/10 standard rolls and stored in an approved cabinet. In protected combustible fiber storage vaults.

C. Existing Buildings.

1. Additions. If an addition to an existing building causes the total floor area of the entire building to exceed five thousand (5,000) square feet (464.5 m2), then said entire building shall be protected by an automatic fire sprinkler system. Area separation walls as set forth in the California Building Code shall not be used to reduce allowable floor area for automatic fire sprinkler requirements.

2. Alterations/Repairs. Any alterations or repairs to an existing building, other than a Group R, that equal or exceed five thousand (5,000) square feet (464.5 m2), or wherein the costs of such alterations exceed twenty-five percent (25%) of the current replacement value of said building as determined by the most recent Building Valuation Data published by the International Code Council (ICC), then said entire building shall be protected by an automatic fire sprinkler system. All alterations or additions within any such twelve (12) consecutive month period that singularly or in composite exceed said 25% of the current replacement value of said building as determined by the most recent Building Valuation Data published by ICC, then said entire building shall be protected by an automatic fire sprinkler system.

3. R1 - Alterations/Repairs/Additions. Any alterations or repairs to an existing Group R Division 1 Hotel, apartment, and lodging house, that within any twenty four (24) consecutive month period exceed fifty percent (50%) of the current replacement value of said building, as determined by the most recent Building Valuation Data published by International Code Council (ICC), then said entire building shall be protected by an automatic fire sprinkler system.

4. R3 - Alterations/Repairs. Any alterations or repairs to an existing Group R Division 3 dwelling that within any twenty four (24) consecutive month period exceed seventy-five percent (75%) of the current replacement value of said building, as determined by the standards approved by the Fire Code Official, then said entire building shall be protected by an automatic fire sprinkler system.

5. Occupancy Change. Existing and new sections of an existing building for which there is an occupancy classification change to a more restrictive or hazardous use, as determined by the Fire Code Official, shall be protected by an automatic fire sprinkler system.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903.2.8(a): GROUP R OCCUPANCIES:

The following section is added to Chapter 9, Part 9 of the CFC:

903.2.8(a) Group R occupancies. When a Group R occupancy is required to be protected by an automatic fire sprinkler system, the attic, basement or subterranean space, all restrooms/bathrooms, and attached garage shall be fully covered by such system.

Exception: Where decided by the Fire Code Official; access to the attic, if the basement or subterranean space is restricted and non-accessible for storage or other use, automatic fire sprinklers shall not be required to be provided. HVAC or similar equipment may be enclosed from the remainder of the space with approved fire proof construction and sprinklers provided within the enclosure. The Fire Code Official shall have the authority to require or modify the requirements set forth in this section on a case by case basis.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903.2.8.2: SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES:

Section 903.2.8.2 of Chapter 9, Part 9 of the CFC is amended and restated as follows:

903.2.8.2 Systems in one- and two-family dwellings and manufactured homes. The owner of a One-Family, Two-Family, or Manufactured Home shall be responsible for maintaining the fire sprinklers system in an operable condition at all times in accordance with the standards prescribed by the Burbank Fire Department.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-903.4.2.1: SPRINKLER SYSTEM MONITORING AND ALARMS:

The following section is added to Chapter 9, Part 9 of the CFC:

“903.4.2.1 Sprinkler system monitoring and alarms.

A. WHERE REQUIRED.

All Valves controlling the water supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be electronically monitored by a UL listed company unless otherwise approved by the Fire Code Official, where the number of sprinklers are twenty or more.

Valve monitoring and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by NFPA 72 and International Fire Codes and shall sound an audible signal at a constantly attended location.

EXCEPTION: Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored.

B. ALARMS.

An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. Approved audible and visual sprinkler flow alarms for all occupancies, shall be provided throughout the structure building to notify all occupants. Actuation of the alarm shall be as set forth in NFPA 13 as adopted by California State Fire Marshal.

Exception: Group R Division 3 Occupancies

C. ALARM ACTIVATION - AUTOMATIC FIRE EXTINGUISHING SYSTEMS.

All Automatic Fire Extinguishing Systems shall provide an audible local alarm when activated. If the occupancy has a fire sprinkler alarm, fire alarm or water flow monitoring, the automatic fire extinguishing system shall be tied into said system.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-905.3(a): MID-RISE AND HIGH RISE COMBINATION STANDPIPES:

The following section is added to Chapter 9, Part 9 of the CFC:

905.3(a) Mid-rise and high rise combination standpipes. Every mid-rise building shall be provided with an approved combined standpipe system. A combined standpipe system is one in which the water piping serves the required 2 1/2 inch (63.5 mm) outlets for fire department use and the outlets for the automatic fire sprinkler system. The combined standpipe system shall be capable of delivering not less than 500 gpm (1893 lpm) for the first standpipe plus 250 gpm (946 lpm) for each additional standpipe and the sprinkler demand need not be added. A residual pressure of 100psi at the topmost outlet of each standpipe shall be maintained. The maximum water supply need not exceed 1500 gpm (5678 lpm). Street water mains may be used as the supply and on-site water supplies are not required, unless the street water mains cannot supply the demand.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-906.7.1: HANGING OF PORTABLE EXTINGUISHERS:

The following section is added to Chapter 9, Part 9 of the CFC:

906.7.1 Hanging of portable extinguishers. All portable fire extinguishers shall be installed on a positive latching bracket or within an enclosed cabinet, as approved by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-907.1(a): COMPLIANCE WITH CODES:

The following section is added to Chapter 9, Part 9 of the CFC:

907.1(a): Compliance with codes. All fire alarm systems shall comply with Title 4, Chapter 1, Article 6 of the Burbank Municipal Code, in addition to requirements of this Code, NFPA 72, the International Fire Codes and the National Electrical Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-907.2(a): GROUP B OFFICE BUILDINGS AND GROUP R, DIVISION 1 OCCUPANCIES 35 FEET OR MORE:

The following section is added to Chapter 9, Part 9 of the CFC:

907.2(a) Group B office buildings and Group R, Division 1 occupancies 35 feet or more. Group B office buildings and Group R, Division 1 Occupancies, each having floors used for human occupancy located more than 35 feet (10 668 mm) above the lowest level of fire department vehicle access, shall be provided with an automatic fire alarm system and a communication system in accordance with Section 508 of the CFC.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-907.2.9.2(a): LOCATIONS WITHIN EXISTING GROUP R OCCUPANCIES:

The following section is added to Chapter 9, Part 9 of the CFC:

907.2.9.2(a) Locations within existing Group R occupancies. In dwelling units, not in compliance with smoke alarm requirements in effect prior to the adoption of this code, smoke alarms shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a smoke alarm shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two or more levels, the smoke alarm shall be installed on the upper level, except that when the lower level contains a sleeping area, a smoke alarm shall be installed on each level. When sleeping rooms are on an upper level, the smoke alarm shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke alarms shall be installed in the hallway and in the adjacent room.

In hotel, lodging house, and congregate residence sleeping rooms, smoke alarms/detectors shall be located on the ceiling or wall of each sleeping room.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-901.4.5(a): POST INDICATOR VALVES:

The following section is added to Chapter 9, Part 9 of the CFC:

901.4.5(a) Post indicator valves. Post indicator valves shall have the control wrench secured with a breakaway padlock.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.1: GENERAL:

Section 2007.1 of Chapter 20, Part 9 of the CFC is amended and restated as follows:

2007.1 General. Helistops and heliports shall be maintained in accordance with Section 2007.2 through 2007.25. Helistops and heliports on buildings shall be constructed in accordance with the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.9: HELIPORTS AND HELISTOPS:

The following section (including Figure No. 9-1-9-2007.9-A) is added to Chapter 20, Part 9 of the CFC:

2007.9 Heliports and helistops.

A. GENERAL.

Heliports and helistops shall be maintained in accordance with this division. Heliports and helistops shall be constructed in accordance with the Building Code, this Code and Federal Aviation Administration (FAA) guidelines.

B. FEDERAL AVIATION ADMINISTRATION APPROVAL.

Before operating helicopters from heliports and helistops, approval must be obtained from the Federal Aviation Administration.

C. ROOFTOP FACILITIES.

Section 2007.9 through and including Section 2007.25 are minimum safety requirements for installation of rooftop helicopter landing facilities. Use of such facilities is limited to the loading or unloading of passengers or freight. Refueling or repairing of helicopters is prohibited except in an emergency.

D. APPROACH-DEPARTURE PATH.

The facility shall have two approach-departure paths with a 90 degree arc of separation between the two.

E. TOUCHDOWN PAD.

The touchdown or landing area for helicopters of less than 3,500 pounds (1588 kg) shall be a minimum of 20 feet (6096 mm) by 20 feet (6,096 mm) in size. The touchdown area shall be surrounded on all sides by a continuously maintained clear area having a minimum average width at roof level of 15 feet (4572 mm) but with no width less than 5 feet (1524 mm). The touchdown pad for an emergency helistop shall have a dimension of 50 feet (15 240 mm) by 50 feet (15 240 mm), and shall be designed for a minimum load of 15,000 pounds (6804 kg).

F. PERIPHERAL AREA.

The peripheral area (obstruction free safety zone) surrounding the takeoff and landing area touchdown pad shall be 25 feet (7620 mm) from the edge of the takeoff and landing area.

G. SAFETY NET.

If the touchdown pad is elevated above the adjoining roof level, a horizontally attached safety net shall be installed around the perimeter when required by the Fire Code Official. The safety net shall be located in such a manner that it will not penetrate the approach-departure paths.

H. WIND INDICATOR.

An approved lighted wind indicating device shall be installed and maintained.

I. MARKINGS.

Rooftop heliports and helistops shall be marked as required by the Federal Aviation Administration. Emergency heliports and helistops shall be marked in accordance with Figure No. 9-2-2007.9-A.

J. LIGHTING.

Approved amber boundary lights shall be provided to identify the touchdown pad area. Any auxiliary lights installed shall illuminate and be directed onto the touchdown pad only, and in such a manner that the light rays do not interfere with the pilot’s vision.

K. ROOF WALL/FENCE.

A substantial fence or parapet wall shall be provided around the perimeter of the roof in such a manner that it does not project into the peripheral area or the takeoff and landing area or present a hazard to the safe operation of the helicopter.

FIGURE NO. 9-1-9-2007.9-A

MARKINGS UTILIZING A SQUARE FOR A ROOF-TOP

EMERGENCY HELICOPTER LANDING FACILITY

NOTES:

1. The touchdown pad background color shall be white.

2. The red numeral indicates the allowable weight, in thousands of pounds, that the facility is capable of supporting.

3. The numeral shall be oriented toward magnetic north.

4. Allowable weight shall not be in metric units.

5. Provide at least 10 feet (3 m) clearance from the edge marking to any object that could be struck by a helicopter’s main or tail rotor.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.10: DEFINITIONS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.10 Definitions. For definitions of APPROACH-DEPARTURE PATH; EMERGENCY HELISTOP; PERIPHERAL AREA; TAKEOFF AND LANDING AREA; TEMPORARY LANDING SITE; and TOUCHDOWN PAD, see 9-1-9-202 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.11: EXTINGUISHERS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.11 Extinguishers. Two (2) fire extinguishers of a minimum 80BC rating each shall be provided, and installed as approved by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.12: STANDPIPES:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.12 Standpipes. Two (2) or more wet standpipes shall be provided and equipped with one and one-half (1 1/2) inch (38.1 mm) rubber lined fire hose, not over one hundred (100) feet (30 480 mm) in length. Hoses shall be equipped with combination fog nozzles. Sufficient pressure shall be available to provide a fog pattern. Hose cabinets or racks shall be located near the separate exits. Standpipe outlets shall be so located that all portions of the Touchdown Pad shall be within one hundred twenty (120) feet (36 576 mm) of the outlet.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.13: STRUCTURAL DESIGN AND FUEL SPILLAGE:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.13 Structural design and fuel spillage. Helicopter landing areas and supports therefor on the roof of a building shall be of noncombustible construction. Landing areas shall be designed and maintained to confine any Class I, II or III-A liquid spillage to the landing area itself and provision shall be made to drain such spillage away from any exit or stairway serving the helicopter landing area or from a structure housing such exit or stairway.

EXCEPTION: Emergency Heliports and helistops, as approved by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.14: EXITS AND STAIRWAYS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.14 Exits and stairways. Exits and stairways from heliports and helistops shall comply with the provisions of chapter 10 of the Building Code, except that all landing areas located on buildings or structures shall have two or more exits. For roof areas less than 60 feet (18 288mm) in length or less than 2000 square feet (185.8 m2) in area, the second exit is allowed to be a fire escape or ladder leading to the floor below.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.15: COMMUNICATIONS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.15 Communications. An approved means of communication shall be provided adjacent to the landing area.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.16: GROUND LEVEL FACILITIES:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.16 Ground level facilities.

A. GENERAL.

Section 2007.9 through and including Section 2007.25 are minimum safety requirements for installation of ground level helicopter landing facilities. Use of such facilities is limited to the loading or unloading of passengers or freight. Refueling or repairing of helicopters at such facilities is prohibited except in an emergency.

B. APPROACH-DEPARTURE PATH.

The facility shall have two approach-departure paths with a 90 degree arc of separation between the two.

C. TOUCHDOWN PAD.

The touchdown pad shall have a dimension of 100 feet (30 480 mm) by 100 feet (30 480 mm). This area shall be clearly defined by means of a substantial barrier providing physical restraint to prohibit the entrance of unauthorized persons into the landing area, and in such a manner that it does not project into the takeoff landing area or present a hazard to the safe operation of the helicopter.

D. WIND INDICATOR.

An approved, lighted wind indicating device shall be installed and maintained.

E. MARKINGS.

The helicopter landing facility shall be marked as required by the Federal Aviation Administration.

F. FUEL SPILLAGE.

Landing areas shall be designed and maintained to confine any Class I, II, or III-A liquid spillage to the landing area itself and provision shall be made to drain such spillage away from any exit serving the helicopter landing area.

G. LIGHTING.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.18: EXTINGUISHERS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.18 Extinguishers. Two (2) fire extinguishers of a minimum 80BC rating each shall be provided, and installed as approved by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.19: STANDPIPES:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.19 Standpipes. There shall be provided at least one (1), one and one-half (1 1/2) inch (38.1 mm) wet standpipe outlet equipped with one (1), one and one-half (1 1/2) inch (38.1 mm) rubber lined fire hose, not over one hundred (100) feet (30 480 mm) in length. Hoses shall be equipped with combination fog nozzles. Sufficient pressure shall be available to provide a fog pattern. Two (2) wet standpipe outlets, located remotely from each other, may be required as determined by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.20: COMMUNICATIONS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.20 Communications. An approved means of communication shall be provided adjacent to the landing area.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.21: TEMPORARY LANDING SITES:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.21: Temporary landing sites.

A. GENERAL.

Section 2007.9 through and including Section 2007.25 are minimum safety requirements for installation of temporary helicopter landing sites. Use of such facilities is limited to the loading or unloading of passengers or freight. Refueling or repairing of helicopters at such facilities is prohibited except in an emergency.

B. APPROACH-DEPARTURE PATH.

The facility shall have two approach-departure paths with a 90 degree arc of separation between the two.

C. TOUCHDOWN PAD.

The touchdown pad shall have a dimension of 100 feet (30 480 mm) by 100 feet (30 480 mm).

D. WIND INDICATOR.

An approved wind indicating device shall be installed and maintained. When used during darkness wind indicating device shall be lighted.

E. LIGHTING.

Approved amber boundary lights shall be provided to identify the touchdown pad area, when used during darkness. Any auxiliary lights installed shall illuminate and be directed onto the touchdown pad only, and in such a manner that the light rays do not interfere with the pilot’s vision.

F. BARRIER.

A substantial physical barrier shall be provided to prohibit the entrance of unauthorized persons into the landing area, and in such a manner that it does not project into the takeoff landing area or present a hazard to the safe operation of the helicopter.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.23: EXTINGUISHERS:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.23 Extinguishers. Two (2) fire extinguishers of a minimum 80BC rating each shall be provided, and installed as approved by the Chief Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.24: HELICOPTER OPERATIONS PERMIT:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.24 Helicopter operations permit.

A. REQUIRED.

It shall be unlawful for any person, firm or corporation to conduct helicopter operations in, on or within 200 feet (60 980 mm) of any building, structure or the ground without first having obtained a permit from the fire department. This section shall not apply to emergency operations by a governmental agency or other approved agency.

B. PLANS.

Applicant may be required to furnish plans or sketches of the proposed landing area showing touchdown area, distances from buildings, overhead adjacent wires, obstructions, etc.

C. OTHER AGENCIES.

Compliance with these requirements does not abrogate the requirements or instructions of other governmental agencies.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2007.25: STANDBY PERSONNEL AND EQUIPMENT:

The following section is added to Chapter 20, Part 9 of the CFC:

2007.25 Standby personnel and equipment. When necessary for the preservation of life or property, the Fire Code Official is authorized to require the attendance of standby personnel, and/or fire apparatus or equipment.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-2201.1.1: EXCEPTION:

The following section is added to Chapter 22, Part 9 of the CFC:

2201.1.1 Exception. The Fire Code Official is authorized to alter or impose additional regulations where such systems are located within buildings.

Notification shall be given to the Fire Code Official prior to abandonment, alteration, upgrade, or repair of any part of the pressure and suction delivery systems, including the dispenser.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-3305.10: SITE SECURITY:

The following section is added to Chapter 33, Part 9 of the CFC:

3305.10 Site security. A six-foot (1829 mm) high fence as approved by the Fire Code Official shall be provided and maintained around the entire site. In addition a qualified fire guard may be required by the Fire Code Official.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-2-4804.2.1: STUDIO AND STAGE EXIT PERIMETERS:

The following section is added to Chapter 48, Part 9 of the CFC:

4804.2.1 Studio and stage exit perimeters. All studios and stages shall be provided with a clear, unobstructed aisle around the perimeter of not less than 48 inches (1219 mm) wide and a minimum of 84 inches (2134 mm) in height. Aisles shall provide access to exit doors, firefighting equipment and utility controls.

Such aisle shall be clearly marked with a minimum 4 inch (102 mm) wide stripe at the inside edge of the aisle. The total width of the stripe shall be within the required 48 inch (1219 mm) width. The words "FIRE AISLE" shall be painted in a contrasting color every 20 feet (6096 mm) within the perimeter.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5001.5.1(a): UNIFIED HAZARDOUS WASTE AND MATERIALS MANAGEMENT REGULATORY PROGRAM:

The following section is added to Chapter 50, Part 9 of the CFC:

5001.5.1(a) Unified hazardous waste and materials management regulatory program. California Health and Safety Code Section 25404 establishes the Unified Hazardous Waste and Materials Management Regulatory Program requiring consolidation of six environmental programs jointly operated by the County of Los Angeles and the City of Burbank. On December 10, 1996, the Burbank City Council passed and adopted resolution number 24,929, approving an agreement and memorandum of understanding with the County of Los Angeles whereby the County will act as a Certified Unified Program Agency ("CUPA") for the City, and the City will be a participating agency.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5003.3.1.5: HAZARDOUS MATERIALS, RELEASE RESPONSE PLAN, INVENTORY:

The following section is added to Chapter 50, Part 9 of the CFC:

5003.3.1.5 Hazardous materials, release response plan, inventory. The City, pursuant to Section 25502 of the California Health and Safety Code, shall be responsible for the implementation of Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code and shall have exclusive jurisdiction within the corporate boundaries of the City for the purpose of carrying out such chapter. The Fire Code Official, or the designee of the Fire Code Official, shall be responsible for the administration and enforcement of such chapter. All fees and charges of any kind necessary for the enforcement of such chapter shall be as designated in the Burbank Fee Resolution, as amended from time to time.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5003.3.1.6: EMERGENCY RESPONSE EXPENSES:

The following section is added to Chapter 50, Part 9 of the CFC:

5003.3.1.6 Emergency response expenses. The expenses of an emergency response necessary to protect the public or environment from a real and imminent threat due to a release of a Hazardous Material or substance as defined in this article or the California Health and Safety Code, as well as the cost of cleaning up and disposing of the hazardous materials shall be charged against any person, firm or corporation responsible.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5003.4.1: MATERIAL SAFETY DATA SHEETS:

The following section is added to Chapter 50, Part 9 of the CFC:

5003.4.1 Material safety data sheets. Material Safety Data Sheets (MSDS) shall be readily available on the premises for hazardous materials regulated by this article. The Fire Code Official may require an approved Knox vault, when there is an acutely hazardous material or threshold quantities are met (55 gallons, 200 cubic feet, 500 pounds), to be installed in an approved location which shall contain MSDS sheets, site plans and emergency phone numbers as necessary for that facility.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5608.1(a): PROHIBITION:

The following section is added to Chapter 56, Part 9 of the CFC:

5608.1(a) Prohibition. No person shall manufacture, possess, sell, or discharge fireworks.

EXCEPTION: The use of fireworks for display is allowed as set forth in Section 5608 of the 2022 CFC.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5704.2.8.15(a): ACCESSWAY:

The following section is added to Chapter 57, Part 9 of the CFC:

5704.2.8.15(a) Accessway. Each vault shall be accessible by at least one approved personnel access way with a minimum dimension of 36 inches (914.4 mm) and with a permanently affixed nonferrous ladder. Access ways shall be designed to be non-sparking. Each entry point shall be secured against unauthorized entry. Travel distance from any point inside a vault to an access way shall not exceed 20 feet (6096 mm).

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-9-5704.2.8.15(b): ENTRY:

The following section is added to Chapter 57, Part 9 of the CFC:

5704.2.8.15(b) Entry. All entry into below grade vaults must be performed in a safe manner and in accordance with state and local confined space entry requirements or regulations.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 10. CALIFORNIA EXISTING BUILDING CODE

9-1-10: ADOPTION OF 2022 CALIFORNIA EXISTING BUILDING CODE:

Part 10 of Title 24 of the California Code of Regulations, also known as the “California Existing Building Code,” which is part of the California Building Standards Code, 2022 Edition, and Appendices A1, A3, A4, as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted without local amendments by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 11. CALIFORNIA GREEN BUILDING STANDARDS CODE

DIVISION 1. GREEN BUILDING AND SUSTAINABLE ARCHITECTURE

9-1-11: ADOPTION OF 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE:

Part 11 of Title 24 of the California Code of Regulations, also known as the “California Green Building Standards Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission, is hereby adopted and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-4.509: COOL ROOF FOR REDUCTION OF HEAT ISLAND EFFECT:

Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this section.

Exceptions:

1. Roof repair

2. Installation of building-integrated photovoltaics

3. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot.

A. Solar Reflectance. Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2).

B. Thermal Emittance. Roofing materials shall have a Cool Roof Rating Council initial or aged thermal emittance equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2).

C. Solar Reflective Index Alternative. Roofing materials having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2) may be used as an alternative to compliance with the 3-year aged solar reflectance and thermal emittance values.

Table 4.509(1) – LOW-RISE RESIDENTIAL
ROOF SLOPE	MIN 3-YEAR AGED SOLAR REFLECTANCE	THERMAL EMITTANCE	SRI
≤ 2:12	0.65	0.85	78
> 2:12	0.23	0.85	20

Table 4.509(2) – HIGH-RISE RESIDENTIAL, HOTELS, AND MOTELS
ROOF SLOPE	MIN 3-YEAR AGED SOLAR REFLECTANCE	THERMAL EMITTANCE	SRI
≤ 2:12	0.65	0.75	78
> 2:12	0.23	0.75	20

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-4.510: ELECTRIC VEHICLE CHARGING FOR NEW CONSTRUCTION:

New construction shall comply with the requirements of this section.

A. New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in the raceway required by Section 4.106.4.1. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.

a. Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as “EV READY” in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as “EV READY.”

B. New Multifamily development projects and hotels and motels. EV Ready. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

EV Chargers for projects with 20 or more dwelling units, sleeping units or guest rooms. Fifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

C. Technical requirements. The EV spaces required by Section 9-1-11-4.510 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.1 (Notes), 4.106.4.2.2 (Notes), 4.106.4.2.2.1.1, 4.106.4.2.2.1.2, 4.106.4.2.2.1.3, 4.106.4.2.3, 4.106.4.2.4 and 4.106.4.2.5 of the 2022 California Green Building Standards Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-5.509: COOL ROOF FOR REDUCTION OF HEAT ISLAND EFFECT:

Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this section.

Exceptions:

1. Roof repair

2. Installation of building-integrated photovoltaics

3. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot.

A. Solar Reflectance. Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than the values specified in Table 5.509.

B. Thermal Emittance. Roofing materials shall have a Cool Roof Rating Council initial or aged thermal emittance equal to or greater than the values specified in Table 5.509.

C. Solar Reflective Index Alternative. Roofing materials having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 5.509 may be used as an alternative to compliance with the 3-year aged solar reflectance and thermal emittance values.

Table 5.509 – NON-RESIDENTIAL
ROOF SLOPE	MIN 3-YEAR AGED SOLAR REFLECTANCE	THERMAL EMITTANCE	SRI
≤ 2:12	0.68	0.85	82
> 2:12	0.28	0.85	27

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-5.510: ELECTRIC VEHICLE CHARGING FOR NEW CONSTRUCTION:

New construction for non-residential buildings shall use Table 5.510 to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 of the 2022 California Green Building Standards Code for design requirements.

When EV capable spaces are provided with EVSE to create EVCS per Table 5.510, refer to Section 5.106.5.3.2 of the 2022 California Green Building Standards Code for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section 5.106.5.3.3 of the 2022 California Green Building Standards Code for the allowed use of Automatic Load Management System (ALMS).

Table 5.510 – NON-RESIDENTIAL
TOTAL NUMBER OF ACTUAL PARKING SPACES	NUMBER OF REQUIRED EV CAPABLE SPACES	NUMBER OF EVCS (EV CAPABLE SPACES PROVIDED WITH EVSE)2
0-9	3	0
10-25	8	3
26-50	17	6
51-75	28	9
76-100	40	13
101-150	57	19
151-200	79	26
201 and over	45 percent of total parking spaces1	33 percent of total parking spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 2. DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS

9-1-11-1010: PURPOSE:

The purpose of this Division, known as the Diversion of Construction and Demolition Debris Ordinance, is to reduce the amount of construction and demolition debris deposited into landfills by implementing source reduction, diversion, and recycling goals for certain applicable construction and demolition projects.

Where sections of this Division and the California Building Standards Code differ, the more stringent requirements shall apply. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1011: DEFINITIONS:

For the purposes of this Article, the following definitions shall apply. Words and phrases not ascribed a meaning by this Division shall have the meaning ascribed by Public Resources Code Sections 40000, et seq., the regulations of the California Integrated Waste Management Board, if defined therein, as such may be amended from time to time, and in the Resource Conservation and Recovery Act (RCRA) 42 USC §§ 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time.

APPLICANT: Means any person, firm, limited liability company, association, partnership, political subdivision, governmental agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building Department for an applicable permit to undertake construction, renovation, remodeling, repair, deconstruction, or demolition operations.

APPLICABLE PROJECT: Means a project for which a building, demolition, or other similar permit is required by this Code, and not otherwise exempt in this Division.

CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS: Means used or discarded materials removed from property of an Applicable Project during construction, remodeling, repair, renovation, demolition or deconstruction resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any house, commercial building or other structure. Construction and Demolition Debris includes, but is not limited to, concrete, asphalt, brick, lumber, tile, carpeting, plastic, aluminum, glass, metals, gypsum wallboard, roofing materials, carpeting, wood, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.

CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REFERENCE MANUAL or MANUAL: Means a manual prepared by the Building Division of the Community Development Department to assist in implementation of this Division. A copy of the Manual shall be available at all times at the Building Division public counter.

CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT or DIVERSION SECURITY DEPOSIT: Means any performance bond, surety bond, money order, letter of credit, certified check, cash, certificate of deposit or similar type of security, in a form acceptable to the City, and submitted to the City pursuant to Section 9-1-11-1012 of this Division.

ESTIMATED DEBRIS GENERATION RATE: Means the rate set forth in the standardized Estimated Debris Generation Rate Table approved by the City for use in estimating the volume or weight of materials identified in a Waste Management Plan. The approved conversion rate shall be set forth in the Manual.

DIVERT OR DIVERSION: Means activities which reduce or eliminate the amount of C&D Material from disposal in a landfill or transformation facility.

DIVERSION REQUIREMENT: Means the diversion of at least 65 percent of the total Construction and Demolition Debris generated by an Applicable Project by reuse or recycling, unless the permit applicant has been granted an exemption pursuant to Section 9-1-11-1016.

EXEMPT PROJECT: Shall have the meaning set forth in Section 9-1-11-1016 of this Division.

PROJECT: Means any activity for which a permit for a building, demolition or other permit is required.

RECYCLING SUMMARY REPORT and RSR: Means a completed Recycling Summary Report form approved by the City and which is the report that shows compliance with the Waste Management Plan.

REUSE: Means the recovery or reapplication of a product or material in a manner. For example, the reuse of products such as light fixtures, doors or used brick is considered source reduction, not recycling.

WASTE MANAGEMENT PLAN and WMP: Means a completed Waste Management Plan form, approved by the City for the purpose of compliance with this Division, submitted by the permit applicant for all Applicable Projects. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1012: DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS AND SUBMISSION OF WASTE MANAGEMENT PLAN:

A. DIVERSION REQUIREMENT AND WASTE MANAGEMENT PLAN SUBMISSION.

Except as otherwise provided in this Division, each Applicant for a permit required by this Code for an Applicable Project shall complete and submit a Waste Management Plan (“WMP”) as part of the application packet for the building permit, unless the project is exempt, as defined below, certifying that the Diversion Requirement will be met. On or after July 1, 2007, no building or demolition permit shall be issued by the Building Department unless the Applicant for a construction or demolition permit for an Applicable Project has submitted to the Building Department an approved Waste Management Plan. The Building Official shall approve the WMP if it complies with complies with the following provision.

B. FORM OF THE WMP.

The completed WMP must be signed by the Applicant and shall indicate all of the following:

1. The site address;

2. The names, addresses, and phone numbers of the property owner and the general contractor;

3. The existing square footage, the proposed square footage, the percentage of increase in project size, or the square footage of the structure to be demolished;

4. The estimated volume or weight of construction and demolition debris, by material type, to be generated on the project site;

5. The estimated volume or weight of construction and demolition debris, by material type, to be diverted to recycling, reuse or salvage;

6. The vendor or facility that the applicant proposes to use to collect or receive that material;

7. The estimated volume or weight of the construction and demolition materials that will be landfilled;

8. Certification that the minimum Diversion Requirement will be met;

9. Such other data and information as may be required by the Building Official;

10. Other information Applicant believes is relevant to determining its efforts to comply with this Division.

C. CALCULATING VOLUME AND WEIGHT OF MATERIAL.

In estimating the volume or weight of materials identified in the WMP, the applicant shall use the Estimated Debris Generation rates approved by the City for this purpose and as indicated in the Construction and Demolition Debris Diversion Manual.

D. CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT.

A refundable deposit shall be paid by the Applicant prior to the approval of any WMP, in an amount specified in the Fee Resolution. The deposit may be refunded without interest, in total, upon proof of satisfaction by the Building Official that no less than the Diversion Requirement generated by the Applicable Project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling in accordance with Section 9-1-11-1013. The deposit shall be forfeited entirely if Applicant fails to comply with the requirements of this Division. The deposit will not be refunded to any project that began work before obtaining all required permits as determined by the Building Official. The deposit shall be returned no later than 30 days after approval of the RSR.

E. ADMINISTRATIVE FEE.

A non-refundable administrative fee will be collected with the deposit as specified in the Fee Schedule. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1013: REPORTING COMPLIANCE WITH WMP:

A. DOCUMENTATION.

No later than 90 days after the Final Inspection is approved by the City, which date may be extended if City provides Applicant with a letter confirming the extension, the Applicant shall submit to the Building Official documentation that it has met the Diversion Requirement for the project in the form of the Recycling Summary Report (RSR). The Diversion Requirement shall be that the applicant has diverted at least 50 percent of the total construction and demolition debris generated by the project via reuse or recycling. This RSR shall be approved by the Building Official if it includes all of the following:

1. Receipts from a licensed vendor or facility that collected or received each material showing the actual weight or volume of that material;

2. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled;

3. Any additional information the Applicant believes is relevant to determining its efforts to comply with this Division.

B. WEIGHING OF WASTES.

Applicant shall make reasonable efforts to ensure that all construction and demolition material is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition material shall be weighed by measurement on scales in compliance with all regulatory requirements for accuracy and maintenance. For materials for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the Building Official for this purpose. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1014: WMP MUST BE KEPT ON SITE:

A copy of the WMP shall be kept on the site of the building or work at all times during which the work is in progress and must be made available to the Building Official to allow verification of the provisions of this Division. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1015: VIOLATION OF DIVISION:

If the Applicant fails to comply with the requirements of this Division, the Construction and Demolition Diversion Security shall be retained by the City, and, in addition, the City shall have the right to pursue either criminal prosecution or the appropriate civil action to enforce the requirements of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1016: EXEMPT PROJECTS:

No Construction and Demolition Debris Security Deposit or a Waste Management Plan shall be required for any of the following:

A. Work for which a building permit or demolition permit is not required by this Code.

B. Residential additions and/or alterations that do not increase the building’s conditioned area, volume or size.

C. Non-residential additions and/or alterations less than 500 square feet in area if the permit valuation is less than $200,000.

D. Projects for which only a plumbing permit, electrical permit, or mechanical permit is required.

E. Demolition or construction required to protect public health or safety in an emergency.

F. Projects which may technically fall within this Division, but due to special circumstances, Construction and Demolition debris are minimized as determined by the Building Official. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-11-1017: BUILDING OFFICIAL INTERPRETATIONS:

The Building Official may interpret this Division as needed, publishing any interpretations at the Building Counter, or in the Construction and Demolition Debris Diversion Manual from time to time. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 12. CALIFORNIA REFERENCED STANDARDS CODE

9-1-12: ADOPTION OF 2022 CALIFORNIA REFERENCED STANDARDS CODE:

Part 12 of title 24 of the California Code of Regulations, also known as the “California Referenced Standards Code,” which is part of the California Building Standards Code, 2022 Edition, as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted without local amendments by the City of Burbank and made a part of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 13. INTERNATIONAL PROPERTY MAINTENANCE CODE

9-1-13-100.1: FINDINGS:

The Council finds and determines as follows:

A. The City has a history and reputation for well-kept properties and the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties.

B. There is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this article, have been found from place to place throughout the City.

C. The existence of such conditions as described in this article is injurious and inimical to the public health, safety, and welfare of the residents of the City and contributes substantially and increasingly to the deterioration of neighborhoods.

D. Unless corrective measures are undertaken to alleviate such existing conditions and assure the avoidance of future problems in this regard, the public health, safety, and general welfare, and specifically the social and economic standards of the community, will be depreciated.

E. The abatement of such conditions will improve the general welfare and image of the City.

F. The abatement procedures set forth in this article are reasonable and afford due process to all affected persons.

G. The uses and abuses of property as described in this article reasonably relate to the proper exercise of police power to protect the health, safety, and general welfare of the public. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-100.2: ADOPTION OF 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE:

A. ADOPTION OF CODE.

The 2021 Edition of the International Property Maintenance Code (“IPMC”), as published by the International Code Council, together with the appendix thereof, with the exception of Sections 503.3 and 602.4, is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.

B. APPLICABILITY TO GOVERNMENT BUILDINGS.

The provisions of this article shall apply to all buildings, structures, or land owned, operated, or controlled by any governmental entity or political subdivision, agency, or district thereof, but shall not apply to buildings, structures, or land exempted by the provisions of Section 105.2.2 of the California Building Code.

C. NUMBERING OF CODE.

In order to provide consistency between this article and the provisions of the International Property Maintenance Code, the section, subsection, and paragraph numbers or designations of the California Property Maintenance Code shall be retained in this article and shall be preceded by the prefix “9-1-13-”. Such prefix refers to this title, chapter and article of the Burbank Municipal Code.

D. WARNING AND DISCLAIMER.

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Accidents and disasters can and will occur on rare occasions. Risks may be increased by man-made or natural causes. This article does not imply that work done pursuant to this article or occupations permitted by this article will be free from damages. This article shall not create liability on the part of the City, any officer or employee thereof, for any damages that result from reliance on this article or any administrative decision lawfully made thereunder. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-101.1: TITLE:

Section 101.1 of Chapter 1 of the IPMC is amended and restated as follows:

101.1 Title.

These regulations shall be known as the City of Burbank Property Maintenance Code of the City of Burbank, and hereinafter in this article referred to as “this code.”

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-102.3: APPLICATION OF OTHER CODES:

Section 102.3 of Chapter 1 of the IPMC is amended and restated as follows:

102.3 Application of other codes.

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Residential Code, California Energy Code, California Plumbing Code, California Electrical Code, California Mechanical Code, the Burbank Municipal Code, and all codes adopted or enforced by the City.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-103.1: AUTHORITY HAVING JURISDICTION:

Section 103.1 of Chapter 1 of the IPMC is amended and restated as follows:

103.1 Authority having jurisdiction.

The officer or other designated authority charged with the administration and enforcement of this code shall be the “Building Official” or a duly authorized representative. “Building Official” shall be synonymous with the term “Assistant Community Development Director/Building Official” or “Building Director” or “Code Official” of the City.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-103.5: FEES:

Section 103.5 of Chapter 1 of the IPMC is amended and restated as follows:

103.5 Fees.

Fees shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-104.1.1: GENERAL DUTIES AND POWERS:

The following section is added to Chapter 1 of the IPMC to read as follows:

104.1.1 General duties and powers.

A. RESPONSIBILITY FOR ENFORCEMENT.

The Building Official shall be responsible for the administration and enforcement of this article. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretation, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. For purposes of declaring and abating fire hazards pursuant to the provisions of this article, the Building Official is also authorized to perform the duties imposed on the Fire Chief and Fire Marshal pursuant to the provisions of the California Fire Code as adopted and amended by this jurisdiction.

B. ENFORCEMENT.

Enforcement of this article may be accomplished by the Building Official in any manner authorized by law. The procedures set forth in this article shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-104.3.1: ENTRY ON PRIVATE PROPERTY:

The following section is added to Chapter 1 of the IPMC to read as follows:

104.3.1 Entry on private property.

The Building Official may enter upon private property to abate the nuisance pursuant to the provisions of this article. No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the City whenever such person is engaged in the work of abatement, pursuant to the provisions of this article, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this article.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.1.1: DUTY TO REPORT VIOLATIONS:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.1.1 Duty to report violations.

The Fire Chief, City Planner, Public Works Director and all other department heads shall make reports in writing to the Building Official of any building or structure which is believed to be a dangerous or substandard building within the terms of this article whenever the facts thereof shall come to the attention of such officer.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.1: PERFORMANCE OF ABATEMENT:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.1 Performance of abatement.

Abatement of the nuisance may in the discretion of the Building Official be performed by City forces or by a contractor retained pursuant to the provisions of this Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.2: PROCEDURES FOR ABATEMENT OF VIOLATIONS OR UNLAWFUL CONDITIONS:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.2 Procedures for abatement of violations or unlawful conditions.

A. NOTICE AND ORDER OF BUILDING OFFICIAL.

Whenever the Building Official has inspected or caused to be inspected any property and has found and determined that conditions constituting a public nuisance exist thereon, the Building Official may use the procedures set forth in this section for the abatement of such nuisance.

1. The Building Official shall issue a notice and order and mail a copy of such notice and order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property. The notice and order shall contain:

a. The street address and a legal description sufficient for identification of the property on which the condition exists.

b. A statement that the Building Official has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance.

c. An order to secure all appropriate permits and to physically commence, within ten (10) days from the date of service of the notice and order, and to complete within thirty (30) days from such date, the abatement of the described conditions.

d. A statement advising that the disposal of material involved in public nuisances shall be carried forth in a legal manner.

e. A statement advising that if the required work is not commenced within the time specified, the Building Official will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property.

f. A statement advising that any person having any interest or record title in the property may appeal from the notice and order or any action of the Building Official within ten (10) days from the date of service of the notice and order.

g. A statement advising that the notice and order will be recorded against the property in the Office of the County Recorder.

2. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required pursuant to the provisions of Subsection (a) of this section at the address as it appears on the last equalized assessment roll of the County or as known to the Building Official. The address of owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The failure of the Building Official to make or attempt service on any person required in this section to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail in the manner herein provided shall be effective on the date of mailing. The failure of any person entitled to receive such notice shall not affect the validity of any proceedings taken under this article.

3. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

4. At the time the notice and order is served, the Building Official shall file in the Office of the County Recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and the owner has been so notified. The Building Official shall file a new certificate with the County Recorder that the nuisance has been abated whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance on the property described in the certificate; or the notice and order is rescinded by the Board of Building and Fire Code Appeals upon appeal; or whenever the City abates the nuisance and the abatement costs have been paid.

B. EXTENSION OF TIME TO PERFORM WORK.

Upon receipt of a written request from any person required to comply with the order, the Building Official may grant an extension of time within which to complete said abatement, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official shall have the authority to place reasonable conditions on any such extensions.

C. APPEAL.

Any person aggrieved by the action of the Building Official in issuing a notice and order pursuant to the provisions of this article may appeal to the Board of Building and Fire Code Appeals in accordance with the provisions of Article 13 of this chapter. If no appeal is filed within the time prescribed, the action of the Building Official shall be final.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.3: ACCOUNT OF ABATEMENT COSTS:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.3 Account of abatement costs.

The Building Official shall keep an itemized account of the costs incurred by the City in the abatement of any public nuisance under this article. Upon completion of the abatement work, the Building Official shall prepare a report specifying the work done, the itemized costs of the work for each property, including direct and indirect costs, a description of the real property, and the names and addresses of the persons entitled to service pursuant to Section 106.5.2. Any such report may include costs on any number of properties, whether or not contiguous to each other. Each person named in the notice shall be jointly and severally liable for such abatement costs and the amount of such costs shall be a debt owed to the City.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.4: PROCEDURE FOR SPECIAL ASSESSMENT:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.4 Procedure for special assessment.

A. CITY CLERK.

When any charges levied pursuant to this article remain unpaid for a period of sixty (60) days or more after the date on which they were billed, the Building Official, in his discretion, may forward the abatement costs report described in Section 106.5.3 to the City Clerk.

B. HEARING NOTICE.

Upon receipt of the abatement costs report, the Clerk shall fix a time and place for hearing and passing upon the report. The Clerk shall cause notice of the amount of the proposed assessment, shown in this report, to be given in the manner and to the persons specified in Section 106.5.2. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the Council will hear and pass upon the report, together with any objections or protests which may be raised by any landowner liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than fifteen days prior to the time fixed by the Clerk for the hearing, and shall also be published once, at least fifteen (15) days prior to the date of the hearing, in a newspaper of general circulation published in the County of Los Angeles.

C. PROTEST.

Any interested person may file a written protest with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The City Clerk shall endorse on every such protest the date and time of filing, and shall present such protest to the Council at the time set for hearing.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.5: HEARING ON PROPOSED ASSESSMENT:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.5 Hearing on proposed assessment.

Upon the day and hour fixed for the hearing the Council shall consider the report of the Building Official, together with any protests which have been filed with the City Clerk. The Council may make such revision, correction, or modification in the report as it may deem just, and when the Council is satisfied with the correctness of the assessment, the report, and proposed assessment, as submitted or as revised, corrected, or modified, shall be confirmed. The decision of the Council on the report and the assessment and on all protests shall be final and conclusive. The Council may adjourn the hearing from time to time.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.6: CONTEST OF ASSESSMENT:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.6 Contest of assessment.

The validity of any assessment levied under the provisions of this article shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty (30) days after the assessment is confirmed by the Council.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.7: NOTICE OF LIEN: FORM AND CONTENTS:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.7 Notice of lien: form and contents.

A. NOTICE OF LIEN.

Immediately upon the confirmation of the assessment by the Council, the Building Official shall execute and file in the Office of the County Recorder a certificate in substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Building Official by the provisions of Article 13, Chapter 1, Title 9 of the Burbank Municipal Code, said Building Official on or about the ____ day of ____, 20____, caused the abatement of a nuisance on real property, and the Council for the City of Burbank, on the ____ day of _____, 20____, assessed the cost of such abatement upon said real property and the same has not been paid nor any part thereof, and the City of Burbank does hereby claim a lien on said real property for the net expense of the doing of said abatement in the amount of $______, and this amount shall be a lien upon said real property until the sum has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Burbank, County of Los Angeles, State of California, and particularly described as follows:

(DESCRIPTION)

Dated: This ____ day of _____, 20____.

BUILDING OFFICIAL OF THE CITY OF BURBANK

(ACKNOWLEDGEMENT)

B. RECORDATION.

Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon parity with the lien of state and local taxes.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.5.8: COLLECTION WITH REGULAR TAXES PROCEDURE:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.5.8 Collection with regular taxes procedure.

A. ASSESSMENT BOOK.

The notice of lien, after recording, shall be delivered to the Auditor of Los Angeles County, who shall enter the amount on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

B. COLLECTION.

Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such assessment.

C. REFUNDS.

The Council may order a refund of all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or the legal representative of such person.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-106.6: REMEDIES OF PRIVATE PARTIES:

The following section is added to Chapter 1 of the IPMC to read as follows:

106.6 Remedies of private parties.

The provisions of this article shall in no way adversely affect the right of the owner, lessee, or occupant of any such lot to recover all costs and expenses required by this article from any person causing such nuisance.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-107.1.1: EXTENSION OF TIME OF NOTICE AND ORDER:

The following section is added to Chapter 1 of the IPMC to read as follows:

107.1.1 Extension of time of notice and order.

The Building Official shall have discretionary power, upon receipt of an application from a person required to comply with a notice and order and a written agreement binding such person to comply with said order. The Building Official’s authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal any notice and order.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-107.3.1: RECORDATION:

The following section is added to Chapter 1 of the IPMC to read as follows:

107.3.1 Recordation.

At the time the notice and order is served, the Building Official shall file in the Office of the County Recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified, or set aside, by the Board upon appeal, so that the building no longer exists as a dangerous building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder that the building has been demolished or removed or is no longer dangerous.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-108.6.1: ADDITIONAL PROCEEDINGS FOR ABATEMENT OF IMMINENTLY DANGEROUS PUBLIC NUISANCES:

The following section is added to Chapter 1 of the IPMC to read as follows:

108.6.1 Additional proceedings for abatement of imminently dangerous public nuisances.

Whenever the Building Official determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected, or isolated, the Building Official may institute the following procedures.

A. NOTICE.

The Building Official shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the Building Official shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

B. ABATEMENT.

In the event the Building Official is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the Building Official, do not take action as specified by such official, within seventy-two (72) hours, then the Building Official may, with the approval of the City Manager, take all steps deemed necessary to remove or isolate such dangerous condition, or conditions, with the use of City forces or a contractor retained pursuant to the provisions of this Code.

C. COST.

The Building Official shall keep an itemized account of the costs incurred by the City in removing or isolating such condition, or conditions. Such costs may be recovered in the same manner that abatement costs are recovered pursuant to this article.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-109.5.1: PROCEDURE FOR ASSESSMENT OF COST OF EMERGENCY REPAIRS:

The following section is added to Chapter 1 of the IPMC to read as follows:

109.5.1 Procedure for assessment of cost of emergency repairs.

A. FILING OF REPORT.

The Building Official shall keep an itemized account of the net expense involved in the repair or demolition of a building or structure. Upon the completion of the repair or demolition, the Building Official shall prepare and file with the City Clerk in duplicate a report specifying the work done.

B. REPORT TRANSMITTED TO COUNCIL AND SETTING FOR HEARING.

Upon receipt of the report, the City Clerk shall present it to the Council for consideration. The Council shall cause notice of the cost of the repair or demolition to be given in the manner and to the persons specified in Section 107 of the International Property Maintenance Code. Such notice shall specify the day, hour and place when the Council will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such repair or demolition and any other interested persons. Notice of hearing provided by this subsection shall be published at least 10 days prior to the date of hearing by one insertion in a newspaper of general circulation published in the County of Los Angeles.

C. PROTESTS AND OBJECTIONS: HOW MADE.

Any person interested and affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the time set for the hearing.

D. HEARING OF PROTESTS.

Upon the day and hour fixed for the hearing the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the repair or demolition and any other interested persons.

E. ASSESSMENT TO BE TRANSMITTED TO BUILDING OFFICIAL.

Upon the confirmation of the assessment, the City Clerk shall transmit the report as modified to the Building Official.

F. RECORDATION OF ASSESSMENT.

The Building Official shall record the assessment as confirmed in a suitable book to be kept for that purpose in his office, and shall append thereto his certificate of the date of such recording.

G. ASSESSMENT LIEN.

Immediately upon the recording of the assessment, the cost so assessed shall constitute a lien on the real property described in the report. Such lien shall for all purposes be on parity with the lien of state, county, and municipal taxes. All such assessments remaining unpaid for 30 days from the date of recording shall become delinquent and bear interest at the rate of one percent per month computed on the date of delinquency and on the first day of each month thereafter. The lien shall continue until the amount thereof and interest are paid or until it is discharged of record.

H. FILING OF LIEN: FORM AND CONTENTS.

The Building Official shall file in the Office of the County Recorder of Los Angeles County a certificate substantially in the following form, to wit:

NOTICE OF LIEN

Pursuant to the authority vested in the Building Official of the City of Burbank, California, by the provisions of Article 13, Chapter 1, Title 9 of the Burbank Municipal Code, said Building Official, on the ____ day of _____________, 20__ , caused the building or structure on the real property hereinafter described to be repaired or demolished (as the case may be) in order to abate a nuisance on said real property, and the Council of the City of Burbank, on the ____ day of ________ , 20____ , assessed the cost of such repair or demolition (as the case may be) upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the City does hereby claim a lien on said real property for the net expense of the doing of said repairs or demolition (as the case may be) in the sum of $________ , and the amount shall be a lien upon said real property for the net expense of the doing of said repairs of demolition (as the case may be) in the sum of $________ , and the amount shall be a lien upon said real property until the said sum, with interest at the rate of one percent per month computed upon the date of delinquency and on the first day of each month subsequent to the expiration of 30 days from the ____ day of ____________ , 20____ (insert day of recording of assessment), has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of Burbank, County of Los Angeles, State of California, and particularly described as follows, to wit:

(DESCRIPTION)

Dated this ______ day of _____, 20______,

BUILDING OFFICIAL

(ACKNOWLEDGEMENT)

I. FORECLOSURE.

If the sum assessed is not paid to the Building Official within 30 days after the date of the recording of the assessment, the Building Official shall report such nonpayment to the Council, and the Council may instruct the City Attorney to bring an action in the name of the City to foreclose the lien of the assessment.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-110.3.1: PROCEDURE FOR ASSESSMENT OF COST OF DEMOLITION:

The following section is added to Chapter 1 of the IPMC to read as follows:

110.3.1 Procedure for assessment of cost of demolition.

The procedure for assessment of cost of demolition shall comply with Section 109 of the California Building Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-111.1: APPLICATION FOR APPEAL:

Section 111.1 of Chapter 1 of the IPMC is amended and restated as follows:

111.1 Application for appeal.

Any person, directly affected by a decision of the Building Official or a Notice or Order shall have the right to appeal to the Board of Building and Fire Code Appeals in accordance with Section 9-1-1-113 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-111.2: MEMBERSHIP OF THE BOARD:

Section 111.2 (including subsections 111.2.1 through 111.2.5) of Chapter 1 of the IPMC is amended and restated as follows:

111.2 Membership of the board.

Membership of the Board of Building and Fire Code Appeals shall comply with Article 4, Title 2 Chapter 1 of the Burbank Municipal Code.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-111.3: NOTICE OF MEETING:

Section 111.3 of Chapter 1 of the IPMC is amended and restated as follows:

111.3 Notice of meeting.

The Board shall meet in accordance with the procedures defined in Section 9-1-1-113.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-111.4.1.2: ADDITIONAL INSPECTIONS AND REPORTS:

The following section is added to Chapter 1 of the IPMC to read as follows:

111.4.1.2 Additional inspections and reports.

Whenever in the course of any proceedings taken hereunder the Board shall have cause to require additional evidence, the Board may request that the same be inspected by any officer of the City who may provide information pertinent to the proceedings. The officer to which such request is directed shall cause the building or structure to be inspected and a report thereof in writing shall be transmitted to the Board.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-111.9: DUTIES OF THE CITY ATTORNEY:

The following section is added to Chapter 1 of the IPMC to read as follows:

111.9 Duties of the city attorney.

The City Attorney shall:

A. APPEARANCE AT BOARD MEETINGS.

Appear at the request of the Board at any hearing before that Board in regard to dangerous buildings or substandard buildings.

B. TAKING LEGAL ACTION.

Take such legal action as is necessary to carry out the terms and provisions of this article.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-112.4: FAILURE TO COMPLY:

Section 112.4 of Chapter 1 of the IPMC is amended and restated as follows:

112.4 Failure to comply.

Any person who shall continue any work after having been served a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to pay a fee as set forth in the Burbank Fee Resolution.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-201.3: TERMS DEFINED IN OTHER CODES:

Section 201.3 of Chapter 2 of the IPMC is amended and restated as follows:

201.3 Terms defined in other codes.

Where terms are not defined in this code and are defined in the California Building Code, California Residential Code, California Energy Code, California Green Building Standards Code, California Plumbing Code, California Electrical Code or California Mechanical Code, such terms shall have the meanings ascribed to them as stated in those codes.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-202: DEFINITIONS:

Section 202 of Chapter 2 of the IPMC is amended by adding the following definitions:

ATTRACTIVE NUISANCE: Shall mean any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it.

LANDOWNER: Shall mean the person to whom land is assessed as shown on the last equalized assessment roll of the county.

PARKWAY: Shall mean that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, “parkway” shall mean the area of property from the property line to the edge of the pavement.

PROPERTY: Shall mean any lot or parcel of land. For the purposes of this definition, “lot or parcel of land” shall include any alley, sidewalk, parkway, or unimproved public easement abutting such lot or parcel of land.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-301.2.1: BUILDINGS:

The following section is added to Chapter 3 of the IPMC to read as follows:

301.2.1 Buildings.

It shall be unlawful for any landowner or person leasing, occupying, or having charge or possession of any property in the City to maintain on such property any of the following:

1. Buildings which are abandoned, partially destroyed, or partially constructed or incomplete after building permits have expired.

2. Buildings with deteriorating or peeling paint that allows the exterior building coverings to deteriorate or to permit the effects of sun and water penetration so as to encourage decay, dry rot, warping, cracking, or any other form of deterioration.

3. Broken windows, doors, attic vents, and under floor vents.

4. Building exteriors (walls, roofs, appendages, and other architectural and structural elements), and site improvements (walls, fences, driveways, or walkways, and other site elements) which are cracked, broken, defective, deteriorated, in disrepair, or defaced due to any writing, inscription, figure, scratches, or other markings commonly referred to as “graffiti.”

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-301.2.2: PUBLIC NUISANCE:

The following section is added to Chapter 3 of the IPMC to read as follows:

301.2.2 Public nuisance.

It is hereby declared a public nuisance for any landowner or person leasing, occupying, directly controlling, or having possession of any property in this City to maintain any condition described in Section 302.4 and Section 308 of this Code or to maintain any attractive nuisance.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-302.4: WEEDS:

Section 302.4 of Chapter 3 of the IPMC is amended and restated as follows:

302.4 Weeds.

A. It shall be unlawful for any landowner, and person leasing, occupying, or having charge or possession of any property in the City to keep, maintain, or deposit on such property any of the following:

1. The following weeds:

a. Weeds which bear seeds of a downy or wingy nature.

b. Sagebrush, chaparral, and any brush or weeds which attain such large growth as to become, when dry, a menace to adjacent property.

c. Weeds which are otherwise noxious or dangerous.

d. Puncture vines and tumble weed.

e. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

2. Dry grass and grass likely to become dry; stubble; brush; litter; or other flammable material which endangers the public safety creating a fire hazard, as defined in the California Fire Code.

3. Dead, decayed, or hazardous trees or other vegetation; residue from a fire; or demolition such as concrete or brick foundations and flat work; and overgrown vegetation which is unsightly and likely to harbor rats or vermin, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.

B. Upon failure of the owner or agent having charge of a property to cut or destroy weeds after service of a Notice of Violation, the owner or agent shall be subject to further enforcement in accordance with the provisions of this Article.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-302.7: ACCESSORY STRUCTURES:

Section 302.7 of Chapter 3 of the IPMC is amended and restated as follows:

302.7 Accessory structures.

All accessory structures, including detached garages, shall be maintained structurally sound and in good repair.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-302.9: DEFACEMENT OF PROPERTY:

Section 302.9 of Chapter 3 of the IPMC is amended and restated as follows:

302.9: Defacement of property.

See Article 3, Title 9, Chapter 3, of the Burbank Municipal Code for property maintenance requirements for defacement of property.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-303.2: ENCLOSURES AND SAFETY DEVICES:

Section 303.2 of Chapter 3 of the IPMC is amended and restated as follows:

303.2: Enclosures and safety devices.

Enclosures and safety devices shall comply with the provisions of the California Building Code. No existing pool, spa or hot tub enclosure or safety device shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-304.1.1: UNSAFE CONDITIONS:

Section 304.1.1 of Chapter 3 of the IPMC is amended by replacing the phrase “International Building Code” with “California Building Code,” and replacing the phrase “International Existing Building Code” with “California Residential Code.” [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-305.1.1: UNSAFE CONDITIONS:

Section 305.1.1 of Chapter 3 of the IPMC is amended by replacing the phrase “International Building Code” with “California Building Code,” and replacing the phrase “International Existing Building Code” with “California Residential Code.” [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-306.1.1: UNSAFE CONDITIONS:

Section 306.1.1 of Chapter 3 of the IPMC is amended by replacing the phrase “International Building Code” with “California Building Code,” and replacing the phrase “International Existing Building Code” with “California Residential Code.” [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-308.1.1: ACCUMULATION OF RUBBISH AND GARBAGE:

The following section is added to Chapter 3 of the IPMC to read as follows:

308.1.1 Accumulation of rubbish and garbage.

It shall be unlawful for any landowner, and person leasing, occupying, or having charge or possession of any property in the City to keep, maintain, or deposit on such property any of the following:

1. Rubbish or junk, including, but not limited to, refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires, and piles of earth.

2. Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other fixtures or equipment which are not stored within an entirely enclosed space.

3. Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the California Fire Code.

4. Inoperative, abandoned, or dismantled motor vehicles, trailers, campers, and boats which are not stored within an entirely enclosed space or carport.

5. Trash, garbage, or refuse cans, bins, boxes or other such containers stored in front or side yards visible from public streets.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-401.3: ALTERNATIVE DEVICES:

Section 401.3 of Chapter 4 of the IPMC is amended and restated as follows:

401.3 Alternative devices.

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or the California Residential Code shall be permitted.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-502.5: PUBLIC TOILET FACILITIES:

Section 502.5 of Chapter 5 of the IPMC is amended and restated as follows:

502.5: PUBLIC TOILET FACILITIES.

Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-505.1: GENERAL - WATER SYSTEM:

Section 505.1 of Chapter 5 of the IPMC is amended and restated as follows:

505.1 General - water system.

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.

[Added b0.0y Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-602.2: RESIDENTIAL OCCUPANCIES:

Section 602.2 of Chapter 6 of the IPMC is amended and restated as follows:

602.2 Residential occupancies.

Dwellings shall be provided with heating facilities capable of maintaining a room temperature in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-602.3: HEAT SUPPLY:

Section 602.3 of Chapter 6 of the IPMC is amended and restated as follows:

602.3 Heat supply.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-604.2: SERVICE - ELECTRICAL FACILITIES:

Section 604.2 of Chapter 6 of the IPMC is amended and restated as follows:

604.2: Service - electrical facilities.

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served with an electrical service in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-604.3.1.1: ELECTRICAL EQUIPMENT:

Section 604.3.1.1 of Chapter 6 of the IPMC is amended by replacing the phrase “International Building Code” with “California Building Code, California Residential Code, and the California Electrical Code.” [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-604.3.2.1: ELECTRICAL EQUIPMENT:

Section 604.3.2.1 of Chapter 6 of the IPMC is amended by replacing the phrase “International Building Code” with “California Building Code, California Residential Code, and the California Electrical Code.” [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-605.2: RECEPTACLES:

Section 605.2 of Chapter 6 of the IPMC is amended and restated as follows:

605.2 Receptacles.

Every habitable space in a dwelling shall contain receptacle outlets in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-605.3: LUMINAIRES:

Section 605.3 of Chapter 6 of the IPMC is amended and restated as follows:

605.3 Luminaires.

Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain luminaires in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-702.1: GENERAL:

Section 702.1 of Chapter 7 of the IPMC is amended and restated as follows:

702.1 General.

A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall be maintained in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-702.2: AISLES:

Section 702.2 of Chapter 7 of the IPMC is amended and restated as follows:

702.2 Aisles.

The required width of aisles shall be maintained in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-702.3: LOCKED DOORS:

Section 702.3 of Chapter 7 of the IPMC is amended and restated as follows:

702.3 Locked doors.

All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, and shall be maintained in accordance with the code in effect at the time of issuance of the construction permit.

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-13-704: FIRE PROTECTION SYSTEMS:

See Title 9 Chapter 1 Article 9 of the Burbank Municipal Code for smoke alarm, power source, and interconnection requirements in existing Group R occupancies. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Article 16. SEISMIC RETROFIT STANDARDS

DIVISION 1. UNREINFORCED MASONRY ORDINANCE

9-1-16-100: ADOPTION OF CODE:

Appendix A - Chapter A1 of Part 10 of Title 24 of the California Code of Regulations, also known as the “California Existing Building Code,” which is part of the California Building Standards Code, 2022 Edition, is hereby adopted without local amendments by the City of Burbank and made a part of this Code for promoting public welfare and safety by reducing the risk of earthquake-induced damage to unreinforced masonry bearing wall buildings. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 2. EARTHQUAKE HAZARD REDUCTION IN EXISTING REINFORCED CONCRETE WALL AND/OR REINFORCED MASONRY WALL BUILDINGS WITH FLEXIBLE DIAPHRAGMS

9-1-16-200: EARTHQUAKE HAZARD REDUCTION IN EXISTING REINFORCED CONCRETE WALL AND/OR REINFORCED MASONRY WALL BUILDINGS WITH FLEXIBLE DIAPHRAGMS:

9-1-16-200.1: PURPOSE:

The City of Burbank is within California Building Code Seismic Zone 4. This is the highest risk for damaging earthquakes. Approximately 30 percent of the City is categorized as an “Active Fault Near-Source Zone” (ICBO, California Department of Conservation-Division of Mines and Geology). The Near-Source Zone is an area within two kilometers of an active fault (Class A or B) capable of producing a major earthquake. The Verdugo Fault and the Hollywood Fault are the near-source influences for the City (both are Class B faults). A Near-Source Zone is subject to the largest and most damaging ground acceleration and velocity produced in a seismic event. The resulting structural damage in a near-source zone is generally severe.

The 1994 Northridge Earthquake caused considerable damage to buildings and structures located in the City of Burbank. Experts expect a massive earthquake on one of the faults under the City within the next 30 years and several earthquakes similar in intensity to the Northridge Earthquake during that same period.

The damage to buildings could expose occupants of these buildings to a potential life-safety risk in future earthquakes, and the City of Burbank must protect its population and property and enforce the Building Code so as to provide effective protection to all its citizens.

Recent earthquakes, including the 1994 Northridge event, have demonstrated the deficiencies in the structural performance of reinforced concrete wall and/or reinforced masonry wall buildings with flexible diaphragms. The 1997 California Building Code contained revisions to the seismic requirements for new construction, but it did not address the existing “legal nonconforming” buildings.

Pre-1976 UBC reinforced concrete wall and/or reinforced masonry wall buildings with flexible diaphragms are considered potentially hazardous and prone to significant damage, including possible roof collapse, in moderate to major earthquakes. These buildings may lack adequate strength in the anchorage system of the wall to the roof and floor diaphragms.

The purpose of this section is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on reinforced concrete wall and/or reinforced masonry wall buildings with flexible diaphragms designed under the building codes in effect prior to the adoption of the 1976 UBC. Such buildings have been categorized, based on past earthquakes, as being potentially hazardous and prone to significant damage, including possible collapse, in a moderate to major earthquake.

The provisions of this section are minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury on both subject and adjacent properties and will not necessarily prevent loss of life or injury or prevent earthquake damage to an existing building which complies with these standards. The requirement for compliance with these standards does not preclude the utilization, at the building owner’s option, of more extensive strengthening method that might further prevent or limit loss of life or injury or building damage. This section shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered unless they constitute a hazard to life or property.

This section provides for the identification and classification of reinforced concrete wall and/or reinforced masonry wall buildings with flexible diaphragms based on the current use of the building. Priorities, time periods, and standards are also established under which these buildings are required to be structurally analyzed and strengthened for seismic resistance. Where the analysis determines structural deficiencies, this section requires the building to be strengthened. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.2: SCOPE:

The provisions of this section shall apply to all buildings designed under building codes in effect prior to February 14, 1977, which, on the effective date of this section have reinforced concrete walls and/or reinforced masonry walls with flexible diaphragms as defined herein.

Any such buildings with seismic strengthening in place prior to the effective date of this ordinance shall be within the scope of this section and shall, therefore, be evaluated according to the provisions of this section and modified to comply with this section if deficient. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.3: DEFINITIONS:

ANCHORAGE SYSTEM: Is the system of all structural elements and connections which support the concrete or masonry wall in the lateral direction, including diaphragms and sub-diaphragms, wall anchorage and continuity or cross tie connectors in sub-diaphragms and main diaphragms.

COMMENCED CONSTRUCTION: Construction pursuant to a valid building permit has progressed to the point that one of the called inspections as required by the City has been made and the work for which the inspection has been called has been judged by the City to be substantial and has been approved by the Building Official.

FLEXIBLE DIAPHRAGM: Is any diaphragm constructed of wood structural panel, diagonal or straight wood sheathing, metal decking without a structural concrete topping, or horizontal rod bracing.

REINFORCED CONCRETE WALL: Is a concrete wall that has 50 percent or more of the reinforcing steel required for reinforced concrete in the Uniform Building Code.

REINFORCED MASONRY WALL: Is a masonry wall that has 50 percent or more of the reinforcing steel required by 1976 Uniform Building Code Section 2106.1.12.4.

TILT-UP CONCRETE WALL: Is a form of precast concrete panel construction either cast in the horizontal position at the site and after curing, lifted into place in a vertical position, or cast off-site in a fabricator’s shop. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.4: RATING CLASSIFICATIONS:

The rating classifications as shown in Table No. 9-1-16-200-A are hereby established and each building within the scope of this section shall be placed in one such rating classification by the Building Official. The total occupant load as determined by CBC Chapter 10 for the entire building plus the occupant load of any adjacent building which interconnects with the subject building or uses the subject building for exiting purposes shall be used to determine the rating classification. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.5: INSPECTION AND RETROFIT REQUIRED; SIGN REQUIRED:

A. The owner of each building within the scope of this section shall cause an investigation of the existing construction and a structural analysis to be made of the building by a civil or structural engineer or architect licensed by the State of California, and if the building does not meet the minimum standards specified in this section, the owner shall cause the building to be structurally altered to conform to such standards or cause the building to be demolished. The owner of a building within the scope of this section shall submit to the Building Official within 275 days after the service of the compliance order the following for review:

1. A structural analysis, subject to approval by the Building Official within the 275-day time period, which demonstrates that the building meets the minimum requirements of this Section, or

2. A structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Section, or

3. Plans for the demolition of the building.

After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table No. 9-1-16-200-B. These time limits shall begin to run from the date the compliance order is served.

B. Unless exempt pursuant to 9-1-16-200.5(c) below, the owner or person in charge or control of a building within the scope of this section shall, within 275 days after the service of a compliance order, post in a conspicuous place at the entrance of the building, on a sign not less than 8-1/2" x 11", the following statement, printed in not less than 30 point bold type: “This is a reinforced concrete wall or reinforced masonry wall building with a flexible diaphragm built prior to February 14, 1977. The City of Burbank has ordered the owner of this building to bring the building into compliance with the provisions of Burbank Municipal Code Section 9-1-16-200, which relate to earthquake safety.”

C. The sign shall remain posted until the structural alterations bringing the building into compliance with the provisions of Section 9-1-16-200 are completed and approved by the Building Official. If an owner of a building within the scope of this section has submitted to the Building official a structural analysis that demonstrates that the building meets the minimum requirements of Section 9-1-16-200 and the Building Official approves such structural analysis, the sign requirements in 9-1-16-200.5(b) shall no longer be applicable to such building. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.6: COMPLIANCE ORDER:

A. The Building Official shall issue a written compliance order to the record owner of each building within the scope of this section directing the owner to comply with this section and shall also mail a copy to the person, if any, occupying or otherwise in real or apparent charge and control of the building.

B. The order shall be served either personally or by mail and shall contain:

1. The street address and legal description sufficient for identification of the building.

2. A statement that the Building Official has found the building to be within the scope of Section 9-1-16-200.

3. An order to prepare and submit to the Building Official a structural analysis and plans pursuant to Section 9-1-16-200.5.

4. A statement specifying the appeal rights of the owner as contained in Section 9-1-16-200.7.

C. The order shall be served and contents recorded in accordance with the provisions of Article 13 of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.7: APPEAL FROM ORDER:

A. The owner of the building may appeal the Building Official’s determination that the building is within the scope of this section to the Board of Building and Fire Code Appeals. Such appeal shall be filed with the Board within 60 days of the service date of the order described in Section 9-1-16-200.6. Such appeal shall be made in writing upon appropriate forms provided therefore by the Building Division, and the grounds thereof shall be stated clearly and concisely. Any materials that the appellant wishes considered by the Board shall be submitted to the Board at least 14 calendar days before the hearing. Each appeal shall be accompanied by a filing fee as set forth in the Burbank Fee Resolution. If no appeal is filed within 60 days of the service of the compliance order, the building shall be considered to be within the scope of this Section 9-1-16-200.

B. Appeals or requests for modification from any other determinations, orders, or actions of the Building Official pursuant to this Section shall be made in accordance with the procedures established in Section 9-1-1-113 of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.8: TIME EXTENSIONS:

An owner of a building may apply to the Board of Building and Fire Code Appeals for an extension of time limits to submit a plan for retrofit of the building, to obtain necessary permits and/or to complete the retrofit to the building. The Board may grant an applicant an extension of up to 12 months additional time to comply with these requirements provided the applicant has demonstrated a good faith effort to meet the requirements of this Section 9-1-16-200. A maximum of two such extensions may be granted for a total extension of up to two years. In no case, shall the time for completion of retrofit exceed five years from the time of service of the compliance order. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.9: NO ALTERATIONS PERMITTED UNTIL BUILDING RETROFIT IS COMPLETE:

Once a compliance order has been served, buildings within the scope of this Section 9-1-16-200 may not be structurally altered, remodeled or added to, without first complying with the provisions of this Section 9-1-16-200 unless the Building Official determines that the alteration is minor in nature. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.10: ENFORCEMENT:

If the owner of the subject building fails to comply with any order issued by the Building Official pursuant to this section within any of the time limits set forth in Section 9-1-16-200.5, or within any additional time limits as may have been granted by the Board, the Building Official may order that the building be vacated until the building is in compliance. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11: ANALYSIS AND DESIGN:

The owner of a building subject to this Section shall cause the structure to comply with the following provisions. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.1: WALL PANEL ANCHORAGE:

Concrete and masonry walls shall be anchored to all floors and roofs which provide lateral support for the wall. The anchorage shall provide a positive direct connection between the wall and floor or roof construction capable of resisting a horizontal force equal to 30 percent of the tributary wall weight for all buildings, and 45 percent of the tributary wall weight for essential buildings, or a minimum force of 250 pounds per linear foot of wall, whichever is greater. The required anchorage shall be based on the tributary wall panel assuming simple supports at floors and roof.

EXCEPTION: Alternate design may be approved by the Building and Safety Division when justified by well-established principles of mechanics. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.2: SPECIAL REQUIREMENTS FOR WALL ANCHORS AND CONTINUITY TIES:

The steel elements of the wall anchorage systems and continuity ties shall be designed by the allowable stress design method using a load factor of 1.7. The 1/3 stress increase permitted by 1976 UBC Section 1603.5 shall not be permitted for materials using allowable stress design methods. The strength design specified in 1994 UBC Section 1925.2, using a load factor of 2.0 in lieu of 1.4 for earthquake loading, shall be used for design of embedments in concrete. Wall anchors shall be provided to resist out-of-plane forces, independent of existing shear anchors.

EXCEPTION: Existing cast-in-place shear anchors may be used as wall anchors if the tie element can be readily attached to the anchors and if the engineer or architect can establish tension values for the existing anchors through the use of approved as-built plans or testing, and through analysis showing that the bolts are capable of resisting the total shear load while being acted upon by the maximum tension force due to earthquake. Criteria for analysis and testing shall be determined by the Building Division.

Expansion anchors are not allowed without special approval of the Building Division. Attaching the edge of plywood sheathing to steel ledgers is not considered as complying with the positive anchoring requirements of this Section; and attaching the edge of steel decks to steel ledgers is not considered as providing the positive anchorage of this Section unless testing and analysis are performed that establish shear values for the attachment perpendicular to the edge of the deck. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.3: DEVELOPMENT OF ANCHOR LOADS INTO THE DIAPHRAGM:

Development of anchor loads into roof and floor diaphragms shall comply with 1994 UBC Section 1631.2.9.3.

EXCEPTION: If continuously tied girders are present, then the maximum spacing of the continuity ties is the greater of the girder spacing or 24 feet. In wood diaphragms, anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal, nor shall wood ledgers, top plates or framing be used in cross-grain bending or cross-grain tension. The continuous ties required by 1976 UBC Section 1633.2.9.4 shall be in addition to the diaphragm sheathing.

Lengths of development of anchor loads in wood diaphragms shall be based on existing field nailing of the sheathing unless existing edge nailing is positively identified on the original construction plans or at the site.

At reentrant corners, continuity collectors may be required for existing return walls not designed as shear walls, to develop into the diaphragm a force equal to the lesser of the rocking or shear capacity of the return wall, to the tributary shear by not exceeding the capacity of the diaphragm. Shear anchors for the return shall be commensurate with the collector force. If a truss or beam other than rafters or purlins is supported by the return wall or by a column integral with the return wall, an independent secondary column is required to support the roof or floor members whenever rocking of shear capacity of the return wall is governing.

The design for the seismic deflection of return walls, and fins/canopies at entrances, shall insure deflection compatibility with the diaphragm by either seismically isolating the element or attaching the element and integrating its load into the diaphragm. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.4: ANCHORAGE AT PILASTERS:

Anchorage of pilasters shall be designed for the tributary wall anchoring load pursuant to Section 9-1-16-200.11.1, considering the wall as a two-way slab. The pilasters or the walls immediately adjacent to the pilasters shall be anchored directly to the roof framing such that the existing vertical anchor bolts at the top of the pilasters are by-passed without causing tension or shear failure at the top of the pilasters.

EXCEPTION: If existing vertical anchor bolts at the top of the pilasters are used for the anchorage, then additional exterior confinement shall be provided.

The minimum anchorage at a floor or roof between the pilasters shall be that specified in Section 9-1-16-200.11.1 of this Section. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.5: SYMMETRY:

Symmetry of connectors in the anchorage system is required. Eccentricity may be allowed when it can be shown that all components of forces are positively resisted and justified by calculations or tests. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.6: MINIMUM ROOF MEMBER SIZE:

Wood members used to develop anchorage forces to the diaphragm must be at least 3x for new construction and replacement. All such members must be checked for gravity and earthquake as part of the wall anchorage system. For existing buildings, the member check shall be without the 1/3 stress increase pursuant to Section 9-1-16-200.11.2. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.7: COMBINATION OF ANCHOR TYPES:

To repair and retrofit existing buildings, a combination of different anchor types of different behavior or stiffness shall not be permitted. The capacity of the new and existing connectors cannot be added. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.8: PROHIBITED ANCHORS:

Usage of connectors that were bent and/or stretched from the intended use shall be prohibited. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.9: CRACK AND DAMAGE REPAIRS, EVALUATION OF EXISTING STRUCTURAL ALTERATIONS:

The engineer shall report any observed structural conditions and structural damage that have imminent life safety effects on the buildings and recommend repairs. Evaluations and repairs shall be reviewed and approved by the Building and Safety Division. The engineer shall also evaluate the effects of alterations such as openings cut in existing wall panels without a permit that may present immediate life safety hazard, and correct when necessary. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.11.10: MISCELLANEOUS:

Existing mezzanines relying on the tilt-up walls for vertical and/or lateral support shall be anchored to the walls for the tributary mezzanine load. Walls depending on the mezzanine for lateral support shall be anchored per Sections 9-1-16-200.11.1, 9-1-16-200.11.2 and 9-1-16-200.11.3.

EXCEPTION: Existing mezzanines that have independent lateral and vertical support need not be anchored to the walls. Existing interior masonry or concrete walls not designed as shear walls, that extend to the floor above or to the roof diaphragm shall also be anchored for out-of-plane forces per Sections 9-1-16-200.11.1, 9-1-16-200.11.2 and 9-1-16-200.11.3 of this Code. In the in-plane direction, the walls may be isolated or shall be developed into the diaphragm for a lateral force equal to the lesser of the rocking or shear capacity of the wall, or the tributary shear but not exceeding the diaphragm capacity. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.12: MATERIALS OF CONSTRUCTION:

All materials permitted by this Code, including their appropriate allowable stresses and those existing configurations of materials specified in this Code, may be utilized to meet the requirements of this Section. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-200.13: INFORMATION REQUIRED ON PLANS:

The plans shall accurately reflect the results of the engineering investigation and design and show all pertinent dimensions and sizes for plan review and construction. In addition to the seismic analysis required elsewhere in this Section, the licensed engineer or architect responsible for the seismic analysis of the building shall record the following on the approved plans:

A. Floor plans and roof plans shall show existing framing construction, diaphragm construction, proposed wall anchors, cross-ties and collectors. Existing nailing, anchors, ties and collectors shall also be shown on the plans if these are part of the design, and these structural elements need to be verified in the field.

B. At elevations where there are alterations or damage, details shall show roof and floor heights, dimensions of openings, location and extent of existing damage, and proposed repair.

C. Typical wall panel sections with panel thickness, height, location of anchors shall be provided.

D. Details shall include existing and new anchors and the method of development of anchor forces into the diaphragm framing; existing and/or new cross-ties; existing and/or new or improved support of roof and floor girders at pilasters or walls.

TABLE NO. 9-1-16-200-A RATING CLASSIFICATIONS
Classification/Occupant Load
Group I	300 or more	Group II	30 to 299	Group III	less than 30

TABLE NO. 9-1-16-200-B TIME LIMITS FOR COMPLIANCE
Obtain Building Permit Within	Commence Construction	Complete Construction
365 days	545 days	Three years

TABLE NO. 9-1-16-200-C SERVICE PRIORITIES
Rating/Minimum Time Period Classification Before Service of Compliance Order
Group I	30 days	Group II	1 year	Group III	2 years

[Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 3. VOLUNTARY PRESCRIPTIVE PROVISIONS FOR SEISMIC STRENGTHENING OF CRIPPLE WALLS AND SILL PLATE ANCHORAGE OF LIGHT, WOOD-FRAME RESIDENTIAL BUILDINGS

9-1-16-A300: ADOPTION OF CODE:

Appendix A - Chapter A3 of Part 10 of Title 24 of the California Code of Regulations, also known as the “California Existing Building Code,” which is part of the California Building Standards Code, 2022 Edition, is hereby adopted without local amendments by the City of Burbank and made a part of this Code for promoting public welfare and safety by reducing the risk of earthquake-induced damage to existing wood-frame residential buildings. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 4. VOLUNTARY EARTHQUAKE HAZARD REDUCTION IN EXISTING WOOD FRAME RESIDENTIAL BUILDINGS WITH SOFT, WEAK OR OPEN FRONT WALLS

9-1-16-A400: ADOPTION OF CHAPTER A4 OF THE 2022 CALIFORNIA EXISTING BUILDING CODE:

Appendix A - Chapter A4 of Part 10 of Title 24 of the California Code of Regulations, also known as the “California Existing Building Code,” which is part of the California Building Standards Code, 2022 Edition, is hereby adopted without local amendments by the City of Burbank and made a part of this Code for promoting public welfare and safety by reducing the risk of death or injury that may result from the effects of earthquakes on existing wood-frame, multiunit residential buildings. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

DIVISION 5. EARTHQUAKE DAMAGE REPAIR OF WELDED STEEL MOMENT FRAME BUILDINGS

9-1-16-500: EARTHQUAKE DAMAGE REPAIR OF WELDED STEEL MOMENT FRAME BUILDINGS:

9-1-16-500.1: PURPOSE:

The City of Burbank is within CBC Seismic Zone 4. This zone is the highest risk for damaging earthquakes. Approximately 30 percent of the City is categorized as an “Active Fault Near Source Zone” (ICBO, California Department of Conservation-Division of Mines and Geology). The Near-Source Zone is an area within two kilometers of an active fault (Class A or B) capable of producing a major earthquake. The Verdugo Fault and the Hollywood Fault are the near-source influences for the City (both are Class B faults). A Near-Source Zone is subject to the largest and most damaging ground acceleration and velocity produced in a seismic event. The resulting structural damage in a near-source zone is generally severe.

Studies have been conducted on the earthquake damage by structural engineers from numerous state and city agencies and the Structural Engineers Association of Southern California (SEAOSC). These engineers have determined that welded steel moment frame buildings located in earthquake-damaged areas were severely impacted by the Northridge Earthquake and its aftershocks.

Section 9-1-16-500 is in response to the discovery of unexpected and unprecedented damage to welded steel moment frame (WSMF) structures in the Northridge Earthquake. This serious damage was revealed only after detailed structural inspections were performed. In many cases, buildings with significant structural damage showed no outward signs of distress. Given the lack of visual and superficial clues, such as a permanent drift or damaged architectural elements, property owners and building occupants are unaware of the risk to safety and the serious consequences of hidden damage to welded steel moment frames.

Inspection of the WSMF building stock in the City of Los Angeles revealed significant and widespread damage due to the Northridge Earthquake of 1994, when evaluated in accordance with SAC/FENIA guidelines. Sixty percent, or 150, of the buildings within the scope of the City of Los Angeles Repair Ordinance had significant WSMF structural damage requiring repairs. The buildings in Burbank were subjected to similar earthquake forces and ground motions as these damaged buildings in Los Angeles. A building with a damaged WSMF has little or no capacity to resist further earthquake forces.

The Building Code does not allow a welded steel moment frame building to be maintained with damaged connections. It is necessary to insure that repairs to these welded steel moment frame buildings are performed in an expeditious manner.

The damage to these welded steel moment frame buildings could expose occupants of these buildings to potential life-safety risks in future earthquakes, and the City of Burbank must protect its population and property and enforce the Building Code so as to provide effective protection to all its citizens.

Thus, the purpose of this ordinance is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on welded steel moment frame buildings. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.2: SCOPE:

Section 9-1-16-500 shall be applicable to buildings of more than one story of welded steel moment frame design if construction of the building began before January 17, 1994, provided, however, that the following buildings are exempt from the requirements of this Section 9-1-16-500:

A. Any single family dwelling (CBC R-3 occupancy),

B. Detached one- or two-story dwellings of CBC R-I occupancy, and

C. Detached apartment houses containing fewer than five dwelling units and used solely for residential purpose. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.3: DEFINITIONS:

CONNECTION: Combination of joints used to transmit forces between two or more members categorized by the amount and type of force transferred (moment, shear, end reaction).

NON-DESTRUCTIVE TESTING: An approved in-situ procedure for examining material continuity, including but not limited to: Liquid Dye Penetrant Test, Magnetic Particle Test, Radiographic Test, Ultrasonic Test.

STRUCTURAL ENGINEER: A person authorized to use the title of structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.

WELDED STEEL MOMENT FRAME: A plane (or nearly so) frame structure deriving lateral load stability from rigid interconnection of the beams and columns. Rigid connections may consist either of fully welded connections or connections which are partially welded and bolted. This includes both ordinary moment-resisting frames and special moment-resisting frames as defined by the California Building Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.4: INSPECTION AND REPAIR REQUIRED:

A. Structural Analysis and Inspection Report.

The owner of each building within the scope of this Section 9-1-16-500 shall, upon service of an inspection order, cause a structural analysis and inspection report of the building to be prepared by a structural engineer.

The structural analysis and inspection report shall contain the results of an analytical or numerical analysis of the building with the number and location of connections identified as requiring inspection based on the results of such analysis. The number and location of connections to be inspected shall be selected by the structural engineer and approved by the Building Official prior to inspection.

Inspection and test procedures shall follow guidelines established by the Federal Emergency Management Agency (FEMA), Applied Technology Council (ATC), and SAC Steel Project. The Building Official shall verify the analysis and inspection procedures comply with these guidelines.

The final structural analysis and inspection report shall include the result of any nondestructive tests and the results of other approved methods of testing connections, shall state whether or not the building has damage to these connections, and shall identify the damaged connections.

If no repairs are indicated in the structural analysis and inspection report, the report shall demonstrate that the building’s welded steel moment frame structural elements are without damage that may reduce the moment resisting capacity of the structural elements below the building’s original minimum design requirements.

If the structural analysis and inspection report indicate that the welded steel moment frame structure of the building is damaged, the report shall include plans and procedures prepared by a structural engineer for the repair of such damage. The repair plans shall indicate the repairs necessary for the structure to meet the standards for strength under which the building was originally designed.

The structural analysis and inspection report must be submitted to the Building Official within 12 months after the service of an inspection order. The structural analysis inspection report is subject to approval by the Building Official.

B. Repair of Damage.

If the structural analysis and inspection report indicates that the welded steel moment frame structure of the building is damaged, the owner of such building shall cause the structure to be repaired to the standards for strength under which the building was originally designed. After repair plans are submitted and approved by the Building Official, the owner shall, within 18 months of the service of the inspection order, obtain a building permit for the necessary repairs. The repairs shall be completed within 24 months after the service of the inspection order. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.5: TYPES OF DAMAGE:

Types of damage which may reduce the moment resisting capacity of welded steel moment frame structures below minimum design safety criteria include but are not limited to:

A. Column to beam connection weld discontinuities detectable by visual inspection or non-destructive testing that are not termed defects per the criteria given in the Welding Code. Weld defects resulting in discontinuity and loss of connection strength below design criteria. Cracked or damaged shear tab or weld.

B. Panel zone damage such as fracture, buckle, or yield of continuity plate, yield or ductile deformation of web, full or partial depth fracture in web or doubler plate, severed column.

C. Incipient flange crack, flange tearout or divot, lamellar flange tearing, column splice failure, buckled flange, full or partial flange crack in or outside of heat affected zone. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.6: NO ALTERATIONS PERMITTED UNTIL BUILDING REPAIRED:

Once an inspection order has been served, buildings within the scope of this Section 9-1-16-500 may not be structurally altered, remodeled or added to without first complying with the provisions of this Section 9-1-16-500, unless the Building Official determines that the alteration is minor in nature. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.7: INSPECTION ORDER:

A. The Building Official shall issue a written inspection order to the record owner of each building within the scope of this Section 9-1-16-500 and shall also mail a copy to the person, if any, occupying or otherwise in real or apparent charge and control of the building.

B. The order shall be served either personally or by mail and shall contain:

1. The street address and legal description sufficient for identification of the building.

2. A statement that the Building Official has found the building to be within the scope of Section 9-1-16-500.

3. An order to prepare and submit to the Building Official a structural analysis and inspection report as required pursuant to Section 9-1-16-500.4.

4. A statement specifying the appeal rights of the owner as contained in Section 9-1-16-500.9.

C. The order shall be served and contents recorded in accordance with the provisions of Subsections (c), (d), (e), and (f) of Article 13, section 106.5.2 of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.8: REPAIR ORDER:

A. The Building Official shall issue a written repair order to the record owner of a damaged building directing the owner to repair any damage to the Welded Steel Moment Frame based on the structural analysis and nondestructive testing recommendations approved by the Building Official and shall mail a copy of such repair order to the person, if any, occupying or otherwise in real or apparent charge and control of the building.

B. The repair order shall be served either personally or by mail and shall contain:

1. The street address and legal description sufficient for identification of the building.

2. A statement that the Building Official has found the building to be within the scope of Section 9-1-16-500.

3. An order to secure permits, physically commence, and to complete all work necessary to meet the repair recommendations proposed in the approved structural analysis and inspection report.

4. A statement specifying the appeal rights of the owner as contained in Section 9-1-16-500.9.

C. The order shall be served and contents recorded in accordance with the provisions of Article 13 of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.9: APPEAL FROM ORDERS:

A. The owner may request that the Building Official reconsider the Building Official’s determination that the building is within the scope of this Section 9-1-16-500 by submitting building plans to the Building Official that clearly establish that the building’s structural systems and connections are not of welded steel moment frame design. Further, the owner may appeal the Building Official’s determination that the building is within the scope of this Section 9-1-16-500 to the Board of Building and Fire Code Appeals. Reasons for a building’s exemption from this Section 9-1-16-500 shall be limited to:

1. the building is not of welded steel moment frame design; or

2. construction of the building began after January 17, 1994.

Such appeal shall be filed within 60 calendar days from the service of the inspection order and shall clearly and concisely state the grounds for such appeal. Any materials that the appellant wishes considered by the Board shall be submitted to the Board 14 calendar days before the hearing. If no request for reconsideration and no appeal are filed within 30 days of the service of the inspection order, the building shall be considered to be within the scope of this Section 9-1-16-500.

B. Appeals or requests for modification from any other determinations, orders, or actions of the Building Official pursuant to this section shall be made in accordance with the procedures established in Section 9-1-1-113 of this Code. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.10: TIME EXTENSIONS:

An owner of a building may apply to the Board of Building and Fire Code Appeals for an extension of the time limits to submit a plan for repair to the building and obtain the necessary permits and the time limit to complete the repairs to the building. The Board may grant an applicant an extension of up to 12 months additional time to comply with these requirements provided the applicant has demonstrated a good faith effort to meet the requirements of this Section 9-1-16-500. A maximum of three such extensions may be granted for a total extension of up to three years. In no case, shall the time for completion of repairs exceed five years from the service of the inspection order. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

9-1-16-500.11: ENFORCEMENT:

If an owner of a building subject to this Section 9-1-16-500 does not comply with any order issued by the Building Official pursuant to this section within any time limits set forth in this section, the Building Official may order the entire building vacated and that the building remain vacated until such order has been complied with. [Added by Ord. No. 22-3,981, eff. 1/1/23.]

Prior legislation: Ordinance 22-3,981 repeals and replaces Title 9, Ch. 1, which derived from Ordinances 2194, 2239, 2240, 2248, 2278, 2287, 2289, 2431, 2432, 2442, 2486, 2591, 2593, 2594, 2595, 2606, 2614, 2730, 2843, 2867, 2940, 2953, 2957, 3058, 3091, 3092, 3097, 3175, 3299, 3300, 3423, 3441, 3519, 3603, 3604, 3636, 3652, 3662, 3668, 3733, 3742, 3746, 3758, 3797, 3799, 3825, 13-3,845, 16-3,888 and 19-3,922.

CHAPTER 1BUILDING AND FIRE1

9-1-1-101: GENERAL:

9-1-1-102: DEFINITIONS:

9-1-1-103: ORGANIZATION AND ENFORCEMENT:

9-1-1-104: DUTIES AND POWERS OF THE BUILDING OFFICIAL:

9-1-1-105: PERMITS:

9-1-1-105.2: WORK EXEMPT FROM PERMIT:

9-1-1-105.5.1: PERMIT EXPIRATION:

9-1-1-105.8: TO WHOM A PERMIT MAY BE ISSUED:

9-1-1-105.9: APPEALS:

9-1-1-105.10: CONSTRUCTION HOURS:

9-1-1-107: SUBMITTAL DOCUMENTS:

9-1-1-107.3.1: APPROVAL OF CONSTRUCTION DOCUMENTS:

9-1-1-109: FEES:

9-1-1-110: INSPECTIONS:

9-1-1-111: CERTIFICATE OF OCCUPANCY:

9-1-1-113: BOARD OF APPEALS:

9-1-1-114: VIOLATIONS:

9-1-1-116: UNSAFE BUILDINGS, STRUCTURES, EQUIPMENT, CONDITIONS:

9-1-1-117: BUILDING SECURITY:

9-1-1-2: ADOPTION OF THE 2022 CALIFORNIA ADMINISTRATIVE CODE:

9-1-2: ADOPTION OF 2022 CALIFORNIA BUILDING CODE:

9-1-2-101.1: TITLE:

9-1-2-406.3.3.2: PORTE COCHERE:

9-1-2-705.3: BUILDINGS ON CONTIGUOUS LOTS:

9-1-2-701A.1.1: ESTABLISHMENT OF THE BURBANK VERY HIGH FIRE HAZARD SEVERITY ZONE:

9-1-2-705A.2.1: CLASS A ROOF COVERING:

9-1-2-705A.4.1: ROOF GUTTERS AND DOWNSPOUTS:

9-1-2-706A.2: VENT REQUIREMENTS:

9-1-2-1206.4.1: ALTERNATE SOUND TRANSMISSION CONTROL ASSEMBLIES FOR NEW SINGLE-FAMILY DWELLINGS:

9-1-2-1403.3.3: WOOD SHAKES AND SHINGLES PROHIBITED:

9-1-2-1403.3.4: EXISTING WOOD EXTERIOR REPAIRS:

9-1-2-1404.2: WEATHER PROTECTION:

9-1-2-1405.1.1: COMBUSTIBLE WALL COVERINGS:

9-1-2-1501.1.1: WOOD ROOFS PROHIBITED:

9-1-2-1507.8: WOOD SHINGLES:

9-1-2-1507.9: WOOD SHAKES:

9-1-2-1512.2: RECOVERING VERSUS REPLACEMENT:

9-1-2-1512.2.1: ROOF RECOVER:

9-1-2-1512.3: ROOF RECOVERING:

9-1-2-1612.3: ESTABLISHMENT OF FLOOD HAZARD AREAS:

9-1-2-1613.5: AMENDMENTS TO ASCE 7:

9-1-2-1613.6: SEISMIC DESIGN PROVISIONS FOR HILLSIDE BUILDINGS:

9-1-2-1613.7: SUSPENDED CEILINGS:

9-1-2-1704.6: STRUCTURAL OBSERVATIONS:

9-1-2-1704.6.1: STRUCTURAL OBSERVATIONS FOR STRUCTURES:

9-1-2-1705.3: CONCRETE CONSTRUCTION:

9-1-2-1705.13: SPECIAL INSPECTIONS FOR SEISMIC RESISTANCE:

9-1-2-1807.1.4: PERMANENT WOOD FOUNDATION SYSTEMS:

9-1-2-1807.1.6: PRESCRIPTIVE DESIGN OF CONCRETE AND MASONRY FOUNDATION WALLS:

9-1-2-1807.2: RETAINING WALLS:

9-1-2-1809.3: STEPPED FOOTINGS:

9-1-2-1809.7: PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME CONSTRUCTION:

9-1-2-1809.12: TIMBER FOOTINGS:

9-1-2-1810.3.2.4: TIMBER:

9-1-2-1905.1: GENERAL:

9-1-2-1905.1.7: ACI 318, SECTION 14.1.4:

9-1-2-1905.1.9: ACI 318, SECTION 18.7.5:

9-1-2-1905.1.10: ACI 318, SECTION 18.10.4:

9-1-2-1905.1.11: ACI 318, SECTION 18.12.6:

9-1-2-2304.10.2: FASTENER REQUIREMENTS:

9-1-2-2304.10.3.1: QUALITY OF NAILS:

9-1-2-2304.12.2.8: WOOD USED IN RETAINING WALLS AND CRIBS:

9-1-2-2305.4: HOLD-DOWN CONNECTORS:

9-1-2-2306.2: WOOD-FRAME DIAPHRAGMS:

9-1-2-2306.3: WOOD-FRAME SHEAR WALLS:

9-1-2-2307.2: WOOD-FRAME SHEAR WALLS:

9-1-2-2308.6: WALL BRACING:

9-1-2-2308.6.5.1: ALTERNATE BRACED WALL (ABW):

9-1-2-2308.6.5.2: PORTAL FRAME WITH HOLD-DOWNS (PFH):

9-1-2-2308.6.8.1: FOUNDATION REQUIREMENTS:

9-1-2-2308.6.9: ATTACHMENT OF SHEATHING:

9-1-2-3101.1: SCOPE:

9-1-2-3115: INTERMODAL SHIPPING CONTAINERS:

9-1-2-3203: BUILDING ON PUBLIC EASEMENT PROHIBITED:

9-1-2-3302.4: CONSTRUCTION FENCING:

9-1-2-3305.1: FACILITIES REQUIRED:

9-1-2-3305.2: GARBAGE CONTAINERS:

9-1-2-C105: (APPENDIX C) COMMERCIAL STABLES:

9-1-2-G101.6: (APPENDIX G) FLOOD RESISTANT CONSTRUCTION - WARNING AND DISCLAIMER OF LIABILITY:

CHAPTER 1
BUILDING AND FIRE¹