Agenda packet — Foster City City Council, October 3, 2022 (part 2 of 2)

Attachment 1

Service Reference Agency-Approved
Charge Description
Additional Services for Customers
1 Single-Family Dwelling
Backyard Collection
Service Section

5.02.A
See Charges in the
table at the end of
this Attachment
See Charges in the table at
the end of this Attachment
2 Long Distance Service for
MFD, Mixed Use, and
Commercial Accounts
(Note: only applicable to
Containers with wheels)
Sections

5.02.B,

5.02.C; and

8.02.B
A – 10% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
B – 25% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or
from the edge of the roadway
nearest the closest edge of the
Container, if there is no curb.
3 Container Relocation
Service
Sections

5.02B and

8.02B
A – 12% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
B – 27% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or
from the edge of the roadway
nearest the closest edge of the
Container, if there is no curb.
4 On-Call Pick-up for SFD,
MFD, Mixed Use, and
Commercial Customers
Sections

5.02.A,

5.02.B, and

5.02.C
25% of the base
monthly Rate for the
size of Container
Collected once per
week
Per Collection event per
Container for Collection
requested by Customer
5 Return Trip (SFD, MFD,
Mixed Use, or
Commercial)
Sections

5.02.A, B, C;

5.03.A, B, C;

5.04.A, B, C
$19.10 for SFD
$19.10 for
Commercial, Mixed
Use, and MFD
Per Collection event (i.e.,
request to return and provide
Collection service after the
Customer failed to properly set
out their Container(s) for
regularly scheduled Collection)
208

ATTACHMENT Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services

Page 2 of 4 ends

Service Reference Agency-Approved
Charge Description
6 Additional Targeted
Recyclable Materials or
Organic Materials Cart
Service for SFD
Sections

5.03.A and

5.04.A
$3.82 per Recycling
Cart
$3.82 per Organic
Materials Cart
Per Cart per month (any Cart
size). Six month minimum
charge required. Includes one-
time Cart delivery upon start of
service and removal of Cart
when service is discontinued
by Customer.
7 Additional On-Call Bulky
Item Collection
Sections

5.05, 5.06 $103.80
Per Bulky Item Collection
event (in addition to the events
provided at no charge to
Customer pursuant to Section

5.12)
8 Collect Contaminated
Targeted Recyclable
Materials or Organic
Materials Container
Section

6.03.A and

8.02.F
25% of the base
monthly Solid Waste
Rate for the size of
Container Collected
once per week
plus
Return Trip Fee if
applicable
Per Collection event for
Container with Contamination
Level greater than the
maximum level pursuant to
Table 1 in Section 6.02.B
9 Lock Service (Key Service) Section

8.02.B
A – $10.82 per usage
B – $12.09 per usage
Monthly cost:

A – Residential Customers
B – Commercial Customers
10 Lock Purchase Section

8.02.B $21.63 per lock Per lock
11 Overage Service Section

8.02.G
100% of the base
monthly Solid Waste
Collection Rate
Per Collection event (after the
first two events)
12 Overage Bags Cost Section

8.02.G
50% of the base
monthly Solid Waste
Collection Rate or
$10.17 minimum
Per bag
13 Container Cleaning
Service
Section

8.05.D
A – $63.64
B – $108.18
A – per Cart
B – per Bin or Drop-Box
Charge only applies to
cleaning or Container
exchange in addition to the
service to be provided at no
charge to the Customer
pursuant to Section 8.05.D
209

ATTACHMENT Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services

Page 3 of 4 ends

Service Reference Agency-Approved
Charge Description
14 Dirty Cart Replacement
(Exchange) Service
Section

8.05.D
A – $82.72
B – $95.45
C – $108.18
A – per 32 gallon Cart
B – per 64 gallon Cart
C – per 96 gallon Cart
Charge only applies to
cleaning or Container
exchange in addition to the
service to be provided at no
charge to the Customer
pursuant to Section 8.05.D
210

ATTACHMENT Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services

Page 4 of 4 ends

Backyard Collection Service Charge
for Single-Family Dwellings*
(Section 5.02.A)
Distance from Curb**
Backyard
Charge for
Customers
with One (1)
Solid Waste
Cart
Backyard
Charge for
Customers with
Two (2) Solid
Waste Carts
Backyard
Charge for
Customers with
Three (3) Solid
Waste Carts
Backyard
Charge for
Customers with
Four (4) Solid
Waste Carts
Distance <= 50 feet $22.91 $36.55 $73.11 $109.66
50 < Distance <= 100 feet $26.72 $40.37 $76.92 $113.48
100 < Distance <= 150 feet $30.54 $44.20 $80.75 $117.30 150 < Distance <= 200 feet $34.36 $48.01 $84.57 $121.11 200 < Distance <= 250 feet $38.18 $51.83 $88.37 $124.93 250 < Distance <= 300 feet $42.00 $55.64 $92.20 $128.74 300 < Distance <= 350 feet $45.82 $59.46 $96.01 $132.57 Each additional 50 foot
increment over 350 feet
Amount equals the difference
between the Charge for 250 to 300 feet and 300 to 350 feet * Backyard Collection Service Charges are charges added to the base monthly Rate for Single-Family Collection service, and cover the provision of Backyard Collection Service for all of Customer’s Solid Waste, Recyclable Materials, and Organic Materials Carts.
** Distance shall be measured from the face of the curb, or from the edge of the roadway nearest the closest edge of the Cart, if there is no curb. 211

PROPOSED GARBAGE, RECYCLABLES AND ORGANICS COLLECTION RATES EFFECTIVE JANUARY 1, 2023
A summary of proposed base rates is listed below. A complete listing is available at www.fostercity.org.

RESIDENTIAL CURBSIDE COLLECTION RATES
Quantity
Container
Size
Frequency
of Pick-Up
Current
Monthly Rate
Proposed
Monthly Rate
1 20 gallon cart 1 x per week $16.36 17.18
1 32 gallon cart 1 x per week $26.21 27.51
1 64 gallon cart 1 x per week $52.40 55.02
1 96 gallon cart 1 x per week $78.62 82.55
Residential customers are billed based on the size of their black Garbage Cart. The monthly rate includes one 64-gallon blue Recycling Cart and one 96-gallon green Organics Cart. Additional carts or placement of carts further than within 5 feet of the road right of way are subject to Unscheduled Service Fees.

COMMERCIAL COLLECTION RATES*
Quantity
Container
Size
Frequency
of Pick-Up
Current
Monthly Rate
Proposed
Monthly Rate
1 20 gallon cart 1 x per week $16.36 17.18
1 32 gallon cart 1 x per week $26.21 27.51
1 64 gallon cart 1 x per week $53.95 56.65
1 96 gallon cart 1 x per week $83.36 87.53
1 1 yard bin 1 x per week $125.67 131.95
1 2 yard bin 1 x per week $251.35 263.92
1 3 yard bin 1 x per week $377.03 395.88
1 4 yard bin 1 x per week $502.71 527.85
1 6 yard bin 1 x per week $754.05 791.75
1 8 yard bin 1 x per week $1,066.65 1,119.98

* Organics collection service is discounted 25% for commercial rate customers who also subscribe to garbage service.

For additional rate information, visit www.fostercity.org

NOTICE OF PROPOSED

INCREASE IN GARBAGE

AND RECYCLABLES AND

ORGANICS COLLECTION

SERVICE RATES
Effective January 1, 2023
This notice is to advise property owners that
the Foster City City Council will be holding a
public hearing to consider approving updated
rates for garbage, recyclables and organics
collection services, and this notice is therefore
given in accordance with Proposition 218 and
Article XIIID of the California Constitution
City of Foster City

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
610 Foster City Boulevard, Foster City, CA 94404-2222

PRSRT STD

US POSTAGE
PAID

HAYWARD, CA
PERMIT #3335
Attachment 2
212

PUT TRASH IN ITS PLACE
Not everything belongs in the solid waste stream.

Keep rates low and help ensure the availability of
landfill space, reduce greenhouse gas emissions and
reduce the toxicity of the environment by handling
wastes properly.
•Make an appointment to take Hazardous
Wastes, like paints and pesticides, to the
County’s Hazardous Waste program.
•Keep batteries out of all carts. Place household
batteries and cell phones in zipper bags on top of
your black cart (single family) or ask your
property manager to place a battery bucket in a
common area for all residents. (multi-family).
•Use a kitchen pail to collect food waste and place
it in your green cart where it can be composted
into useful products.
•Place used automobile oil in sealed one-gallon
containers and oil filters in plastic zipper bags at
your curb.
•Drop off unwanted medications at Foster City
CVS or other Health Department Safe Medication
Disposal locations.
•Make an appointment for Recology to pick up
your bulky items.
•Take other items to the Shoreway Public
Recycling Center for proper disposal or recycling.
•When in doubt, call Recology San Mateo County
to ask if an item belongs in the cart.

ABOUT SOLID WASTE COLLECTION

SERVICES IN FOSTER CITY
Garbage, recyclables and organics collection is
provided under a franchise agreement between
Recology San Mateo County and the City of Foster
City. Foster City is a member of the South Bayside
Waste Management Authority (SBWMA), also known
as RethinkWaste, a collection of agencies that
coordinate waste management staff services (such as
contract negotiation and legislative advocacy) and
manage the Shoreway Environmental Center in San
Carlos. Make an appointment for a virtual public tour
of the Shoreway facility at rethinkwaste.org.

WHAT DO PROPOSED BASE RATES PAY
FOR?
Residential:
•Weekly curbside collection of garbage, recycling
and organics
•Curbside collection of used motor oil, oil filters,
cell phone and household batteries
•Two annual “On Call” bulky item pick-ups (by
appointment)
•Holiday tree recycling
•No cost public recycling at Shoreway
Environmental Center, including mattresses,
electronics, and small appliances
•One annual confidential document shredding
event, electronic waste collection event and
compost give-away event (additional events in
Foster City are funded by other sources)
Commercial
•Subscribed level of collection for garbage and
recycling; 25% reduction in cost for organics
•Customized waste management assistance by
Waste Zero Specialists
All Customers
•Energy-efficient, cleaner emissions garbage and
recycling collection trucks
•Operation of the Shoreway Environmental
Center for waste and recycling

PROPOSED RATE INCREASE
Foster City’s Solid Waste rates are calculated to
collect the revenue required to run the Solid Waste
program. Approximately 60% of the revenue
requirement is based on the cost of collection by the
City’s waste hauler, Recology San Mateo County. The
remaining revenue requirement is composed of city-
specific service levels, disposal and processing costs, and agency fees. Revenue from commodity sales of
recovered recyclables is used to reduce rates. Based
on this analysis, base rates for 2023 are proposed to
be increased by 5.0%.

Residential Rates. The costs for all three residential
services: garbage, recycling, and organics collection;
are determined by the size of the garbage cart. A

5.0% increase would equate to approximately $1.31
per month for residential customers with 32-gallon
carts (32-gallons is the most commonly subscribed
residential garbage cart size.)
Rate Smoothing. In order to reduce rate volatility for
all rate categories, the City has taken a conservative
approach to rate setting by increasing rates over time, rather than relying on large periodic rate
adjustments. The proposed increase takes into
account the revenue requirement for 2023 as well as
known future increases associated with anticipated
compliance with new requirements associated with
stormwater regulations and California State Senate
Bill 1383. Rates are offset by revenue generated
through the sale of recovered recyclables and surplus
rate balances.

Rates for Unscheduled Services. The franchise
agreement allows for a Consumer Price Index (CPI)
increase to Unscheduled Service Fees, which are
generally those optional services that are specifically requested and paid directly by the requesting
ratepayer. Unscheduled services are proposed to
increase 4.184% for Rate Year 2023.

PUBLIC HEARING
The City Council has scheduled a Public Hearing to
consider adopting garbage, recyclables and organics
collection service rates for Foster City for Calendar
Year 2023.

Monday, November 21, 2022 at 6:30 PM
Unless prohibited by public health orders, the public
hearing will be held in the Foster City Council
Chambers, 620 Foster City Boulevard, Foster City, CA.

The public may participate by providing live verbal
public comment in person, by joining the meeting via
video or teleconference, or by submitting comments
to [email protected]. Instructions on
how to join the meeting will be included in the agenda
that will be posted at least 72 hours prior to the
meeting at www.fostercity.org/agendasandminutes.

The Public Hearing is open to the public, and anyone
may appear and be heard or submit a written
statement on this matter. At the conclusion of the
Public Hearing, the City Council will consider adopting a resolution to set garbage, recyclables and organics
collection rates for Foster City for Rate Year 2023.

Any property owner in Foster City may file a written
protest against the proposed rate increases. The City
Council will consider all input, but State law provides that only written protests from property owners may
be counted to determine whether a majority protest
to the proposed increases exists. The City Clerk must
receive a written protest not later than the closing of the Public Hearing to be counted. If a majority protest exists, then the City Council cannot impose the
increased rates. If, at the conclusion of the Public
Hearing, a majority protest of property owners does
not exist, the City Council will consider adoption of
the proposed rates.

Written protests must include the property owner’s
name, property service address, tax assessor’s parcel
number and the property owner’s original signature.

Written protests may be hand delivered or mailed to
the City Clerk, 610 Foster City Boulevard, Foster City, CA 94404. No more than one protest per parcel may
be submitted.

RECOLOGY SAN MATEO COUNTY
Garbage, Recycling and Organics Collection
www.Recology.com/Recology-san-mateo-county
(650) 595-3900

RETHINKWASTE
Governing Board, Shoreway Tours,
Waste Reduction Information
www.RethinkWaste.org
(650) 802-3500
SAN MATEO COUNTY HEALTH DEPT.

Hazardous Waste Disposal
www.smchealth.org/safe-waste-disposal
Medical Waste Disposal
www.smchealth.org/rxdisposal

SOUTH BAY RECYCLING
Shoreway Environmental Center Management
www.sbrecycling.net/public-recycling-center
213
ATTACHMENT 3
COMPARISON OF 2022 RATES OF SBWMA AGENCIES
Member Agency
RATES1
20-gallon 32-gallon2 64-gallon 96-gallon
Foster City (2021 rate) $16.36 $26.21 $52.40 $78.62
Foster City (proposed 2022 rate) $17.18 $27.51 $55.02 $82.55 San Mateo $19.19 $28.29 $55.52 $84.89
Burlingame $16.13 $29.83 $59.66 $88.54
Redwood City $18.87 $34.86 $64.20 $95.31
North Fair Oaks $36.07 $36.07 $36.07 $84.14
Belmont $34.94 $41.68 $82.06 $123.08
San Mateo County $35.33 $41.99 $61.95 $88.00
Menlo Park $33.81 $42.14 $65.23 $91.46
San Carlos $29.07 $43.43 $66.14 $85.46
East Palo Alto $52.90 $52.90 $52.90 $52.90
West Bay Sanitary District $48.75 $55.25 $72.00 $105.00 Hillsborough $48.55 $56.90 $77.86 $102.15
NOTE 1: The rates shown for member agencies are for current year and do not reflect possible changes in the next rate period.

NOTE 2: Rates are sorted based on the current 32 gallon rate from lowest to highest.

214

DATE: October 3, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director Kent Thrasher, Fire Chief
Robert Marshall, Deputy Fire Chief
Marty Cooper, Chief Building Official

SUBJECT: AMENDING SECTION 1.01.010, “ADOPTION-SECONDARY CODES ADOPTED” OF CHAPTER 1.01 WITHIN TITLE 1 OF

THE FOSTER CITY MUNICIPAL CODE REGARDING

CALIFORNIA CODES

RECOMMENDATION

That the City Council introduce an ordinance amending Section 1.01.010, “Adoption-Secondary Codes Adopted” of Chapter 1.01, “Code Adoption” within Title 1 the Foster City Municipal Code Adopting by Reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code, and the 2022 California Existing Building Code within Title 24 of the California Code of Regulations.

EXECUTIVE SUMMARY

The various building codes and standards are constantly being updated by the California Building Standards Commission to recognize new technology in materials, methods, and engineering data. The codes are published every three years to reflect these changes. Each time these codes and standards are amended, the General Provision of Title 1, Chapter 1.01, Subsection 215

1.01.010, must be amended to reflect the changes. This proposed ordinance will be a companion ordinance to the ordinance amending Title 15, Buildings and Construction.

ANALYSIS

When the City Council adopts the ordinance which amends the latest building-related codes, Title 1, Chapter 1.01, Subsection 1.01.010, of the Municipal Code needs to also be amended concurrently. To amend Title 1, the City Council must adopt an ordinance.

ENVIRONMENTAL REVIEW

The adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as actions by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment.

FISCAL IMPACT

There is no fiscal impact with introduction and adoption of the ordinance.

CITY COUNCIL VALUE/PRIORITY AREA

Consideration of this policy is consistent with the City Council Public Safety and Equity priority area insofar as it enacts mandated state regulations.

ATTACHMENT
 Attachment 1- Ordinance
216
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 1.01.010, “ADOPTION-SECONDARY CODES ADOPTED,” OF CHAPTER 1.01, “CODE ADOPTION,” WITHIN TITLE 1 OF THE FOSTER CITY MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, 2022 RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNIA EXISTING BUILDING CODE WITHIN TITLE 24 OF THE

CALIFORNIA CODE OF REGULATIONS

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN, as follows:

Section 1. The City Council finds that with the adoption of the various codes and amendments in Title 15, namely the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code, California Existing Building Code and the California Green Building Standards Code, is necessary to adopt an ordinance to update Title 1, Chapter 1, Section 1.01.010 to reflect the Editions of the various codes adopted.

Section 2. Section 1.01.010, “Adoption-Secondary codes adopted” of Chapter

1.01 within Title 1 is hereby amended by repealing and replacing in its entirety to read as follows:
“1.01.010 Adoption -- Secondary codes adopted.

Pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California, there is adopted the “Foster City Code,” including the following secondary codes incorporated by reference in whole or in part the following parts of Title 24 of the California Code of Regulations, Parts 2, (Vols. 1 & 2), 2.5, 3, 4, 5, 6, 9, 10 and 11:

A. Code entitled “California Building Code”, 2022 Edition, published by the International Code Council, with California Amendments; B. Code entitled “California Residential Code”, 2022 Edition, published by the International Code Council, with California Amendments; C. Code entitled “California Mechanical Code”, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials, with California Amendments;
D. Code entitled “California Plumbing Code”, 2022 Edition, published by the International Association of Plumbing and Mechanical Officials, with California Amendments;
E. Code entitled “California Electrical Code”, 2022 Edition, published by the 217
National Fire Protection Association, with California Amendments; F. Code entitled “California Fire Code”, 2022 Edition, published by the International Code Council, with California Amendments; G. Code entitled “California Energy Code”, 2022 Edition, published by the International Code Council, with California Amendments; H. Code entitled “California Green Building Standards Code”, 2022 Edition, published by the International Code Council;
I. Code entitled “California Existing Building Code”, 2022 Edition, published by the International Code Council;
Save and except those portions of the preceding secondary codes as are deleted, modified or amended by provisions of the Foster City Code.

From and after the effective date of the ordinances codified in this chapter, the Foster City Code shall constitute the penal and regulatory ordinances of the city of Foster City.”
Section 3. CEQA. The adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as actions by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment
Section 4. Repeal of Conflicting Ordinances. All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or of the Code hereby adopted are thereby repealed.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Section 6. Taking Effect. This Ordinance shall take effect on January 1, 2023.

Section 7. Posting. Within 15 days after the passage of this Ordinance, the City Clerk shall have it posted in three public places designated by resolution of the City Council.
218
This Ordinance was introduced and read on the 3rd day of October, 2022, and passed and adopted on the ____. day of ______________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

RICHA AWASTHI, MAYOR
ATTEST:
___________________________________________

PRISCILLA SCHAUS, CITY CLERK
219

DATE: October 3, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director Kent Thrasher, Fire Chief
Robert Marshall, Deputy Fire Chief
Marty Cooper, Chief Building Official

SUBJECT: REPEALING AND REPLACING CHAPTERS 15.02, “BUILDING CODE”; 15.04, “RESIDENTIAL CODE”; 15.06, “EXISTING
BUILDING CODE”; 15.08, “MECHANICAL CODE”; 15.16,
“PLUMBING CODE”; 15.20, “ELECTRICAL CODE”; AND 15.24,
“FIRE CODE”; OF TITLE 15, “BUILDING AND
CONSTRUCTION,” OF THE FOSTER CITY MUNICIPAL CODE
AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA
BUILDING CODE, 2022 RESIDENTIAL CODE, 2022
CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA
MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE,
2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNIA

EXISTING BUILDING CODE WITH APPENDICES WITHIN
TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS AND
MAKING CERTAIN AMENDMENTS THERETO; AND

ADOPTING THE FIRE DEPARTMENTAL POLICY MANUAL

RECOMMENDATION

1. That the City Council introduce an ordinance repealing and replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”; 15.06, “Existing Building Code”; 15.08, “Mechanical Code; 15.16, “Plumbing 220
Code”; 15.20, “Electrical Code”; and 15.24, “Fire Code” of Title 15, “Buildings and Construction” of the Foster City Municipal Code and Adopting by Reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code, and the 2022 California Existing Building Code with Appendices within Title 24 of the California Code of Regulations and making certain amendments thereto; and adopting the Fire Departmental Policy Manual.

2. It is further recommended that the required public hearing be scheduled and noticed for November 7, 2022 and that following said public hearing, the ordinance be adopted.

EXECUTIVE SUMMARY

The ordinance amending Title 15, Building and Construction, of the Foster City Municipal Code, regarding California Codes is to be introduced by the City Council on October 3, 2022 and the Public Hearing is to be held on November 7, 2022. At the conclusion of this public hearing, it is recommended that the ordinance be adopted. The various building related codes and standards are continually undergoing changes by the State. The codes are updated to recognize new technology in materials, methods, and engineering data, and are published every three years to reflect these changes. This code cycle continues a code format that alters the chapters and section numbers in the 2022 California Codes. These codes may be altered in the future by the City Council. The changes within this Ordinance are mostly administrative in nature. Most code changes and regulations are developed by national model code organizations through a consensus process and modified by California Enforcement Agencies through public hearings before being published as the 2022 California Building Standards.

Copies of the twelve volume California Building Standards Code and the Fire Departmental Policy Manual are available for review in the Community Development Department.

The State of California adopts the model codes with amendments, and cities and counties are mandated to enforce the codes 6 months after they are published, which was on July 1, 2022. Therefore, the California model codes become effective of January 1, 2023.
221

BACKROUND

The California Building Standards Commission has selected building codes, (known as the California Building Standards Code, Title 24, California Code of Regulations) which apply to most building construction in California. Local jurisdictions are required to enforce Title 24 for dwellings, apartments, condominiums, care homes, hotels, assembly buildings (more than fifty occupants in a theater, auditorium, club, meeting room), high-rise buildings, disabled accessibility, and energy regulations.

ANALYSIS

Although the California Building Standards Commission adopts the latest model codes, it allows local jurisdictions to amend these codes because of unique characteristics of climatic, geographical and topographical conditions.

The Commission also allows local jurisdictions to make additions to the codes to meet local requirements and concerns. Amendments to the model codes must be adopted by local jurisdictions and must be made and adopted within 6 months of publication of the model codes.

The State does not mandate cities and counties to enforce all provisions of the various codes as some are enforced by other State agencies (HCD, DSA, OSHA, BCDC & CEC). Some code provisions not adopted by the California Building Standards Commission, which are beneficial to the local jurisdictions, can only legally be enforced if adopted by an ordinance of the City Council.

The proposed ordinance adopting the various codes with amendments pertinent to Foster City is required because of the topographical conditions such as prohibiting metallic piping, mechanical and electrical systems being buried or in contact with the ground due to the recognized corrosive nature of the soil and the probability of seismic events. For example, ground rods at lift stations (to ground lightning strikes) installed in the 1960s had deteriorated by the 1980s requiring the electrical systems to be replaced.

The California Health and Safety Code mandates that local jurisdictions shall adopt the California Building Standards Code for local enforcement within 180-days after Title-24, of the California Code of Regulations is published.

Therefore, the 2022 California Building Standards Code as published by the state will be enforced starting January 1, 2023.

222
For reasons stated above, staff recommends adoption of the 2022 California Building Code, 2022 California Residential Code, 2022 California Plumbing Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 California Fire Code and 2022 California Existing Building Code with Appendices and local amendments and the Fire Departmental Policy Manual.

ENVIRONMENTAL REVIEW

FISCAL IMPACT

There is no fiscal impact with introduction and adoption of the ordinance.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Consideration of this policy is consistent with the City Council Public Safety and Social Equity priority area insofar as it enacts mandated state regulations.

Attachments:
 Attachment 1 - Ordinance
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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING CHAPTERS 15.02, “BUILDING CODE”; 15.04, “RESIDENTIAL CODE”; 15.06, “EXISTING BUILDING CODE”; 15.08, “MECHANICAL CODE”; 15.16, “PLUMBING CODE”; 15.20, “ELECTRICAL CODE”; AND 15.24, “FIRE CODE”; OF TITLE 15, “BUILDING AND CONSTRUCTION,” OF THE FOSTER CITY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, 2022 RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNIA EXISTING BUILDING CODE WITH APPENDICES WITHIN TITLE 24 OF

THE CALIFORNIA CODE OF REGULATIONS AND MAKING CERTAIN AMENDMENTS THERETO; AND ADOPTING THE FIRE DEPARTMENTAL POLICY MANUAL

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN, as follows:

Section 1. FINDINGS.

The City Council finds that the unique characteristics of the topography and the balance of industrial, commercial, and residential property in the City of Foster City require the adoption of the 2022 California Building Code, 2022 California Residential Code, 2022 California Plumbing Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 California Fire Code, and 2022 California Existing Building Code with Appendices and local amendments and the Fire Department Policy Manual; together with the modifications herein are reasonably necessary in order to protect the health, safety, and welfare of the residents and property in the City because of the existence of the following findings of fact:

Findings of Fact
In accordance with Health and Safety Code Sections 13869.7, 17958, 17958.5, 17958.7, and 18941.5, the City Council makes the following findings of fact related to the topographical, climatic, and geological conditions that require modifications to the building standards reasonably necessary to protect the health, safety, and welfare of residents and property in the City.

Topographical
Foster City is a manmade island developed over a former marshland adjacent to the San Francisco Bay. In the early 1900s a dike was constructed separating the marsh from the Bay and converted to farmland and commercial salt production. In the early 1960s hydraulic fill consisting of sand and clam shells was dredged from the San Francisco Bay and deposited to an average depth of five feet (5') on the top of the existing land. The salt and mineral content of the fill material is very destructive to metal in contact with the soil. The weight of the fill material on the younger bay mud causes compaction of the younger bay mud that must be considered in the design of structures and drainage systems.
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The City of Foster City is located in San Mateo County in an area identified as being in the southern region of the County. The City of San Mateo is to the west, Hayward to the east, and San Carlos and Redwood City are to the south. The City encompasses all of the City of Foster City. The City has an area of roughly 19.9 square miles with roughly 4 square miles of land area and a resident population of approximately 32,94234,453. The City includes small tracks of open space found in the flat marsh areas in the western portions of the City. Highway 92 passes through the City.
(a) Marshlands. Much of the City is located in marshlands. The wetland terrain has influenced development to follow the path of least resistance, creating a meandering pattern. The development pattern includes lots of varying size, and development is often set back from the street. The development pattern also does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross town thoroughfares, which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. "Pass-through" vehicular traffic in the City, such as the areas of the Hillsdale Blvd., Foster City Blvd., and Fashion Island Blvd., increase commute time traffic for East and West bound vehicular movement to US 101 and Hwy 92. This creates barriers, which increases the response time of fire apparatus and other emergency vehicles. The topography of the City is also burdened by major structures.

Employment areas are throughout the City, and the people who work in these complexes have added to the traffic congestion, thereby increasing fire apparatus response times.
(b) Lagoons. The lagoon portions of the City contain water ways, bridges, and over crossings that contribute to reduced traffic flow.
(c) Roads and Streets. The number of vehicle miles driven is steadily increasing despite limited growth. The impact of additional regional planned developments and increased traffic flow will continue to have an effect on the delivery of fire protection services.

Climatic Conditions.

The City, on average, experiences an annual rainfall between 18 to 25 inches. This rainfall can be expected between October and April of each year and is based on the 100-year weather almanac. However, during the summer and early fall months there is little, if any, measurable precipitation. During this dry period, the temperatures are usually between 70°-90° with light to gusty westerly winds. Warmer temperatures result in increased traffic on local water ways generating additional calls for services dealing with water rescues and boaters in need of assistance.

Geologic Conditions.
(a) Earthquakes. Seismically, the City sits along the active San Andreas Fault. The relatively young geological processes that have created the San Francisco bay region are still active today. Foster City is within Seismic Site Classes “D”, “E”, or “F” with many major faults traversing the region. A major earthquake within the City could damage numerous structures and infrastructure. This catastrophic damage would put the general public at high risk because the depleted emergency response 225
crews would not be available to respond to every incident immediately. Built-in fire protection and other fire protection measures will provide a higher level of safety for occupants and property.
(b) Soil Conditions. The City lies in the southern end of San Mateo County. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. Bedrock lies beneath the area at depths generally three hundred (300) feet or more. Typically the soil pH in Foster City would be Slightly to Moderately alkaline, with the chloride concentration in the range of highly corrosive to very highly corrosive and sulfate content is typically considered adverse.

Section 2. REPEALING AND REPLACING CHAPTER 15.02 TO TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.02, “Building Code,” within Title 15, “Buildings and Construction,” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.02

BUILDING CODE
Sections:

15.02.010 Adoption.

15.02.020 Citation.

15.02.030 Section 104.1 Chapter 1-Division 2 amended—Duties and Powers.

15.02.040 Section 104.6 Chapter 1-Division 2 amended--Right of Entry.

15.02.050 Section 105 Chapter 1-Division 2 amended—Permits.

15.02.060 Section 105 Chapter 1-Division 2 amended—Permits.

15.02.070 Section 105.3.1 Chapter 1-Division 2 amended—Action on Application for Permits.

15.02.080 Section 105.5 amended—Expiration.

15.02.090 Section 107 Chapter 1-Division 2 amended —Construction Documents.

15.02.100 Section 109 Chapter 1-Division 2 amended—Fees.

15.02.110 Section 110 Chapter 1-Division 2 amended—Inspections.

15.02.120 Section 113 Chapter 1-Division 2 amended—Means of Appeals.

15.02.130 Section 114 Chapter 1-Division 2 amended—Violations.

15.02.140 Section 1403.2 amended—Weather Protection.

15.02.150 Section 1505 amended--General.

15.02.160 Section 1611 amended—Ponding Instability.

15.02.170 Section 1803.2 amended—Investigations Required.

15.02.180 Section 1803.6 amended—Reporting.

15.02.190 Section 1807.1 amended—Foundation Walls.

15.02.200 Section 1907 amended—Concrete Slabs.

15.02.210 Section 3109.1 amended—General.

15.02.220 Section 101.3 Appendix “J” amended—General Fees.

15.02.230 Section 103 Appendix “J” amended—Permits Required.

15.02.240 Section 104.3 Appendix “J” amended—Permit Applications and Submittals Geotechnical Report.
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15.02.250 Section 104.5 Appendix “J” amended—Permit Applications and Submittals Bonds.

15.02.260 Definitions.

15.02.270 Permit requirements.

15.02.010 Adoption.

The rules, regulations and standards, printed and published by the International Code Council and known as the International Building Code, 2021 Edition, with California Amendments as set forth in the 2022 California Building Code (Title 24, Part 2 (Vols. 1 and 2)), copies of which are in the Foster City Library and on file in the office of the City Clerk, (including the appendices G, H, I, J, and L thereto), in this chapter collectively called the Building Code, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained except as otherwise provided in this chapter.

15.02.020 Citation.

The California Building Code adopted in Section 15.02.010 may be cited as the ‘California Building Code’; provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section___________ of the California Building Code as amended by Municipal Code Section__________’.

15.02.030 Section 104.1 Chapter 1-Division 2 amended-- Duties and Powers.

15.02.030 Section 104.1 Chapter 1-Division 2 of the California Building Code is amended to read as follows:

Section 104.1 Chapter 1-Division 2 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. Pursuant to the enforcement of the provisions of this Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate. For such purpose, the Building Official shall have the powers of a law enforcement officer.

To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the Building Official, the Chief Building Official is authorized to require the owner or owner's authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, subject matter expert, or accredited organization acceptable to the Building Official. The Building Official is authorized to require design submittals to be prepared by, and bear the stamp of, a California registered design professional.

15.02.040 Section 104.6 Chapter 1-Division 2 amended--Right of Entry.

15.02.040 Section 104.6 Chapter 1-Division 2 of the California Building Code is amended by adding a second paragraph to read as follows:
‘Authorized Representative’ shall include the officers named in Section 103.3 of this Code.

15.02.050 Section 105.1Chapter 1-Division 2 amended--Permits. 227

15.02.050 Section 105.1 Chapter 1-Division 2 of the California Building Code is amended to add a new Section 105.1.3 to read as follows:

Demolition Permit. Upon compliance, or assurance that there will be future compliance to the satisfaction of the Building Official, with all applicable local, state and federal laws, standards and regulations, including but not limited to provisions of the California Building Code and Regional Air Quality Act, the building official may issue a demolition permit for any structure upon receipt of an application therefor, together with the nonrefundable fee adopted by resolution by the Governing Body to be a reasonable fee for covering the actual costs of processing such an application. The Building Official may require that a building permit or permits and any other necessary approvals be obtained for a project or replacement structure prior to issuing a demolition permit for a structure.

Any person failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor, as further provided in Section 15.02.100 of this code.

15.02.060 Section 105.2 Chapter 1-Division 2 amended--Permits.

15.02.060 Section 105.2 Chapter 1-Division 2 of the California Building Code is amended to read as follows:

Work Exempt from Permit. The Building Official may require a permit for projects which require approval and/or permits by the Community Development Director.
(The rest of Subsection 105.2 Chapter 1-Division 2 to read the same)

15.02.070 Section 105.3.1 Chapter 1-Division 2 amended-- Action on Application for Permit.

15.02.070 Section 105.3.1 Chapter 1-Division 2 of the California Building Code is amended by adding a second paragraph to read as follows:

No permit or approval shall be issued which does not conform to all applicable provisions of this Title and Title 17, including Design Review. The determination of conformance shall be made by the Community Development Director or designated staff members of the Community Development Department.

15.02.080 Section 105.5 amended Expiration.

15.02.080 Section 105.5 of the California Building Code is amended by adding a second paragraph to read as follows:

Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year. 228

15.02.090 Section 107 Chapter 1-Division 2 amended—Construction Documents.

15.02.090 Section 107 of the California Building Code is amended to add a new Section 107.2.9 to read as follows:

Section 107.2.9 Survey: The construction documents submitted with the application for permit shall be accompanied by a site plan, prepared by a licensed civil engineer or land surveyor, showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey.

The survey shall show, at a minimum, existing and proposed topography, existing buildings and structures, all property lines with lengths and bearings, any recorded easements, and any other restrictions or site conditions that may impact the proposed development. This may include structures to be reconstructed on the original footprint of an existing building when the property lines require verification. Only the affected property lines and their relationship to the existing and new construction will have to be verified.

Staking of affected property lines or offset lines may be acceptable as determined by the Chief Building Official or the designee.

A pad certificate prepared by a State licensed Civil Engineer or a State licensed Surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Geotechnical Investigation Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a State licensed Civil Engineer or a State licensed Surveyor for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
For structures greater than 25 feet in building height, written verification certifying the building height including the actual and allowable approved building heights shall be submitted to the project Building Inspector at final inspection. The certification shall be done by a State licensed Surveyor.

15.02.100 Section 109 Chapter 1-Division 2 amended--Fees.

15.02.100 Section 109 Chapter 1-Division 2 of the California Building Code is amended to read as follows:

Section 109 Chapter 1-Division 2 Fees. Fees shall be assessed in accordance with the provisions of this section as set forth in the fee schedule adopted by resolution by the Governing Body.

The determination of value or valuation under any of the provisions of this 229
code shall be made by the Building Official. The Value to be used in computing the building permit and plan review shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other equipment.

Reinspection fees shall be assessed at the discretion of the building official at the adopted fee schedule miscellaneous hourly rate for the reinspection of work that was not ready at the time of inspection and for work that fails inspection two or more times.

Investigation fees, formal determination for change of Occupancy or condominium conversion report, shall be assessed at the discretion of the building official at the adopted fee schedule miscellaneous hourly rate for the investigation of work.

15.02.110 Section 110 Chapter 1-Division 2 amended--Inspections.

15.02.110 Section 110 of the California Building Code is amended to add a new Section 110.7 to read as follows:
110.7 Contractors shall have a qualified employee at the site with plans and permit available at all times during an inspection. If Contractor does not have a qualified employee at the construction site with plans and permits available or they are not ready, or plans and permit card are not present, contractors shall be subject to additional inspection fees, in an amount as set forth in the fee schedule adopted by resolution by the Governing Body.

Requests for duplicate plans or permit shall be subject to duplicate copy fees, in an amount as set forth in the fee schedule adopted by resolution by the Governing Body, and actual costs for new plans or a permit card.

15.02.120 Section 113 Chapter 1-Division 2 amended--Means of Appeals.

15.02.120 Section 113 Chapter 1-Division 2 of the California Building Code is amended to read as follows:

Section 113.1 Chapter 1-Division 2 - In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any 230
investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

15.02.130 Section 114 Chapter 1-Division 2 amended--Violations.

15.02.130 Section 114 Chapter 1-Division 2 of the California Building Code is amended to read as follows:

Section 114.1 Chapter 1-Division 2 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provisions of this code.

It is hereby declared that any violation of this code constitutes a public nuisance, and in addition to any other remedies provided by this code for its enforcement, the administrative authority may bring civil suit to enjoin the violations of any provision of this code.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of up to $1,000 or by imprisonment of not more than six months, or both such fine and imprisonment.
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15.02.140 Section 1404.2 amended—Weather Protection.

15.02.140 Section 1404.2 of the California Building Code is amended by adding a second paragraph to read as follows:

Balconies, landings, exterior stairways, occupied roof and similar surfaces exposed to the weather and sealed underneath shall be waterproofed and sloped a minimum of ¼ unit vertical in 12 units horizontal (2% slope) for drainage.

15.02.150 Section 1505 amended--General.

15.02.150 Section 1505 of the California Building Code is amended to read as follows:

Section 1505.1 General. Roof covering shall be not less than, Class B fire retardant which complies with ASTM E108, UL 790 or ASTM D2898.

Roof coverings shall be securely fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

Subject to the requirements of this chapter, combustible roof coverings and roof insulation may be used in any type of construction. 231
Skylights shall be constructed as required in Section 2405.

Penthouses shall be constructed as required in Section 1511.2.

For the use of plastics in roofs, see Section 2606.4.

For solar energy collectors placed on the roof see Chapter 5.

Approval for changes in roof coverings, material, color, weight shall be made by the Community Development Director or designated staff members of the Community Development Department.

15.02.160 Section 1611.2 amended--Ponding Instability.

15.02.160 Section 1611.2 of the California Building Code is amended by adding a second paragraph to read as follows:
1611.2.1 Water Accumulation. All roofs shall be designed with sufficient slope to assure adequate drainage after long time deflection from dead loads and possible differential foundation subsidence, or shall be designed to support maximum loads including possible ponding of water due to deflection and subsidence. Minimum amount of ponding from subsidence shall be equal to 1/8 inch times the minimum building dimension in feet. See Section 1604 for deflection criteria.

15.02.170 Section 1803.2 amended— Investigations Required.

15.02.170 Section 1803.2 of the California Building Code is amended by adding a second paragraph to read as follows:
1803.2.1. A geotechnical investigation shall be conducted when required by Section 1803.2 of the California Building Code, Foster City Municipal Code, or the Building Official for all new structures, additions to existing structures not exempted by Foster City Municipal Code, or whenever the occupancy classification of a building changes to a higher relative hazard category pursuant to Table 1604.5 of the California Building Code as a result of the proposed work. The Building Official may waive the requirement for a geotechnical investigation for additions to detached one and two-family single story dwellings.

15.02.180 Section 1803.6 amended--Reporting.

15.02.180 Section 1803.6 of the California Building Code is amended to read as follows:
1803.6 #5 Recommendation for foundation type and design criteria including bearing capacity, provisions to minimize differential settlements, provisions for tying adjacent footings together to minimize differential, horizontal or vertical movement in the event of an earthquake, provisions to minimize the effects of expansive soils and the effects of expansive soils and the effects of adjacent loads.

15.02.190 Section 1807.1 amended—Foundation Walls.

15.02.190 Section 1807.1 of the California Building Code is amended by adding a sentence to the first paragraph and a second paragraph to read as follows:
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All footings and foundations shall be designed by an Engineer or Architect licensed to practice in the State of California in accordance with the design criteria established as required by Section 1803 and in accordance with the structural provisions of this code. Footings and foundations may be installed per the criteria of the existing structure with the approval of the Building Official. Provisions to minimize differential settlement shall be included in the design.

Exception: Low ornamental walls and other nonstructural elements not over 3 feet 6 inches in height and which are not considered hazardous by the Building Official and when approval is not required by the Community Development Director.

15.02.200 Section 1907 added--Concrete Slabs.

15.02.200 The California Building Code is amended by adding Section 1907.2 to read as follows:

Section 1907.2 Concrete Slabs. All concrete slab on grade construction for habitable rooms in Group R Occupancies shall be constructed over a moisture barrier. The moisture barrier shall be a four inch thick layer of gravel, two layers of 15 lbs. felt, hot mopped or an equivalent approved membrane, and a 2 inch thick layer of sand. The architect or engineer may submit designs that provide equal or better protection for approval of the Building Official. 1907.2.1 All concrete slab on grade construction for habitable rooms in Group R Occupancies shall have minimum reinforcing equivalent to 6 inch by 6 inch weld wire fabric or better.
1907.2.2 Friction between slabs or foundations and ground shall be determined by a Geotechnical Engineer but in no case shall the coefficient of friction be less than 0.6.

15.02.210 Section 3109.1 amended--General.

15.02.210 The first sentence Section 3109.1 of the California Building Code is amended to read as follows:
3109.1. General. The design and construction of swimming pools, spas and hot tubs shall conform to all applicable provisions of this Title and Title 17, including Design Review, and Chapters 4, 5, 6, and 7 of the 2022 Uniform Swimming Pool, Spa and Hot Tub Code.

15.02.220 Appendix Section J101 amended--General.

15.02.220 Appendix Section J101 of the California Building Code is amended to add Section J101.3 to read as follows:

Appendix Section J101.3 General. Fees shall be assessed in accordance with the provisions of the fee schedule adopted by resolution by the Governing Body. 233

15.02.230 Appendix Section J103.1 amended--Permits Required.

15.02.230 Appendix Section J103.1 of the California Building Code is amended to read as follows:

Appendix Section J103.1 No person shall do any grading without first having obtained a grading permit from the Building Official. Grading exempted from requiring a permit must be approved by the Building Official before any grading is to be started.

15.02.240 Appendix Section J104.3 amended-- Permit Applications and Submittals.

15.02.240 Appendix Section J104.3 of the California Building Code is amended to read as follows:

Appendix Section J104.3 Geotechnical Report. A preliminary geotechnical investigation shall be made to determine structural stability of the site for the proposed use. It may be necessary to extend the investigation beyond site boundaries in order to evaluate surface and/or subsurface investigation and analyses sufficient to evaluate the site’s potential for liquefaction and related ground failure.

The geotechnical report required by Section 1803.6 shall include data regarding the nature, distribution and physical properties of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading and comply with the provisions of Section 1803.6 where applicable to the proposed grading.

The geotechnical investigation report required by Section 1803.6 of this Chapter shall provide recommendations to minimize the potential damage to structures from total and differential settlement, consolidation, and secondary compression, and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented.

The geotechnical investigation report required by Section 1803.6 of this Chapter shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re-compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility connections, hanging underslab utilities, hinges slabs at building/ flatwork transitions.

15.02.250 Appendix Section J104 amended—Permit Applications and Submittals

15.02.250 Appendix Section J104 of the California Building Code is amended to add a new Section J104.5 to read as follows:
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J104.5 Bonds. The Building Official may 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 or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The City Engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.

15.02.260 Definitions.

Whenever any of the following names or terms is used in the California Building Code or the Foster City Municipal Code, such name or term shall have the following meaning:
“Accessory building” means a detached subordinate building, the use of which is appropriate, and customarily incidental to that of the main building or to the main use of the land, and which is located on the same lot with the main building or use. “Approved testing laboratory” means a laboratory that has been approved by the Environmental Protection agency (EPA) or other recognized agencies for the testing of wood-burning appliances.
“Bedroom” means a bedroom or room designed for sleeping purposes which shall be a minimum of seventy square feet and shall be not less than seven feet in any direction. A study, sewing room, sitting room, office, den, or similar room shall be considered a bedroom or room designed for sleeping purposes if it contains a closet, alcove, indentation, or wing wall which creates an area greater than twelve inches in depth. “Catalytic” means a wood-burning appliance equipped with a device coated with platinum, palladium, or other rare metal located in the combustion chamber of a wood-burning appliance designed to cause relatively complete combustion at lower-than-normal temperatures.
“City” means the city of Foster City.
“City council” means the city council of the city of Foster City. “EPA” means the United States Environmental Protection Agency. “EPA-certified wood heater” means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA of the Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations and includes EPA-certified wood heater inserts.
“EPA Phase II limits” means 7.5 grams particulate per hour for noncatalytic wood-burning appliances or 4.1 grams particulate per hour for catalytic wood-burning appliances. 235
“Fireplace” means any permanently installed masonry or factory-built wood-burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five to one.
“Gas fireplace” means any device designed to burn natural gas or propane having the appearance of a wooden log and used and vented inside a fireplace. “Kitchen” means any room used, intended, or designed to be used for cooking and preparing of food. Rooms which contain appliances or equipment such as microwaves, ovens, gas or electric cook tops, or electric ovens, toaster ovens and similar appliances shall constitute a room or area, intended, or designed as a kitchen. “Masonry fireplace” means a fire chamber of solid masonry units such as bricks or stones, or masonry units constructed on a foundation and provided with a suitable chimney. “New construction” means the construction of new structures and new additions to existing structures.
“Pellet-fueled wood heater” means any wood heater that operates on wood pellets. “Standard Window” means Window Standard Sizes as published by the Window and Door Manufacturers Association (WDMA).
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. “Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the assessed value of the structure before the damage occurred.
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“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty (50) percent of the assessed value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include a project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local building official and which are the minimum necessary to assure safe living conditions

15.02.270 Permit requirements.

A. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, keep, maintain, or demolish a building or structure or make any installation, alteration, or improvement to the electrical, plumbing, or mechanical system within, on, or serving a building or a parcel, or cause the same to be done, without first obtaining the prescribed permits for each such building, structure or electrical, plumbing, or mechanical system from the building official.

B. No person, firm, or corporation shall install, construct, alter or repair in any new or existing residential structure, accessory building, garage, barn, stable, hotel, motel, bed and breakfast, commercial or industrial building or additions to the foregoing, any wood-burning fire-place, stove or appliance, with the following exceptions:

1. A pellet-fueled wood heater;

2. An EPA-certified wood appliance;

3. A fireplace certified by EPA, should EPA develop a fireplace certification program;

4. A masonry fireplace;

5. Appliances which are specifically designed for food preparation; and

6. Gas fireplaces.”
Section 3. REPEALING AND REPLACING CHAPTER 15.04 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.04, “Residential Code,” within Title 15, “Buildings and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.04

RESIDENTIAL CODE
Sections:

15.04.010 Adoption.

15.04.020 Citation.
237

15.04.030 Section R104.1 Chapter 1-Division 2 amended—Duties and Powers

15.04.040 Section R104.6 Chapter 1-Division 2 amended—Right of Entry.

15.04.050 Section R105.1.1 Chapter 1-Division 2 amended—Permits.

15.04.060 Section R105 Chapter 1-Division 2 amended—Permits.

15.04.070 Section R105.3.1 Chapter 1-Division 2 amended—Action on Application

15.04.080 Section R105.5 amended—Expiration

15.04.090 Section R108 Chapter 1-Division 2 amended—Fees.

15.04.100 Section R109 Chapter 1-Division 2 amended—Inspections

15.04.110 Section R112 Chapter 1-Division 2 amended—Means of Appeals.

15.04.120 Section R113 Chapter 1-Division 2 amended—Violations

15.04.130 Section R341 amended added—Encroachments into the Public Right of Way.

15.04.140 Section R342 amended added—Safeguards During Construction.

15.04.150 Section R401.4 amended—Soil Tests.

15.04.160 Section R403.1 amended—Footings

15.04.170 Section R404.1 amended—Foundation Walls General.

15.04.180 Section R406.2.1 amended—Concrete Slabs.

15.04.190 Section R903.1 amended—Weather Protection

15.04.200 Section R905 amended—Roof Covering Application.

15.04.210 Definitions.

15.04.010 Adoption.

The rules, regulations and standards, printed and published by the International Code Council and known as the International Residential Code, 2021 Edition, with California Amendments as set forth in the 2022 California Residential Code (Title 24, Part 2.5), copies of which are in the Foster City Library and on file in the office of the City Clerk, (including the appendix AH thereto), in this chapter collectively called the Residential Code, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained except as otherwise provided in this chapter.

15.04.020 Citation.

The California Residential Code adopted in Section 15.04.010 may be cited as the ‘California Residential Code’; provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section___________ of the California Residential Code as amended by Municipal Code Section__________’.

15.04.030 Section R104.1 Chapter 1-Division 2 amended-- Duties and Powers.

15.04.030 Section R104.1 Chapter 1-Division 2 of the California Residential Code is amended to read as follows:

Section R104.1 Chapter 1-Division 2 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. Pursuant to the enforcement of the provisions of this Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate. For such purpose, the Building Official shall have the powers of a law enforcement officer.

15.04.040 Section R104.6 Chapter 1-Division 2 amended--Right of Entry. 238

15.04.040 Section R104.6 Chapter 1-Division 2 of the California Residential Code is amended by adding a second paragraph to read as follows:
‘Authorized Representative’ shall include the officers named in Section R103.3 of this Code.

15.04.050 Section R105.1.1 Chapter 1-Division 2 amended--Permits.

15.04.050 Section R105.1.1 of the California Residential Code is amended to add a new Section R105.1.1 to read as follows:

Demolition Permit. Upon compliance, or assurance that there will be future compliance to the satisfaction of the Building Official, with all applicable local, state and federal laws, standards and regulations, including but not limited to provisions of the California Residential Code and Regional Air Quality Act, the building official may issue a demolition permit for any structure upon receipt of an application therefor, together with the nonrefundable fee adopted by resolution by the Governing Body to be a reasonable fee for covering the actual costs of processing such an application. The Building Official may require that a building permit or permits and any other necessary approvals be obtained for a project or replacement structure prior to issuing a demolition permit for a structure.

Any person failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor, as further provided in Section 15.04.100 of this code.

15.04.060 Section R105.2 Chapter 1-Division 2 amended--Permits.

15.04.060 Section R105.2 Chapter 1-Division 2 of the California Residential Code is amended to read as follows:

15.04.070 Section R105.3.1 Chapter 1-Division 2 amended-- Action on Application for Permit.

15.04.070 Section R105.3.1 Chapter 1-Division 2 of the California Residential Code is amended by adding a second paragraph to read as follows:

15.04.080 Section R105.5 amended--Expiration.
239

15.04.080 Section R105.5 of the California Residential Code is amended by adding a second paragraph to read as follows:

15.04.090 Section R108 Chapter 1-Division 2 amended--Fees.

15.04.090 Section R108 Chapter 1-Division 2 of the California Residential Code is amended to read as follows:

Section R108 Chapter 1-Division 2 Fees. Fees shall be assessed in accordance with the provisions of this section as set forth in the fee schedule adopted by resolution by the Governing Body.

The determination of value or valuation under any of the provisions of this code shall be made by the Building Official. The Value to be used in computing the building permit and plan review shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other equipment.

Investigation fees shall be assessed at the discretion of the building official at the adopted fee schedule miscellaneous hourly rate for the investigation of work.

15.04.100 Section R109 Chapter 1-Division 2 amended--Inspections.

15.04.100 Section R109 of the California Residential Code is amended to add a new Section R109.5 to read as follows:

R109.5 Contractors shall have a qualified employee at the site with plans and permit available at all times during an inspection. If Contractor does not have a qualified employee at the construction site with plans and permits available or they are not ready, or plans and permit card are not present, contractors shall be subject to additional inspection fees, in an amount as set forth in the fee schedule adopted by resolution by the Governing Body.

15.04.110 Section R112 Chapter 1-Division 2 amended--Board of Appeals.

15.04.110 Section R112 Chapter 1-Division 2 of the California Residential Code is amended to read as follows:

Section R112.1 Chapter 1-Division 2 – In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

15.04.120 Section R113 Chapter 1-Division 2 amended--Violations.

15.04.120 Section R113 Chapter 1-Division 2 of the California Residential Code is amended to read as follows:

Section R113.1 Chapter 1-Division 2 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provisions of this code.

15.04.130 Section R341 added - Encroachments into the Public Right of Way.

15.04.130 Chapter 3 of the California Residential Code is amended by adding a new Subsection R341 to read as follows:

R341. Encroachments into the Public Right of Way. Encroachments into the public right of way shall comply with the standards of Chapter 32 of the 241
California Building Code.

15.04.140 Section R342 added - Safeguards During Construction

15.04.140 Chapter 3 of the California Residential Code is amended by adding a new Subsection R342 to read as follows:

R342. Safeguards During Construction. Provisions for pedestrian safety during construction and the protection of adjacent public and private properties shall be governed by the requirements of Chapter 33 of the California Building Code.

15.04.150 Section R401.4 amended—Soil Tests.

15.04.150 Section R401.4 of the California Residential Code is amended by adding additional paragraphs to read as follows:

A geotechnical investigation shall be conducted when required by Section R401.1.1.1 of the California Residential Code, Foster City Municipal Code, or the Building Official for all new structures, additions to existing structures not exempted by Foster City Municipal Code, or whenever the occupancy classification of a building changes to a higher relative hazard category pursuant to Table 1604.5 of the California Building Code as a result of the proposed work. The Building Official may waive the requirement for a geotechnical investigation for additions to detached one and two-family single story dwellings.

Recommendation for foundation type and design criteria including bearing capacity, provisions to minimize differential settlements, provisions for tying adjacent footings together to minimize differential, horizontal or vertical movement in the event of an earthquake, provisions to minimize the effects of expansive soils and the effects of expansive soils and the effects of adjacent loads. The geotechnical investigation report shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. Prior to approval of the plans, a stamped and signed letter from the project engineer shall be provided to Building Inspection stating that the approved recommended action of the soil report has been incorporated into the design of each dwelling.

For one or two story single-family or duplex residences, and similar small structures, the soils engineering report required by Section R401.4 shall include data based upon criteria of Seismic Zone: E with a soil bearing pressure of 1,200 psf.

15.04.160 Section R403.1 amended--Footings.

15.04.160 Section R403.1 of the California Residential Code is amended by adding a second paragraph to read as follows:

All footings and foundations shall be designed by an Engineer or Architect licensed to practice in the State of California in accordance with the design criteria established as required by Section 403 and in accordance with the structural provisions of this code. Footings and foundations may be installed 242
per the criteria of the existing structure with the approval of the Building Official. Provisions to minimize differential settlement shall be included in the design.

15.04.170 Section R404.1 amended—Foundation Walls.

15.04.170 Section R404.1 of the California Residential Code is amended by adding a second paragraph to read as follows:

15.04.180 Section R406.2.1 added--Concrete Slabs.

15.04.180 The California Residential Code is amended by adding Section R406.2.1 to read as follows:

Section R406.2.1 Concrete Slabs. All concrete slab on grade construction for habitable rooms in Group R Occupancies shall be constructed over a moisture barrier. The moisture barrier shall be a four inch thick layer of gravel, two layers of 15 lbs. felt, hot mopped or an equivalent approved membrane, and a 2 inch thick layer of sand. The architect or engineer may submit designs that provide equal or better protection for approval of the Building Official.

R406.2.1.1 All concrete slab on grade construction for habitable rooms in Group R Occupancies shall have minimum reinforcing equivalent to 6 inch by 6 inch weld wire fabric or better.

R406.2.1.2 Friction between slabs or foundations and ground shall be determined by a soils engineer but in no case shall the coefficient of friction be less than 0.6.

15.04.190 Section R903.1 amended—Weather Protection.

15.04.190 Section R903.1 of the California Residential Code is amended by adding second and third paragraphs to read as follows:

All roofs shall be designed with sufficient slope to assure adequate drainage after long time deflection from dead loads and possible differential foundation subsidence, or shall be designed to support maximum loads including possible ponding of water due to deflection and subsidence. Minimum amount of ponding from subsidence shall be equal to 1/8 inch times the minimum building dimension in feet. See Section R301 for deflection criteria.

15.04.200 Section R905.1 amended—Roof Covering Application.

15.04.200 Section R905.1 of the California Residential Code is amended to read as follows:
243
Section R905.1 Roof Covering Application. Roof covering shall be not less than, Class B fire retardant which complies with ASTM E108, UL 790 or ASTM D2898.

Roof coverings shall be securely fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

Subject to the requirements of this chapter, combustible roof coverings and roof insulation may be used in any type of construction.

Skylights shall be constructed as required in Section R308.6 and Section R337.8.

For Solar energy collectors placed on the roof see Section R907.

Approval for changes in roof coverings, material, color, weight shall be made by the Community Development Director or designated staff members of the Community Development Department.

15.04.210—Definitions.

15.04.210 Definitions are found in Chapter 15.02.260 Definitions.” Section 4. REPEALING AND REPLACING CHAPTER 15.06 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.06, “Existing Building Code,” within Title 15 of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.06

EXISTING BUILDING CODE
Sections:

15.06.010 Adoption.

15.06.020 Citation.

15.06.030 Section 104.1 amended--Duties and Powers

15.06.040 Section 104.6 amended--Right of Entry.

15.06.050 Section 105 amended--Permits.

15.06.060 Section 105.3.1 amended—Action on Application.

15.03.070 Section 108 amended--Fees.

15.06.080 Section 112 amended--Means of Appeals.

15.06.090 Section 113 amended--Violations

15.06.100 Section 302.2 amended—General Provisions

15.06.110 Section 302.7 amended—General Provisions

15.06.120 Section 409 amended added – Private Swimming Pool Maintenance.

15.06.130 Definitions.

15.06.010 Adoption.

The rules, regulations and standards, printed and published by the International Code 244
Council and known as the International Existing Building Code, 2021 Edition, with California Amendments as set forth in the 2022 California Existing Building Code (Title 24, Part 10), copies of which are in the Foster City Library and on file in the office of the City Clerk, (including the appendix A thereto), in this chapter collectively called the Existing Building Code, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained except as otherwise provided in this chapter.

15.06.020 Citation.

The California Existing Building Code adopted in Section 15.06.010 may be cited as the ‘California Existing Building Code’; provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section___________ of the California Building Code as amended by Municipal Code Section__________’.

15.06.030 Section 104.1 amended--Duties and Powers.

15.06.030 Section 104.1 of the California Existing Building Code is amended to read as follows:

Section 104.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. Pursuant to the enforcement of the provisions of this Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate. For such purpose, the Building Official shall have the powers of a law enforcement officer.

15.06.040 Section 104.6 amended--Right of Entry.

15.06.040 Section 104.6 of the California Existing Building Code is amended by adding a second paragraph to read as follows:
‘Authorized Representative’ shall include the officers named in Section 103.3 of this Code.

15.06.050 Section 105.2 amended--Permits.

15.06.050 Section 105.2 of the California Existing Building Code is amended to read as follows:

15.06.060 Section 105.3.1 amended--Permit Issuance.

15.06.060 Section 105.3.1 of the California Existing Building Code is amended by adding a second paragraph to read as follows:

15.06.070 Section 108 amended--Fees.

15.06.070 Section 108 of the California Existing Building Code is amended to read as follows:

Section 108 Fees. Fees shall be assessed in accordance with the provisions of this section as set forth in the fee schedule adopted by resolution by the Governing Body.

15.06.080 Section 112 amended--Means of Appeals.

15.06.080 Section 112 of the California Existing Building Code is amended to read as follows:

Section 112.1. In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

15.06.090 Section 113 Chapter 1-Division 2 amended--Violations.

15.06.090 Section 113 of the California Existing Building Code is amended to read as follows:

Section 113.1. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any provisions of this code.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during 246
which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of up to $1,000or by imprisonment of not more than six months , or both such fine and imprisonment.

15.06.100 Section 302.3 amended—General Provisions.

15.06.100 Section 302.3 of the California Existing Building Code is amended to read as follows:

Alterations, repairs, additions and changes of occupancy to existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy, respectively, in this code and the California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Residential Code, California Electrical Code and the California Green Building Standards Code. Where provisions of the other codes conflict with provisions of this code, the provisions of the other codes shall take precedence.

15.06.110 Section 302.6 amended—General Provisions.

15.06.110 Section 302 of the California Existing Building Code is amended by adding Subsection 302.6 to read as follows:

All building material, construction equipment, excavation material and debris must be maintained in a safe and sanitary condition. Unless waived by the Building Official, such material shall be located behind the required front yard setback requirements and the rear or side yard setback requirements when facing waterways.

Prior to or after commencement of construction, the Building Official may require a protective barrier such as a fence, barricade or other structure for the protection of the public around and in conjunction with any construction work. The design, construction, location, and materials used shall be approved by the Building Official prior to installation. The barrier shall be removed before receiving a Certificate of Occupancy.

15.06.120 Section 409 added – Private Swimming Pool Maintenance.

15.06.120 Chapter 4, “Repairs” of the California Existing Building Code is amended by adding Subsection 409 to read as follows:
409 Private Swimming Pool Maintenance.

General. All private swimming pools, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition. All devices or safeguards required by the 2022 California Residential Code, 2022 California Building Code, or the Swimming Pool Safety Act as adopted and amended by the City of Foster City, shall be maintained in conformance with the Code edition under which installed. The owner or the owner's designated agent shall be responsible for maintenance of plumbing systems. To determine compliance with this subsection, the Chief Building Official may cause private swimming pools to be re-inspected.

A private swimming pool, pond or other body of water which is abandoned, 247
unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted.
"Polluted water" means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition.

The owner, controlling, operating or managing party, lessee, agent, person, or entity in lawful charge or possession of the property. An entity, corporation, partnership or limited partnership is a responsible party when it performs any of the functions described in this section relating to real property.

Any private swimming pool or other outdoor body of water maintained in violation of any of the enclosure requirements contained in 2022 California Residential Code, 2022 California Building Code, or the Swimming Pool Safety Act is deemed unsafe.

15.06.130—Definitions.

Definitions are found in Chapter 15.02.260 Definitions.” Section 5. REPEALING AND REPLACING CHAPTER 15.08 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.08, “Mechanical Code,” within Title 15, “Buildings and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.08

MECHANICAL CODE
Sections:

15.08.010 Adoption.

15.08.020 Citation.

15.08.030 Section 103.1 Chapter 1-Division 2 amended--General.

15.08.040 Section 103.4 Chapter 1-Division 2 amended--Right of entry.

15.08.050 Section 104.5 Chapter 1-Division 2 amended--Fees.

15.08.060 Section 106 Chapter 1-Division 2 amended--Violations and penalties.

15.08.070 Section 106.3 Chapter 1-Division 2 amended--Penalties.

15.08.080 Section 107 Chapter 1-Division 2 amended--Board of appeals.

15.08.090 Section 303.13 amended—General.

15.08.100 Section 303.14 amended--Installation.

15.08.010 Adoption.

The rules, regulations and standards, printed and published by the International Association of Plumbing and Mechanical Officials and known as the Uniform Mechanical Code, 2021 Edition, with California amendments as set forth in the 2022 California Mechanical Code (Title 24, Part 4), copies of which are in the Foster City Library and on file 248
in the office of the City Clerk (including the appendices B,C,D,G and H thereto), in this chapter collectively called the Mechanical Code, are adopted as and for the rules, regulations and standards within this City as to all matters therein contained except as otherwise provided in this chapter.

15.08.020 Citation.

The California Mechanical Code adopted in Section 15.08.010 may be cited as the ‘California Mechanical Code’, provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section______ of the California Mechanical Code as amended by the Municipal Code Section______’.

15.08.030 Section 103.1 Chapter 1-Division 2 amended--General.

15.08.030 The first paragraph of Section 103.1 of the California Mechanical Code is amended to read as follows:

Section 103.1 Chapter 1-Division 2 General. The Authority Having Jurisdiction’ shall be the Building Official and is hereby authorized and directed to enforce all provisions of this Code. Pursuant to the enforcement of the provisions of the Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate.

15.08.040 Section 103.4 Chapter 1-Division 2 amended--Right of Entry.

15.08.040 Section 103.4 Chapter 1-Division 2 of the California Mechanical Code is amended by adding a third paragraph to read as follows:
‘Authority Having Jurisdiction’ shall include the officers named in Section 103.1 of this Code.

15.08.050 Section 104.5 Chapter 1-Division 2 amended--Fees.

15.08.050 Section 104.5 Chapter 1-Division 2 General of the California Mechanical Code is amended to read as follows:

Section 104.5 Chapter 1-Division 2 General. Fee shall be assessed in accordance with the provisions of this section as set forth in the fee schedule adopted by resolution by the City Council.

To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or mechanical systems subject to inspection by the Chief Building Official, the Chief Building Official is authorized to require the owner or owner's authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified mechanical engineer, subject matter expert, or accredited organization acceptable to the Chief Building Official. The Chief Building Official is authorized to require design submittals to be prepared by, and bear the stamp of, a California registered design professional.

15.08.060 Section 106 Chapter 1-Division 2 amended—Violations.

15.08.060 Section 106.1 Chapter 1-Division 2 of the California Mechanical Code is amended to read as follows:
249
Section 106 Chapter 1-Division 2. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

15.08.070 Section 106.3 Chapter 1-Division 2 amended--Penalties.

15.08.070 Section 106.3 Chapter 1-Division 2 of the California Mechanical Code is amended to read as follows:

Section 106.3 Penalties. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of up to $1,000.00 or by imprisonment of not more than six months, or both such fine and imprisonment.

15.08.080 Section 107 Chapter 1-Division 2 amended--Board of Appeals.

15.08.080 Section 107 Chapter 1-Division 2 of the California Mechanical Code is amended to read as follows:

Section 107 Chapter 1-Division 2. In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

15.08.090 Section 303 General.

15.08.090 Section 303 of the California Mechanical Code is amended by adding Subsection 303.13 to read as follows:

Section 303.13 Equipment in Ceilings. All mechanical equipment and accessory equipment installed in a dropped ceiling assembly shall be supported by the building structure and not the dropped ceiling assembly. 250

15.08.100 Section 303 amended--Installation.

15.08.100 Section 303 of the California Mechanical Code is amended by adding Subsection 303.14 to read as follows:
303.14 Metallic Materials Location. No metallic piping or ducts shall be located underground, unless in a chase or other method approved by the Building Official.”
Section 6. REPEALING AND REPLACING CHAPTER 15.16 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.16, “Plumbing Code,” WITHIN Title 15, “Buildings and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.16

PLUMBING CODE
Sections:

15.16.010 Adoption.

15.16.020 Citation.

15.16.030 Section 102.1 Chapter 1-Division 2 amended--Authority Having Jurisdiction

15.16.040 Section 106.1 Chapter 1-Division 2 amended--Violation and Penalties.

15.16.050 Section 104 Chapter 1-Division 2 amended--Permits and Inspections.

15.16.060 Section 104.5Chapter 1-Division 2 amended--Fees.

15.16.070 Section 107 Chapter 1-Division 2 amended--Board of Appeals.

15.16.080 Section 205 amended--Definition of terms C.

15.16.090 Section 208 amended--Definition of terms F.

15.16.100 Section 301 amended--Materials.

15.16.110 Section 315 amended—Joints and Connections.

15.16.120 Section 507 amended--Protection from Damage.

15.16.130 Section 703 amended--Size of drain piping.

15.16.140 Section 704 amended--Fixture connections.

15.16.150 Section 707 amended--Cleanouts.

15.16.160 Section 811 amended--Chemical wastes.

15.16.170 Section 908 amended--Vertical Wet Venting.

15.16.010 Adoption.

The rules, regulations and standards, printed and published by the International Association of Plumbing and Mechanical Officials known as the Uniform Plumbing Code, 2021 Edition, with California amendments as set forth in the 2022 California Plumbing Code (Title 24, Part 5), copies of which are in the Foster City Library and on file in the office of the City Clerk (including the appendices A,B, C,D, G, I, J,K, M thereto), in this chapter collectively called the Plumbing Code, are adopted as and for the rules, regulations and standards within this City as to all matters therein contained except as otherwise provided in this chapter.

15.16.020 Citation.
251
The California Plumbing Code adopted in Section 15.08.010 may be cited as the ‘California Plumbing Code’, provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section______ of the California Plumbing Code as amended by the Municipal Code Section______’.

15.16.030 Section 103.1 Chapter 1-Division 2 amended—Authority Having Jurisdiction.

15.16.030 The first paragraph of Section 103.1 Chapter 1-Division 2 of the California Plumbing Code is amended to read as follows:

Section 103.1 Chapter 1-Division 2 Authority Having Jurisdiction. The Authority Having Jurisdiction shall be the Building Official and is hereby authorized and directed to enforce all provisions of this Code. Pursuant to the enforcement of the provisions of the Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate.

15.16.040 Section 106.1 Chapter 1-Division 2 amended--Violations and Penalties.

15.16.040 Section 106.1 Chapter 1-Division 2 of the California Plumbing Code is amended to read as follows:

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of up to $1,000.00 or by imprisonment of not more than six months, or both such fine and imprisonment.

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful.

The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of the Code or of any other Ordinance or from revoking any certificate of approval when issued in error.

Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within sixty (60) days from date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced, a 252
new permit shall be first obtained to do so, and the fee therefor shall be one- half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year.

15.16.050 Section 104.0 Chapter 1-Division 2 amended--Permits and Inspections.

15.16.050 Section 104.0 Chapter 1-Division 2 of the California Plumbing Code is amended by adding Subsections 104.2(3) and 104.2(4) to read as follows:
104.2(3) No permit shall be required for repairs done by a residential homeowner when the materials (normally or usually) cost $25.00 or less. 104.2(4) No permit shall be required for repairs done by a licensed contractor when the materials (normally or usually) cost $25.00 or less.

15.16.060 Section 104.5 Chapter 1-Division 2 amended--Permit fees.

15.16.060 Section 104.5 Chapter 1-Division 2 of the California Plumbing Code is amended by adding a second paragraph to read as follows:

Fees shall be assessed in accordance with the provisions of this section as set forth in the Schedule of Fees or as set forth in the fee schedule adopted by resolution by the City Council.

To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or plumbing systems subject to inspection by the Chief Building Official, the Chief Building Official is authorized to require the owner or owner's authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified mechanical engineer, subject matter expert, or accredited organization acceptable to the Chief Building Official. The Chief Building Official is authorized to require design submittals to be prepared by, and bear the stamp of, a California registered design professional.

15.16.070 Section 107 Chapter 1-Division 2 amended--Board of Appeals.

15.16.070 Section 107 Chapter 1-Division 2 of the California Plumbing Code is added to read as follows:

Section 107 Chapter 1-Division 2 In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing 253
to the Building Official with a duplicate copy to the appellant and may recommend to the Governing Body such new legislation as is consistent therewith.

15.16.080 Section 205 amended--Definition of terms C.

15.16.080 Section 205 of the California Plumbing Code is amended by adding the definition of Condensate Waste as follows:

Condensate Waste-- Waste water caused by the formation of moisture on the outside of coils or other surfaces.

15.16.090 Section 208 amended--Definition of terms F.

15.16.090 Section 208 of the California Plumbing Code is amended by adding the definition of First Floor as follows:

First Floor--The first floor is the ground floor, or slab floor above the garage, basement, or crawl space.

15.16.100 Section 301 amended--Materials.

15.16.100 Section 301 of the California Plumbing Code is amended by adding Subsection 301.8 to read as follows:

Section 301.8 No metallic piping, and the appurtenances thereto, shall be located in contact with soil, unless in a chase and with the approval of the Building Official.

15.16.110 Section 315 amended—Joints and Connections.

15.16.110 Section 315 of the California Plumbing Code is amended by adding Subsection 315.3 to read as follows:

Section 315.3 All connections between ferrous and nonferrous pipe shall be made with a six-inch red brass nipple or a dielectric union.

15.16.120 Section 507 amended--Protection from damage.

15.16.120 Section 507 of the California Plumbing Code is amended by adding Subsections 507.14.3 and 507.5.1 to read as follows:
507.14.3 Fuel burning appliances shall not be installed within private garages constructed in conjunction with any Group H or I Occupancy. Any wall common to the equipment space and the private garage shall meet the fire resistive requirements as specified in Table 508.4 of the California Building Code between the major occupancy and that garage.
507.5.1 Water heaters shall have safety pans with drains when located in living areas or when leakage would do damage to the building or its contents.

The pans shall be of metal or other material approved by the Building Official and be of such dimension as to provide a minimum of 2 inches clearance between the pan and the outside diameter of the heater with a depth of 3 inches. The drain shall not be less than 3/4 inches. The drain shall be extended to the exterior of the building with a down angle terminating between 6 inches and 24 inches of grade.
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612-Residential Fire Sprinkler System

15.16.130 Section 703 amended--Size of drainage piping.

15.16.130 Section 703 of the California Plumbing Code is amended by adding a paragraph to section 703.2 to read as follows:

All horizontal drainage piping below the first floor, receiving the discharge of water closets, shall be not less than four (4) inches in diameter, except that additions to or remodeling of, existing system may be installed in accordance with Table 703.2.

15.16.140 Section 704 amended--Fixture connections (Drainage).

15.16.140 Section 704 of the California Plumbing Code is amended by adding Subsection 704.4 to read as follows:

Section 704.4 Two fixtures set back to back shall be limited to those fixtures serving only one residence. No back to back fixtures from a common soil line shall penetrate either a property line or a unit separation wall. A unit separation wall as defined in this paragraph shall mean a common wall between two apartments, two condominiums or two townhouses.

15.16.150 Section 707 amended--Cleanouts.

15.16.150 Section 707 of the California Plumbing Code is amended by adding Subsection 707.15 to read as follows:

Section 707.15 When a main sewer is located in the street, alley or easement, there must be provided a cleanout brought up flush with sidewalk level back of sidewalk, and, if no curb or sidewalk exist, then the cleanout must be located inside of the lot line. Riser shall be of approved material, minimum size of 4 inches, brought up to the level of the ground by a wye and branch fittings, and top of same to be provided with a regulation cleanout. If the sidewalk space mentioned is entirely concrete, then a cast iron sidewalk box, with loose cover fitted with brass screws, shall be installed. The minimum size for a cleanout plug shall be 4 inches.

15.16.160 Section 811 amended--Chemical wastes.

15.16.160 Section 811 of the California Plumbing Code is amended by adding Subsections 811.9 through 811.18 to correspond with Sections 170 through 179, inclusive, of Ordinance No 46 of the Estero Municipal Improvement District, copies of the ordinance are on file with the City Clerk.

Section 811 of the California Plumbing Code is amended by adding Subsection 811.1.2 to read as follows:

Section 811.1.2 Chemical waste having an NFPA health, flammability or reactivity rating of 3 or 4 shall have a secondary receptor as required in the California Mechanical Code §1406.2.1.3 and §1406.2.1.4

15.16.170 Section 908 amended--Vertical Wet Venting.

15.16.170 Section 908 of the California Plumbing Code is amended by adding a new Subsection 908.3 to read as follows:
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Section 908.3 Wet venting, vertical or horizontal, is allowed only with approval of the Building Official.”
Section 7. REPEALING AND REPLACING CHAPTER 15.20 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.20, “Electrical Code,” within Title 15 “Buildings and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.20

ELECTRICAL CODE
Sections:

15.20.010 Adoption.

15.20.020 Citation.

15.20.030 Conformance required.

15.20.040 Section 80.13 Annex H amended-Authority-General.

15.20.050 Section 80.13 Annex H amended-Authority-Duties.

15.20.060 Section 80.23 subsection (3) Annex H amended-Violations.

15.20.070 Section 80.13 (1) Annex H amended-Authority-Interpretations.

15.20.080 Section 80.13 Annex H amended-Authority-Contractor. Prerequisite.

15.20.090 Section 80.13 Annex H amended-Authority-Defective Work.

15.20.100 Section 80.21 Annex H amended-Plans and Specifications.

15.20.110 Section 80.19 (F) Annex H amended-Permit Issuance.

15.20.120 Section 80.19 (E) Annex H amended-Fees.

15.20.130 Article 100 amended-Definitions.

15.20.140 Article 110-2 amended-Approval.

15.20.150 Article 110-3 (B) amended-Installation and Use.

15.20.160 Article 250-52 (A)5 amended-Rod and Pipe Electrodes.

15.20.170 Article 300-6 amended-Protect Against Corrosion.

15.20.180 Article 410-36B amended-Suspended Ceilings.

15.20.010 Adoption.

The code of rules and regulations known and designated as the National Electrical Code, 2021 Edition, and the appendices printed therein, as published by the National Fire Protection Association, with California amendments as set forth in the 2022 California Electrical Code (Title 24, Part 3), copies of which are in the Foster City Library and on file with the city clerk, (including appendices B, C, H, and I), in this chapter collectively called the Electrical Code, are adopted as and for the rules, regulations and standards within this City as to all matters therein contained except as otherwise provided in this chapter.

15.20.020 Citation.

The California Electrical Code adopted in Section 15.20.010 may be cited as the ‘California Electrical Code’; provided, however, that when any section thereof is amended by anything contained in this chapter, citations to such section shall be made to ‘Section__________ of the California Electrical Code as amended by Municipal Code Section__________’. 256

15.20.030 Conformance required.

15.20.030 All electrical work in or on any building or other structure, pumping plant, exterior electrical wiring on private property, or similar installations shall be in conformity to the requirements set forth in this chapter and in the California Electrical Code, 2022 Edition, as published by the National Fire Protection Association, and said Code shall become the electrical code of the City.

15.20.040 Section 80.13(1) Annex H amended—Authority - General.

15.20.040 Section 80.13(1) Annex H of the California Electrical Code is amended to read as follows:
(1) The Authority Having Jurisdiction shall be the Building Official and is hereby authorized and directed to enforce all provisions of this Code.

Pursuant to the enforcement of the provisions of the Code, the Building Official may make reasonable interpretations based on studies and investigations deemed appropriate.

When the California Electrical Code or this chapter refers to “electrical inspector”, this means the Building Official, deputies and/or duly appointed assistants.

15.20.050 Section 80.13 Annex H amended—Authority - Duties.

15.20.050 Section 80.13 Annex H of the California Electrical Code is amended by inserting a new Subsection (17) to read as follows:
(17) The Building Official or the Building Official’s authorized representative shall require, examine and review plans and specifications, drawings, descriptions and/or information submitted by any person applying for a permit and upon approval thereof may issue the permit applied for. The Building Official or the Building Official’s authorized representative shall inspect all work authorized by the permit, for the purpose of determining whether or not such work complies with the provision of the California Electrical Code or amendments made thereof by Municipal Code, approving or condemning the same in whole or in part, as the conditions require. They shall sign-off any work approved of or condemned by them, such sign-off when approved being authorization to cover, conceal or use thereof, as the case may be. When the sign-off is disapproved, they shall order such changes in workmanship and/or material to be made to conform to the provisions of the California Electrical Code or amendments made thereto.

Whenever the Building Official or the Building Official’s authorized representative finds any building, premises or part thereof in or on which there is being maintained an electrical system and/or electrical work is being installed in violation of the California Electrical Code or amendments made thereto, it shall be their duty to notify in writing the owner, agent or person responsible for the premises in which such conditions exists, or in which such work is being done, or has been done; that they must correct such conditions.

Such work shall be removed and reinstalled, as the case may be. If this notice is not complied with within said specified time, the Building Official or the Building Official’s authorized representative is authorized to order the discontinuance of electric service.
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It is unlawful to energize or cause or permit to be energized any electrical wiring coming under the provisions of the California Electrical Code or amendments made thereto, until such electrical wiring has been inspected and signed off as approved in writing by the Building Official or the Building Official’s authorized representative. The Building Official or the Building Official’s authorized representative may give permission to furnish electric current to, or the use of electric current through, any electrical wiring for a length of time not to exceed thirty days, if the electrical wiring may be used safely and there exists a necessary reason for such permission. Permission and specified length of time shall be in writing to the owner, agent or person responsible for the premises.

15.20.060 Section 80.23 subsection (3) Annex H amended--Violations.

15.20.060 Section 80.23 subsection (3) Annex H of the California Electrical Code is amended by adding a third and fourth paragraph to read as follows:

15.20.070 Section 80.13 (1) Annex H amended—Authority - Interpretation.

15.20.070 Section 80.13 (1) Annex H of the California Electrical Code is amended to read as follows:

Interpretations
Sec.80.13 (1) Annex H. In the event of any conflict or inconsistency between the provisions of this chapter and the California Electrical Code, when applied to any particular case, the requirement which prescribes and establishes the higher standard of safety shall be complied with, unless otherwise stated in this chapter.

15.20.080 Section 80.13 Annex H amended—Authority-Contractor's License Prerequisite.

15.20.080 Section 80.13 Annex H of the California Electrical Code is amended by adding Subsection (18) to read as follows:

Contractor's License Prerequisite
Sec. 80.13 Annex H (18). It is unlawful for any person, firm or corporation, except hereinafter provided, to perform any electrical work as defined in this chapter, without a valid state contractor's license for such work or unless such person, firm or corporation is exempt under the Contractor's License Law of 258
the State.

15.20.090 Section 80.13 Annex H amended—Authority-Defective Work.

15.20.090 Section 80.13 Annex H of the California Electrical Code is amended by adding Subsection (19) to read as follows:

Defective Work
This chapter shall not be construed as imposing upon the City or the Building Official or the Building Official’s authorized representatives any liability or responsibility for damage resulting from defective electrical work, installation or material thereof, nor shall the City, or the Building Official or the Building Official’s authorized representatives thereof be held as assuming any such liability or responsibility by reason of the inspection authorized under this chapter.

15.20.100 Section 80.21 Annex H amended--Plans and Specifications.

15.20.100 Section 80.21 Annex H of the California Electrical Code Section is amended by adding a fourth and fifth paragraph Subsection (D) and (E) to read as follows:
(D) When deemed necessary by the Building Official or the Building Official’s authorized representative, four sets of plans and specifications shall be submitted with each application for a permit. The plans shall be drawn to scale, 1/4 inch or 1/2 inch, including all necessary information to insure compliance with the requirements of the California Electrical Code or amendments made thereto.
(E) When the Building Official has reviewed the submitted plans and specifications, the Building Official will endorse the plans as APPROVED and issue a permit for such work. Such plans and specifications shall not be changed, modified or altered without authorization of the Building Official. All work shall be done in accordance with the approved plans and the requirements of the code.

15.20.110 Section 80.19 (C) Annex H amended--Permits Issuance.

15.20.110 Section 80.19 (C) Annex H of the California Electrical Code is amended by adding a new Subsection (C)(3) to read as follows:
(C)(3) It shall be unlawful for any person, firm or corporation, whether acting as principal, servant, agent or employee, to do or cause or permit to be done any electrical work for which a permit is required within the city without first securing a permit from the Building Official or the Building Official’s authorized representative.

15.20.120 Section 80.19 (E) Annex H amended--Fees.

15.20.120 Section 80.19 (E) of the California Electrical Code shall be amended to read as follows:

Sec.80.19 (E). Fees shall be assessed in accordance with the provisions of this section or as set forth in the fee schedule adopted by resolution by the City Council.
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To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or electrical systems subject to inspection by the Chief Building Official, the Chief Building Official is authorized to require the owner or owner's authorized agent to provide, without charge to the jurisdiction, a technical opinion and report.

The opinion and report shall be prepared by a qualified electrical engineer, subject matter expert, or accredited organization acceptable to the Chief Building Official. The Chief Building Official is authorized to require design submittals to be prepared by, and bear the stamp of, a California registered design professional.

Whenever an electrical permit and/or a permit fee is required by the California Electrical Code or the Municipal Code and work is started prior to obtaining the permit, a double fee shall be charged.

The issuance of a permit shall not be deemed or construed to be a permit for, or approval of, any violation of the provisions of the California Electrical Code or amendments made thereof. No permit purporting to give authority to violate or cancel the provisions of the code shall be valid.

15.20.130 Article 100 amended--Definitions.

15.20.130 Article 100 of the California Electrical Code is amended by adding the definitions to read as follows:

Electric Work: Means and includes the installation, construction, maintenance and repair of electrical wiring and equipment.

Electric Wiring: Means the installation or the alteration of any material, fixture, device, appliance or equipment in or on any building, structure or premises, used or designed or intended to be used to generate, transmit, transfer or utilize electric energy.

15.20.140 Article 110-2 amended--Approval.

15.20.140 Article 110-2 of the California Electrical Code is amended by adding a second and third paragraph to read as follows:

All materials used shall bear the Underwriters' Laboratories approval or other approved agency and shall be of a design suitable for the purpose to be used.

All materials used in installation, alteration or repair of electrical distribution systems shall be free from defects and shall be of minimum approved standards specified for all types of material provided for this chapter.

15.20.150 Article 110-3 (B) Installation and Use.

15.20.150 Article 110-3 Subsection (B) of the California Electrical Code is amended to read as follows:
(1) The Building Official or the Building Official’s authorized representative may request a dielectric and/or voltage test under load by the electric 260
contractor.
(2) No metallic piping shall be located underground, unless in a chase or other method which is first approved by the Building Official. (3) Temporary power units may be installed only with prior approval of the Building Official and after a permit has been obtained from the Building Official.
(4) Prior to the issuance of a certificate of occupancy and at the time of final inspection, all service panels and secondary panels shall be so marked as to show the maximum AVAILABLE INTERRUPTER CURRENT rating as determined by the energy provider.

15.20.160 Article 250-52 (A)3 amended--Rod and Pipe Electrodes.

15.20.160 Article 250-52 (A)5 of the California Electrical Code is amended to add Subsections (A)(5)(a) and (A)(5)(b) to read as follows:
(a) Rod and Pipe Electrodes. Electrodes of rods of steel shall be of not less than two 1/2 inch round reinforcing bars, each not less than 20 feet long, running in opposite directions, placed within 3 inches of the bottom of the concrete footing. One end of each rod will extend at least 6 inches above the foundation sill, at least 6 inches above finish grade and be connected by an approved grounding connector. The grounding connector will be installed in an accessible location where it will be bonded to the hot and cold water pipes by an approved grounding connector.
(b) Ground Rods shall only be used in conjunction with Non-Corrosive Highly- Conductive fill material and only with approval of the Building Official.

The bonding wire shall be determined by Table 250-66 of the California Electrical Code.

Other means may be used when approved by the Building Official.

15.20.170 Article 300-6 amended--Protection Against Corrosion.

15.20.170 Article 300-6 of the California Electrical Code is amended by adding Subsection (E) to read as follows:
(E) Earth Contact. No ferrous or nonferrous metallic portions of the electrical system shall be installed in direct contact with the earth.

15.20.180 Article 410-36 (B) amended--Suspended Ceilings.

15.20.180 Article 410-36(B) of the California Electrical Code is amended by re-writing Subsection (B) to read as follows:
(B) Suspended Ceilings. Fixtures exceeding 10 pounds in suspended ceiling systems shall be securely fastened to the building structure by at least two supports located diagonally on the fixture. Fixtures shall not be supported by the suspended ceiling system unless prior approval has been given by the Building Official. Request for approval to deviate from this requirement must be in writing to the Building Official at the time of submittal for permits.” 261
Section 8. REPEALING AND REPLACING CHAPTER 15.24 OF TITLE 15 OF THE FOSTER CITY MUNICIPAL CODE. Chapter 15.24, “Fire Code,”within Title 15, “Buildings and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.24

FIRE CODE
Sections

15.24.010 Adoption

15.24.020 Applicability

15.24.030 Section 101.1 Title. Amended.

15.24.040 Section 101.6 Policy Manual. Added.

15.24.050 Section 102.3 Change of Use or Occupancy. Amended.

15.24.060 Section 102.6 Historic Buildings. Amended.

15.24.070 Section 103.1 Creation of Agency. Amended.

15.24.080 Section 103.2 Appointment. Deleted.

15.24.090 Section 104.6 Official Records. Amended.

15.24.100 Section 104.6.1 through 104.6.4 Appointment. Deleted.

15.24.110 Section 105.3.1 Expiration. Amended

15.24.120 Section 105.6 Required Construction Permits. Amended

15.24.130 Section 107.2 Schedule of Permit Fees. Amended

15.24.140 Section 109.1 Board of Appeals. Amended

15.24.150 Section 112.4 Violation Penalties. Amended

15.24.160 Section 202 Definitions. Added

15.24.170 Chapter 3 General Requirements.

15.24.180 Chapter 4 Emergency Planning and Preparedness.

15.24.190 Chapter 5 Fire Service Features.

15.24.200 Chapter 9 Fire Protection and Life Safety Systems.

15.24.210 Chapter 10 Means of Egress.

15.24.220 Chapter 26 Fumigation and Insecticidal Fogging.

15.24.230 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas.

15.24.240 Chapter 56 Explosives and Fireworks.

15.24.250 Chapter 57 Flammable and Combustible Liquids.

15.24.260 Chapter 58 Flammable Gases and Flammable Cryogenic Fluids.

15.24.270 Chapter 61 Liquified Petroleum Gases.

15.24.280 Appendix B Required Fire Flow for Buildings

15.24.290 Appendix C Fire Hydrants Location and Distribution

15.24.300 Appendix D Fire Apparatus Access Roads

15.24.310 Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses. Adopted

15.24.320 Violations

15.24.330 Fire and Life Safety Inspections

15.24.340 Local Findings and Amendments.
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15.24.350 Environmental Determination

15.24.010 Adoption.

A. The San Mateo Consolidated Fire Department hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), with California Amendments and the 2021 International Wildland Urban Interface Code as amended and as specified in part III of this ordinance. Those chapters and appendices not mentioned in section III are only enforceable if adopted by the State Fire Marshal. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each city within the jurisdiction of the Department.

B. The 2022 California Fire Code (CFC), California Code of Regulations, Title 24, Part 9, adopting the 2021 International Fire Code of the International Code Council with necessary California amendments, together with the non-building standards reproduced therein except otherwise provided by this ordinance, are adopted by reference as the Fire Code of the San Mateo Consolidated Fire Department. This Code including all amendments thereto, shall hereafter be called the “Fire Code,” and/or this “Code” and are adopted as and for the rules, regulations, and standards within the Jurisdiction as to all matters therein, except otherwise provided.

C. No section of the Fire Prevention Code shall impose a mandatory duty of enforcement on the Jurisdiction, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the Jurisdiction, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.

D. A copy of the Fire Code, as defined herein, shall be kept on file on with the office of the San Mateo Consolidated Fire Department Fire Marshal.

E. The San Mateo Consolidated Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions, as set forth in Exhibit B of this Ordinance (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated fully herein.

15.24.020 Applicability.

A. All sections of this Code shall apply to all buildings, structures and portions thereof, and to replace premise or building.

B. Whenever any provision of this Chapter code or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain any restrictions covering the same subject matter, the provision that is 263
more restrictive or imposes higher standards or requirements shall govern.

Chapter 1 is adopted in its entirety as amended below.

15.24.030 101.1 Title.
101.1 Title. These regulations shall be known as the 2022 CALIFORNIA FIRE CODE, and with amendments adopted by the SAN MATEO CONSOLIDATED FIRE DEPARTMENT (SMCFD), will be referred to herein as this “CODE,” and/or “FIRE CODE.”

15.24.040 101.6 Policy Manual.
101.6 Policy Manual. Community Risk Reduction Interpretation Manual shall serve as a supplemental instruction and interpretation manual for the Fire Code and is hereby adopted by reference. The Fire Marshal is responsible to amend this manual as necessary to maintain current instructions and interpretations.

The information contained within the Policy Manual shall not be construed to make new code requirements not authorized by this ordinance

15.24.050 102.3 Change of Use or Occupancy. Amended
Section 102.3 of the California Fire Code is amended to read as follows:
102.3 A change of occupancy shall not be made unless the use or occupancy is made to comply with the requirements of this code and the California Existing Building Code. Any change in use or occupancy creating a more hazardous fire/life safety condition, as determined by the Fire Code Official requires that an automatic fire sprinkler system be installed. For purposes of this section, the relative hazard categories table 1011.5 of the International Existing Building Code, herein incorporated by reference.

15.24.060 102.6 Historic Buildings. Amended. Section 102.6 of the California Fire Code is amended to read as follows:
102.6 The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided in accordance with the California Historic Building Code.

15.24.070 103.1 Creation of Agency. Amended. Section 103.1(A) of the California Fire Code is amended to read as follows:
[A] 103.1.1 Creation of agency. The San Mateo Consolidated Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

15.24.080 Section 103.2 Appointment. Deleted. Section 103.2 of the California Fire Code shall be deleted in its entirety.

15.24.090 Section 104.6 Official Records. Amended. Section 104.6 of the California 264
Fire Code is amended to read as follows:
104.6 Official records. The fire code official shall keep official records as required by the San Mateo Consolidated Fire Department’s Record Retention Schedule, and Title 24, Part 1, The California Administrative Code. Requests for records shall be in accordance with the California Public Records Act.

15.24.100 Sections 104.6.1 through 104.6.4 Appointment. Deleted. Sections 104.6.1 through 104.6.4 of the California Fire Code shall be deleted in its entirety.

15.24.110 Section 105.3.1 Expiration. Amended. Section 105.3.1 of the California Fire Code is amended to read as follows:

An operational permit shall remain in effect until reissued, renewed or revoked, or at the next annual inspection. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work shall be as per the SMCFD Fee Schedule, Permit Reinstatement Fee, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.

15.24.120 Section 105.6 Required Construction Permits. Amended. Section 105.6 of the California Fire Code is amended to read as follows:

Section 105.6 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.24, as well as all required construction permits in Title 24, Parts 2, 2.5, 3, 4, or 5 where enforced by the California State Fire Marshal

15.24.130 Section 107.2 Schedule of Permit Fees. Amended. Section 107.2 of the California Fire Code is amended to read as follows:
107.2 Schedule of permit fees. Where a permit or other inspection fee is required, a fee for each permit shall be paid as required, in accordance with the San Mateo Consolidated Fire Department Master Fee Schedule.

15.24.140 109.1 Board of Appeals. Amended. Section 109.1 of the California Fire Code is amended to read as follows:
109.1 Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals.

The board of appeals shall be the Board of Directors for SMCFD, and shall render all decisions and findings in writing to the appellant through the fire code official. 265
109.3 Qualifications. Deleted. Section 109.3 of the California Fire Code shall be deleted in its entirety.

15.24.150 112.4 Violation Penalties. Amended Section 112.4 of the California Fire Code is amended to read as follows:
112.4 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 assessed a reinspection fee in accordance with the San Mateo Consolidated Fire Department Master Fee Schedule. Violations that remain unabated after the 5th reinspection shall guilty of an Administrative Violation punishable by a fine of $130 for the first violation, $700 for the second violation, and $1300 dollars for the third and each successive violation in addition to the reinspection fee (Government Code 36900). Each day that a violation continues after due notice has been served shall be deemed a separate offense. Administrative violations shall be appealable thorough the board of appeals in section 109.

15.24.160 Chapter 2 Definitions. Chapter 2 –Section 202 of the California Fire Code is amended to read in its entirety as follows:

SECTION 202 General Definitions. Added.

All Weather Driving Surface. A roadway designed to carry the imposed weight loads of fire apparatus (Minimum load of 68,000 pounds) and a minimum surface finish of one layer of asphalt or concrete or road pavers.

Alteration. Any work done to a structure that increases the fire area of a room or area.

Driveway. Access road from the public way to a structure that is used for public vehicular access, including fire and emergency vehicles.

Local Agency High Fire Hazard Severity Zone. An area designated by the local agency based on a fire assessment conducted by the San Mateo Consolidated Fire Department

15.24.170 Chapter 3 General Requirements. Chapter 3 of the California Fire Code is partially adopted with adopted sections listed below (Sections adopted by the State Fire Marshal remain unchanged except as modified below):

Section 303 Asphalt Kettles Is Adopted In Its Entirety
Section 305 Ignition Sources Is Adopted In Its Entirety Section 306 Motion Picture Projection Rooms And Film Is Adopted In Its Entirety 266
Section 307 Open Burning, Recreational Fires, And Portable Outdoor Fireplaces Is Adopted As Amended Below
Section 307.1.1 Prohibited Open Burning. Amended
307.1.1 Prohibited open burning. Open burning, other than cooking, shall be prohibited.

Exception: [No change]
Section 307.4.1 Bonfires. Amended
307.4.1 Bonfires. Bonfires, other than for cooking purposes, shall be prohibited.

Section 307.4.2 Recreational Fires. Amended
307.4.2 Recreational Fires. When approved by the fire code official, recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of the structure shall be eliminated prior to ignition. If allowed, all such fires shall require a fire code permit.

Section 308 Open Flames Is Adopted as Amended Below
Section 308.1.4 Open Flame Cooking Devices. Amended
308.1.4 Open Flame Cooking Devices. [No change]
Exceptions:

1.Group R-2, R-3, and R-3.1 occupancies

2.[No change]

3.[No change]
Section 308.3.2 Theatrical Performances. Amended
308.3.2 Theatrical performances.

Where approved, open-flame devices used in conjunction with theatrical performances are allowed to be used where adequate safety precautions have been taken in accordance with NFPA 160 and Title 19 CCR.

Section 309 Powered Industrial Trucks and Equipment Is Adopted Section 310 Smoking Is Adopted
Section 311 Vacant Premises Is Adopted
Section 318 Laundry Carts Is Adopted
Section 319 Mobile Food Preparation Vehicles Adopted As Amended Below Section 319.1.1 Health Department Approval. Added
319.1.1 Health department approval. Mobile food preparation vehicles shall display a San Mateo County health apartment sticker as prescribed by County health. 267
Section 321 Artificial Combustible Vegetation Is Adopted

15.24.180 Chapter 4 Emergency Planning and Preparedness.

Chapter 4 of the California Fire Code is partially adopted with adopted sections listed below (Sections adopted by the State Fire Marshal remain unchanged unless modified below):

Section 405 Emergency Evacuation Drills Is Adopted
Section 406 Employee Training and Response Procedures Is Adopted

15.24.190 Chapter 5 Fire Service Features.

Chapter 5 of the California Fire Code is adopted in its entirety as amended below:

Section 501.1 Scope. Amended
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter, and appendix D.

Section 503.1.1 Buildings and Facilities. Amended
503.1.1 Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and Appendix D, and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions: No Changes
Section 503.3.1 Fire Lane Designation. Added
503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means:

1. By a white sign measuring at least twelve inches by eighteen inches (12” x 18”) posted immediately adjacent thereto and clearly visible. It should clearly state in red letters not less than one inch (1”) in height, that the space is a fire lane and parking is prohibited. Fire lane signs shall be spaced at a minimum of 50 feet apart.

2. By outlining and hash marking the area in contrasting colors clearly marking it with the words “Fire Lane - No Parking.”

3. By identifying the space with a red curb upon which the words “Fire Lane - No Parking” are stenciled every 15 feet.
(a) Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) feet to twenty-eight (28) feet in width.
(b) At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) 268
feet in width.
(c) Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

Section 505.1.1 Multi-Tenant Buildings. Added
505.1.1 Multi -Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one-half inch (1/2″) stroke by four inches (4″) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall visible from the street posted at a minimum height of 5 feet, 6 inches (5′ 6″) above the finished floor, shall be visible from the street and shall be either internally or externally illuminated in all new construction.

Section 505.1.2 Multiple Buildings On One Site. Added
505.1.2 Multiple buildings on one site. Where multiple buildings on one property the buildings cannot be viewed from the public way, a monument sign, or other signs or other approved means shall be used to identify the entry to the given structure.

Address identification shall be maintained on each of the buildings within the site.

Section 505.1.3 Rear Addressing. Added
505.1.3 Rear Addressing. When required by the chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with 505.1.

Section 506.1.1.1 Key Box Contents Requirements. Added
506.1.1.1 Key box contents requirements. Master keys shall be provided to all spaces including multi-tenant spaces. Additional keys shall be included as determined by the fire code official or his designee and may include card access, elevator controls, fire alarm control panels and devices, and for fire sprinkler control valve access. If the business/operation is required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key box or other approved location. The number of keys to be provided shall be determined by the inspector.

Exceptions:

1. Multi-tenant spaces which provide a key box for each tenant and installed per Section 506.1. Electronic card keys and codes to individual spaces may not be utilized as a substitute for manual keys.

2. When electronic locks release upon loss of electrical power or fire alarm activation a manual key need not be provided.

Section 506.1.1.2 Gates. Added
506.1.1.2 Gates. Where a new gate or barrier is installed on a fire access roadway, the fire department shall have emergency access by means of a padlock, key switch or other approved means.

Exception:

1. Driveways serving a single R-3 occupancy
269
Section 508.2 Fire Control Room. Added
508.2 Fire control room. An approved fire control room shall be provided for all new buildings or occupancies with a change of use, requiring protection by an automatic fire sprinkler system. The room shall contain the sprinkler riser, fire alarm control panels, ERCES control equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief, and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet.

Exceptions:

1.Group R, Division 3 Occupancies.

2.Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3.In high-rise buildings, the fire control room shall not be less than 200 square feet.

Section 510.1 Emergency Responder Communication. Coverage In New Buildings.

Modified
510.1 Emergency responder communication coverage in new buildings.

Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Exceptions:

1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained instead of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
510.4.2 System design .Amended.

5.10.4.2 System Design. The in-building, two-way emergency responder communication coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.10 and NFPA 1225.

Section 510.4.2.9 UL Certification. Added
510.4.2.9 UL Certification. New ERCES systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate. 270
Section 510.4.2.10 Power Switch. Added
510.4.2.10 Power Switch. A keyed power switch shall be installed in the system allowing for power to the system to be easily turned on or off. The default condition will be for the system to be off unless otherwise specified by the inspector during the final inspection.

Section 510.5.2-510.5.2.3. Minimum Qualifications of Personnel. Added 510.5.2 Minimum qualifications of personnel.
510.5.2.1 Designers. The minimum qualifications of the system designer for both new and existing buildings shall be all of the following:

1. A valid FCC issued general radio operator’s license.

2. Certification of in building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed.

3. Certification by a nationally recognized testing or certification agency (For example, NICET).
510.5.2.2 Installing personnel. Installation of approved ERRC systems shall be conducted by a State Licensed C-7, C-10, or C-16 contractor. 510.5.2.3 Testing personnel. For system acceptance and annual testing, personnel shall be certified by a professional certification agency approved by the authority having jurisdiction. (IEEE, NICET, etc.)
Section 510.5.3.1 Test Specification. Added
510.5.3.1 Test bands and frequencies. Acceptance and annual testing of ERRC systems shall incorporate all bands and frequencies accounted for in the design of the system.

15.24.200 Chapter 9 Fire Protection and Life Safety Systems.

Chapter 9 of the California Fire Code is adopted in its entirety as amended below:

Section 901.6.3.2 Records Reporting. Added
901.6.3.2 Records Reporting. Fire detection, alarm and extinguishing systems, shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested, and maintained or removed in accordance with the appropriate standard. All inspection, testing and maintenance reports shall be forwarded to the Fire Department using electronic media to the designated third party as assigned in the Policy Manual. Paper (hard copy) reports are not permitted. 271
Section 903.2 Automatic Sprinkler Systems - Where Required. Amended 903.2 Where required. Approved automatic sprinkler systems shall be installed throughout all new buildings unless the structure does not require a building permit.

Exception: Detached Group U occupancies separated from structures in accordance with Table 705.5 of the California Building Code.

Sections 903.2.1 Through 903.2.10 Are Deleted in their entirety.

Section 903.3.1.2 NFPA 13R Sprinkler Systems. Amended
903.3.1.2 NFPA 13 sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be installed throughout in accordance with 903.3.1.1.

Exception: R-3 occupancies shall have an automatic sprinkler system installed in accordance with NFPA 13D.

Section 903.2.20 Automatic Sprinkler Systems - Existing Buildings and Structures.

Added
903.2.20 Existing Buildings and Structures. Proposed addition, alterations or fire repairs in existing non-sprinklered buildings over a three-year period exceeding 50% of the original gross floor area square footage shall require the entire building to be installed with an automatic fire sprinkler system as follows;

1.Any additions that increase the existing gross floor area by more than 50% require the entire building to be installed with an automatic fire sprinkler system.

2.Any combination of additions, alterations and/or fire repairs to more than 50% of the existing gross building area requires the entire existing building to be installed with an automatic fire sprinkler system. For purposes of this section, alterations shall only apply to the building area if they increase the size of the fire area of the room or space. See the Policy Manual for further guidance.

3.Any addition, alteration and/or repair within a building that contains an automatic fire sprinkler system shall have the automatic fire sprinkler system extended/modified to the area of proposed work.

4.Any change in use or occupancy creating a more hazardous fire/life safety condition, as determined by the Fire Code Official requires that an automatic fire sprinkler system be installed. For purposes of this section, the relative hazard category shall be in accordance with table 903.2.20 based on table 1011.5 of the International Existing Building Code.

Table 903.2.20
Relative Hazard Occupancy Class
1 (Highest Hazard) H, L
2 I-2, I-2.1, I-3, I-4
3 A, C, E, M, R-1, R-2, R-2.1,
R-4
4 B, F-1, M, S-1, R-3, R-3.1
5 (Lowest Hazard) F-2, S-2, U
272
Exceptions:

1. Seismic or accessibility improvements

2. Any exemption otherwise allowable under the Fire Code, as adopted by the San Mateo Consolidated Fire Department at the discretion of the Fire Marshal.

3. Exterior improvements and work not requiring permits as provided in the Building Code.

4. Detached Group U occupancies or detached carports less than 400 square feet.

5. Work requiring only a mechanical, electrical, plumbing and/or demolition permit.

6. Group R-3.1 occupancies unless already containing a fire sprinkler system.

Section 903.3.1.3 NFPA 13D Sprinkler Systems. Amended
903.3.1.3 NFPA 13D sprinkler systems. Automatic Sprinkler systems installed in one-and two-family dwellings; Group R-3; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80. NFPA 13D sprinkler systems shall also comply with section 903.4.2 Alarms.

Section 903.4.2 Alarms. Amended
903.4.2 Alarms. One approved audible and visual devices shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by waterflow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 905.3.1 Height. Amended
905.3 [No Change]

1.[No Change]

2.Buildings that are more than 2 stories in height.

3.[No Change]

4.[No Change]
Section 907.1.6 Fire Alarm Certification. Added
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate. The protected premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).

Section 907.1.6.1 Posting of Certificate. Added
907.1.6.1 Posting of Certificate. The UL certificate required in section 907.1.6 shall be posted in a durable transparent cover within 3 feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

15.24.210 Chapter 10 Means of Egress.

Chapter 10 of the California Fire Code is adopted in its entirety as amended below:
273
Section 1009.3.1 Convenience Stair. Added
1009.3.1 Convenience Stair. Convenience stairs (in buildings 4 or more stories in height) that are not required as exits shall be limited to connect only two (2) floors.

15.24.220 Chapter 26 Fumigation and Insecticidal Fogging.

Chapter 26 of the California Fire Code is adopted in its entirety without amendment.

15.24.230 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas.

Chapter 49 of the California Fire Code is adopted in its entirety as amended below:

Section 4901.1 is amended as follows
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter and the 2021 International Wildland Urban Interface Code as adopted by the San Mateo Consolidated Fire Department.

Section 4902 Definitions. Added
Local Agency High Fire Hazard Severity Zone. An area designated by the local agency based on a fire assessment conducted by the San Mateo Consolidated Fire Department.

Section 4904.3 Local Fire Hazard Severity Zones. Added. 4904.3 Local Fire Hazard Severity Zones. Local Fire Hazard Severity Zones shall be as determined by the San Mateo Consolidated Fire Department Wildland Fire Assessment conducted in July 2019.

Section 4905.2 Construction Methods and Requirements Within Established Limits.

Amended.
4905.2.1 Construction Methods and Requirements Within Established Limits. Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the California Building Standards Code, including the following:

California Building Code, Chapter 7A, California Residential Code, Section R337, California Referenced Standards Code, Chapter 12-7A.
4905.2.2 Additions to structures. If an addition to a structure exceeds 50% of the original square footage and the structure is in a designated fire hazard zone of high or very high, the structure shall meet the requirements of California Department of Forestry and Fire Protection’s Low Cost Retrofit List. (Attached)
Section 4905.3.1 Local Fire Hazard Severity Zone Requirements. Added 4905.3.1 Local fire hazard severity zone requirements. Buildings constructed in local Agency Fire Hazard Severity Zones considered to be “High” or “Very High” shall comply with section 4905.2.
274
Section 4906.2 Application. Amended
4906.2 Application. [No change]

1.[No change]

1.1.[No change]

1.2.[No Change]

1.3.[No Change]

2.All land designated by the San Mateo Consolidated Fire Department Wildland Fire Assessment in one of the following zones:

2.1.Moderate

2.2.High

2.3.Very High
Section 4907.1 General. Amended
4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Areas (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270.

Buildings and structures within the Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government code sections 51175 through 51189 in moderate, high, and very high fire hazard severity zones as designated by the San Mateo Consolidated Fire Department Wildland Fire Assessment

15.24.240 Chapter 56 Explosives and Fireworks.

Chapter 56 of the California Fire Code is adopted in its entirety as amended below:

Section 5601.1.3 Fireworks. Amended
Section 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within the jurisdiction of the department.

Exceptions:

1.Storage and handling of fireworks has allowed in section 5604.

2.The use of fireworks for fireworks displays, pyrotechnics before proximate audience, pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions as allowed by title 19, Division I, chapter 6 fireworks reprinted in section 5608 and the Health & Safety Code division 11.

3.Snap caps and party poppers classified by the state fire marshal as pyrotechnic devices.

Section 5601.1.3.1 Fireworks – Seizure. Added
5601.1.3.1 Fireworks-seizure. The Chief shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this code.

Section 5601.2.4 Financial Responsibility. Amended
5601.2 .4 Financial responsibility. Before a permit is issued pursuant to section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2 275
million or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by permit upon which any judicial judgment results.

The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.

Government entities shall be exempt from this bond requirement.

Exception: fireworks in accordance with California Code of Regulations, Title 19, Division I, Chapter 6, see section 5608.

Section 5601.9 Prohibited and Limited Acts. Added
5601.9 Prohibited and limited acts. The storage of explosive materials is prohibited in all zoning districts except district zone for industrial or agricultural uses. In districts where the storage of explosive materials is permitted, the quantities of explosives and distances shall be in accordance with California Fire Code section 5601.8

15.24.250 Chapter 57 Flammable and Combustible Liquids.

Chapter 57 of the California Fire Code is adopted in its entirety as amended below:

Section 5704.2.9.6.1 Locations Where Above Ground Tanks Are Prohibited. Amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of class I and 2 liquids in above-ground tanks is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural use.

Section 5706.2.4.4 Locations Where Above-Ground Tanks Are Prohibited. Amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Locations where above- ground tanks are prohibited. Storage of class I and 2 liquids in above-ground tanks is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural use.

15.24.260 Chapter 58 Flammable Gases and Flammable Cryogenic Fluids.

Chapter 58 of the California Fire Code Is Adopted In Its Entirety As Amended Below.

Section 5806.2 Limitations. Amended to read as follows:
5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Hydrogen fuel systems in compliance with section 5806.3 or 5806.4.

15.24.270 Chapter 61 Liquified Petroleum Gases.

Chapter 61 of the California Fire Code is adopted in its entirety as amended below.

Section 6104.2 Maximum Capacity Within Established Limits. Amended to read as follows:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gases prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any 276
one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2000 gallons (7570 L).

15.24.280 Appendix B Fire Flow Requirements for Buildings.

Appendix B of the California Fire Code, fire flow requirements for buildings, is adopted in its entirety as amended below:

TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE AND 2 FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOMES.

AMENDED.

TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE AND 2 FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
Automatic Sprinkler System
(Design Standard)
Minimum Fire Flow
(Gallons Per Minute)
Flow Duration (Hours)
No automatic sprinkler system Value in Table B 105.1 (2) Duration in Table B 105.1 (2)
Section 903.3.1.1 of the California Fire
Code
50% of the value in table
B105.1 (2)a
Duration in table B105.1
(2) at the reduced flow
rate
Section 903.3.1.2 of the
California Fire Codec
50% of the value in table
B105.1 (2)b
Duration in table B105.1
(2) at the reduced flow
rate
For SI: 1 gallon per minute equals 3.785 L per minute
a. The reduced fire flow shall not be less than 1000 gallons per minute. b. The reduced fire flow shall not be less than 1500 gallons per minute. c. Section 903.3.1.2 of the California Fire Code has been amended by the San Mateo Consolidated Fire Department
277

15.24.290 Appendix C Fire Hydrant Locations and Distribution Appendix C of the California Fire Code, number and distribution of fire hydrants, is adopted in its entirety as amended below:

TABLE C 102.1 of Appendix C. Amended to read as follows:

TABLE NO. C102.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTSf

FIRE FLOW

REQUIREMENT
(GPM)

MINIMUM

NUMBER OF

HYDRANTS

AVERAGE

SPACING

BETWEEN
HYDRANTS a, b, c,
d, e
(Ft.)

MAXIMUM DISTANCE FROM

HYDRANT TO ANY POINT

ON STREET OR ROADWAY

FRONTAGE
(Ft.)
1750 or less 1 250 150
2000-2250 2 250 150
2500-3250 3 250 150
3500-4250 4 250 150
4500-5250 5 250 150
5500-5750 6 250 150
6000-6250 6 250 150
6500-7250 7 250 150
7500 or more 8 or morec 200 120
For SI: 1 foot equals 304.8 mm, 1 gallon per minute equals 3.785 L per minute. a.Reduce by 100 feet for dead-end streets or roadways.
b.Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist:
i. Street has a median center divider that makes access to hydrants difficult, causes a time delay or creates an undue hazard;
ii. There are four or more lanes of traffic;
iii. Width of the street is in excess of 88 feet; or
iv. The existing street will be widened or will have a raised median center divider installed in the future pursuant to the General Plan Roadway Improvement Plans.
c. One hydrant for each 1,000 GPM or fraction thereof.
d.Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants should be provided every 1,000 feet of street to provide for transportation hazards. In addition, there shall be at least one hydrant at each intersection.
e.Average spacing between hydrants may be extended to 500 feet on streets serving one- and two-family dwellings.
f. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific constraints and hazards.

15.24.300 Appendix D Fire Apparatus Access Roads
Appendix D of the California Fire Code, Fire Apparatus Access Roads, is adopted in its entirety.
278

15.24.310 Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

Appendix O of the California Fire Code, Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses Is Adopted In Its Entirety

15.24.320 Violations.

It is unlawful to violate or fail to comply with any provisions of this Code or violate or fail to comply with any order made under this Code or to build in violation of any detailed statement of specification or plans submitted and approved under this Code, or any certificate or permit issued under this Code.

15.24.330 Fire and Life Safety Inspections.

Inspections by the Fire Department shall periodically be made of buildings and structures that are used for residential or non-residential purposes as follows:
a) The time and frequency of inspections shall be determined by the Fire Chief. No buildings shall be inspected for a fee more than annually except for re-inspections to assure that code corrections have been made or hazards have been corrected. b) A fee for inspections shall be established in the adopted Master Fee Schedule to offset costs of the regulatory inspection program and shall be collected upon inspection from each property subject to this ordinance. Revenues shall be used for the inspection and enforcement program.
c) All properties shall be subject to inspection fees.
d) Nothing in this section is intended to prevent inspections of property under nuisance abatement or other laws.

15.24.340 Local Findings and Amendments.

The modifications to the 2021 International Fire Code with the 2022 California Fire Code Amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions, as set forth in Exhibit B of this Ordinance (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated herein as substantive provisions of this Ordinance.

Section 9. CEQA. The adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as actions by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment
Section 10. Severability. If any section, subsection, sentence, clause, or phrase of the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

Section 11. Taking Effect. This Ordinance shall take effect on January 1, 2023. 279
Section 12. Posting. Within 15 days after the passage of this Ordinance, the City Clerk shall have it posted in three public places designated by resolution of the City Council.

This Ordinance was introduced and read on the 3rd day of October, 2022, and passed and adopted on the ____. day of ______________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

RICHA AWASTHI, MAYOR
ATTEST:
___________________________________________

YELENA CAPPELLO, ACTING CITY CLERK
280
Exhibit B
San Mateo Consolidated Fire Department
FINDINGS IN SUPPORT OF LOCAL AMENDMENTS TO THE 2022 CALIFORNIA FIRE CODE

AS ADOPTED BY THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT

THAT IMPLEMENT ADDITIONAL REQUIREMENTS

DUE TO LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS

WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, the Board of Directors for the San Mateo Consolidated Fire Department (“Department”) has determined and finds that the attached changes or modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and are reasonably necessary because of local climatic, geological, and topographical conditions.

WHEREAS, based upon information provided by staff in support of these proposed amendments to the Fire Code and similar information provided in support of prior amendments and facts on which a local court could take judicial notice documenting the unique conditions found in the Board of Directors for the Department, it is expressly found by the Department Board of Directors that the following unique conditions are undisputed and do exist in the jurisdiction and that as a result, modifications to the 2022 California Fire Code are reasonably necessary for the Department.

NOW, THEREFORE, THE BOARD OF DIRECTORS FOR THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT HEREBY ORDAINS THAT:

1. Climatic
The weather patterns within the Department are considered to be moderately affected by westerly winds that can average from 10-15 mph and gusts that can exceed 40 mph which are experienced almost year- round. Fog is a common occurrence in the jurisdiction, becoming quite dense at times. An average year’s rainfall is approximately 22.95 inches, while summer conditions are hot and dry. These summer conditions create hazardous fuel situations that have caused grassland and brush land fires in recent years. Year-round average temperatures range from 58 in the winter to 81 degrees during the summer, however high temperatures have ranged from 75 in the winter to 110 degrees in the summer. Low humidity, high temperatures and gusting winds can move a fire quickly in the hillsides and canyon areas of the Department and can tax the capabilities of the urban design of the fire department. Lower water pressure in these areas also affects the abilities to quickly suppress any fires. Climate Change is expected to adversely affect these conditions, moving the weather towards more extremes in the coming years.

Because of the unpredictable weather patterns, intermittent drought and water rationing can be expected, causing dry vegetation and hazardous fire conditions. Weather patterns can go to the other extreme with heavy rains creating higher fuel load in the hillsides. A heavy rain pattern would also impact a flood plain area located in the northeast portion of the Department. This condition has the potential of causing additional barriers in this area when flooding blocks streets and underpasses.

The conditions described in this section make it reasonably necessary for the Department to adopt the following ordinance sections as modifications to the 2022 California Fire Code and these findings are specifically intended to satisfy the requirements of California Health and Safety Code Section 17958.7 in that regard:

San Mateo Consolidated Fire Department Ordinance Part I (Adoption), Part II (Applicability), Part III amending CFC Sections 108, 202, 303, 304, 305, 306, 307, 308, 309, 310, 501.1, 503.1.1, 503.3.1, 505.1, 505.1.1, 505.1.2, 505.1.3, 506.1.1.1, 506.1.1.2, 508.2, 901.6.3.2, 903.2, 903.3.1.2, , 903.2.20, 903.3.1.2, 903.4.2, 905.3.1, Chapter 49, 5601.1.3, 5601.1.3.1, 5601.2.4, 5601.9, 5704.2.9.6.1, 5706.2.4.4, 5806.2, 281
6104.2, Table B105.2, Table C102.1, Appendix D, section D106.1, D107.1, and Part III adopting the International Wildland Urban Interface Code (All modifications and adoptions), Part IV (Violations), and Part V (Fire and Life Safety Inspections).

2. Geographical
The jurisdiction’s geography is diverse, with scenic hillsides to the west and north and the San Francisco Bay shoreline and in-land lagoons to the northeast. Certain eastern portions of the Department are built on landfill. These geographic features establish roadways, waterways, and building sites and create barriers for accessibility for fire suppression forces. Such geological barriers increase fire emergency response time.

The cities in the Department’s jurisdiction lie near several potentially active seismic hazards, including the San Andreas and San Mateo Faults. Seismic activity within the Department occurs yearly with little or no damage, although in 1989, the Loma Prieta Earthquake caused substantial damage (building collapses, fires, closure of main travel arteries, medical emergencies, etc.) from San Francisco to Santa Cruz. Within minutes of the quake, all emergency services were exhausted. Additionally, a large quake, greater than 6.7 magnitude is predicted along one of the major Bay Area Earthquake Faults before 2030. Landslide areas become a critical concern with seismic activity due to the possibility of liquefaction. The northern hillsides create slopes in excess of 60% with an average of between 5-10%. The Department continues to see building on these hillside areas. Such sites are prone to landslide activity during the rainy season and during seismic activity.

The Department is located in a nationally recognized earthquake prone area which caused unique challenges for fire and disaster relief agencies. Because the problem is regional and potentially suffocating in scope, tailored response programs with other agencies are essential. Seismic considerations, elsewhere not applicable, must be recognized in all construction projects.

The conditions described in this section make it reasonably necessary for the Department to adopt the following ordinance sections as modifications to the 2019 California Fire Code and these findings are specifically intended to satisfy the requirements of California Health and Safety Code Section 17958.7 in that regard:

San Mateo Consolidated Fire Department Ordinance Part I (Adoption), Part II (Applicability), Part III amending CFC Sections 108, 202, 303, 304, 305, 306, 307, 307.1.1, 307.4.1, 307.4.2, 308, 309, 310, 311, 501.1, 503.1.1, 503.3.1, 505.1, 505.1.1, 505.1.2, 505.1.3, 506.1.1.1, 506.1.1.2, 508.2, 510.4.2, 510.4.2.9, 510.5.2, 510.5.2.1, 510.5.2.2, 510.5.2.3, 510.5.3.1, 405, 406, 901.6.3.2, 903.2, 903.3.1.2, , 903.2.20, 903.3.1.2, 903.4.2, 905.3.1, 907.1.6, 907.1.6.1, 1009.3.1, Table B105.2, Table C102.1, Appendix D, section D106.1, D107.1, and Part III adopting the 2021 Wildland Urban Interface Code (All adoptions and Modifications), Part IV (Violations), and Part V (Fire and Life Safety Inspections).

3. Topographical
The topographical element is associated closely with the geographical element noted above. The Department’s water supply (domestic and fire flow) system is directly affected by the topographical layout of the member cities comprising the Department. The distribution system consists of “lift-zones,” which carry the water to the public via conduits of water pipes from various reservoirs, storage tanks, and dammed areas. In these “lift-zones” the pressure and flows are adequate at the lower elevations of the zone, but as the elevation increase water flow can vary greatly. Such variations create predictable problems for fire suppression units.

The roadway system through the Department is, by and large, designed around the topographical lay of the land with narrow, steep grades, large highway over-passes and roadways inefficient to handle current traffic demands. This creates “barriers” that increase the fire department response time. 282
Additionally, developers are creating denser residential developments in many areas throughout the Department. There is a trend to develop more concentrated structures such as “podium” buildings which are residential, or business occupancies built over parking structures. These structures are generally built with reduced access around the building because they are being constructed in a “Built-out” environment, replacing existing structures. These larger, denser developments generally add 3+ minutes to response times by creating unique challenges to accessing and suppressing fires. The additional time could allow “flashover” to occur (“Flashover” occurs when a fire can burn freely without any suppression intervention, causing the structure or room to become completely engulfed with fire in a short time). These “podium” buildings are generally designed to support a higher occupancy load. Mid-rise buildings also pose unique suppression challenges because of the size and complexity of the building footprint that adds to the time needed to locate a fire. The height of these structures, and the combustible nature of the buildings built above the podium present additional challenges when it comes to fire extinguishment and rescue. The higher density of buildings in the jurisdiction, along with the hills of the jurisdiction pose challenges for the radio systems used by the department for emergency communications. Inadequate communications pose a direct threat to the health and wellbeing of responders.

The remaining structures (those not redeveloped into larger, denser structures) pose another concern in that they lack adequate fire protection like firewalls, fire extinguishing systems, fire alarm system, etc.

Historical buildings also create cause for concern in that they were built under less stringent building codes and with narrower setback requirements, creating further “barriers” that firefighters must work around.

Some of these buildings date as far back as 100 years and are irreplaceable, holding significant historical.

The western hills of the jurisdiction are steep, and are covered in many different kinds of vegetation. There are structures built in and bordering densely vegetated areas, making the spread of vegetation fires to structures more likely.

San Mateo Consolidated Fire Department Ordinance Part I (Adoption), Part II (Applicability), Part III amending CFC Sections 108, 202, 303, 304, 305, 306, 307, 308, 309, 310, 311, 318, 319.1.1, 501.1, 503.1.1, 503.3.1, 505.1, 505.1.1, 505.1.2, 505.1.3, 506.1.1.1, 506.1.1.2, 508.2, 510.4.2, 510.4.2.9, 510.5.2, 510.5.2.1, 510.5.2.2, 510.5.2.3, 510.5.3.1, 405, 406, 901.6.3.2, 903.2, 903.3.1.2, , 903.2.20, 903.3.1.2, 903.4.2, 905.3.1, 907.1.6, 907.1.6.1, 1009.3.1, Table B105.2, Table C102.1, Appendix D, section D106.1, D107.1, and Part III, the 2021 International Wildland Urban Interface Code (All adoptions and modifications), Part IV (Violations), and Part V (Fire and Life Safety Inspections).
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DATE: October 3, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Benjamin Stock, City Attorney

SUBJECT: PROPOSED ORDINANCE AMENDING TITLE 8, “HEALTH AND SAFETY” OF THE FOSTER CITY MUNICIPAL CODE TO ADD A
NEW CHAPTER 8.11, “REGULATION OF THE SALE OF
FLAVORED TOBACCO PRODUCTS” IN FOSTER CITY

RECOMMENDATION

It is recommended that the City Council introduce by title only and waive further reading of an ordinance amending Title 8, “Health and Safety” of the Foster City Municipal Code to add a new Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products” to prohibit the sale of flavored tobacco products by retailers in Foster City.

EXECUTIVE SUMMARY

At the July 18, 2022 City Council meeting, Councilmember Gehani requested, and a majority of the Council supported, placing on a future agenda an ordinance to prohibit the sale of flavored tobacco and “vapes” otherwise known as electronic cigarettes.

On August 15, 2022, the City Council was presented with a draft ordinance that proposed amending Title 8 of the Foster City Municipal Code to add a new Chapter 8.11 to regulate the sale of flavored tobacco products and electronic cigarettes. After a robust discussion by the Council, the proposed ordinance was not supported by a majority and thus was not introduced. 284

At the September 19, 2022 Council meeting Mayor Awasthi requested, and a majority of Council supported, re-agendizing an ordinance that mirrored Senate Bill (SB) 793 which regulates flavored tobacco and is currently the subject of a referendum. Staff has prepared an ordinance that mirrors SB 793 for Council’s consideration this evening.

BACKGROUND

Tobacco use remains the leading cause of preventable death in the United Sates, killing more than 480,000 people each year.1 Smoking causes or contributes to many forms of cancer, as well as heart and respiratory diseases, among other heath disorders. Tobacco use remains a public health crisis, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society and the burdens it places on our health care system.

Flavored Tobacco Products

Flavored tobacco products have been the subject of negative publicity as they are known to be attractive to minors. According to Tobacco Free Kids, a non- profit organization that works to reduce youth access to tobacco and reduce tobacco related deaths:
 Tobacco industry documents show that the tobacco companies have a long history of developing and marketing flavored tobacco products as “starter” products that attract kids.

 Flavors improve the taste and reduce the harshness of tobacco products, making them more appealing and easier for beginners to try the product and ultimately become addicted.

 Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use.

1U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 285
 According to the Federal Food and Drug Administration’s (FDA) Tobacco Product Scientific Advisory Committee (TPSAC), menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking.

 Flavors can create the false impression that a tobacco product is less harmful than it really is.

In the same publication, Tobacco-Free Kids provided the following statistics that were collected in a 2019 survey of middle and high school students:
 81% of youth who have ever used tobacco products initiated with a flavored product.

 72.3% of youth tobacco users have used a flavored tobacco product in the month preceding the survey.

 At least two-thirds of youth tobacco users report using tobacco products “because they come in flavors I like.”
Flavored tobacco products promote youth initiation of tobacco use and help young occasional smokers to become daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and thereby increasing the appeal of tobacco products. Tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products to encourage new users to start with tobacco products with lower levels of nicotine and progress to products with higher levels of nicotine.

Research also shows that use of menthol cigarettes has perpetuated disparities among different groups. According to the 2018 National Survey of Drug Use and Health (NSDUH): 85% of African American smokers, 50% of Hispanic smokers and 47% of Asian American smokers use menthol cigarettes, compared to 29% of White smokers; 51% of lesbian/gay and 46% of bisexual smokers use menthol cigarettes, compared to 39% of heterosexual smokers; 45% of smokers with severe psychological distress use menthol cigarettes compared to 39% of smokers with no past month serious psychological distress; 47% of smokers living in poverty use menthol cigarettes, compared to 36% of smokers with an income exceeding twice the Federal Poverty Threshold; and 60% of pregnant smokers use menthol 286
cigarettes.2

Regulation of Flavored Tobacco

On August 28, 2020, SB 793 was signed into law by Governor Newsom. SB 793 provides that a tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. SB 793 exempts from this prohibition the sale of “Shisha tobacco product”, which is a tobacco product smoked or intended to be smoked in a hookah, by certain permitted/licensed retailers and the sale of certain specialty cigars. Implementation of SB 793 has been halted due to the filing of a referendum with the California Secretary of State to repeal the new law.

In the November 2022 state election, the voters of the State of California will decide whether to enact or repeal SB 793 through Proposition 31. Even if the referendum is successful, however, it would not affect locally enacted measures that have prohibited flavored tobacco products.

There are various laws that regulate tobacco retailers including Penal Code section 308, the Stop Tobacco Access to Kids Enforcement (STAKE) Act (Business and Professions Code sections 22950-22963) and the 2009 Tobacco Control Act (21 U.S.C.§ 387f(d). The STAKE Act prohibits, among other things, a person from selling or otherwise furnishing tobacco products to a person under 21 years of age.

In addition to State and Federal laws, many cities and counties have, pursuant to their police power, adopted local laws regulating the sales of flavored tobacco and/or e-cigarettes. The County of San Mateo prohibits the sale or offer for sale, by any person or tobacco retailer the sale of flavored tobacco products.3

The following cities within San Mateo County have adopted a flavored tobacco ordinance:
o Portola Valley
o Half Moon Bay

2Delnevo, CD, et al., “Banning Menthol Cigarettes: A Social Justice Issue Long Overdue,” Nicotine & Tobacco Research, 22(10): 1673-1675, 2020.
3See https://www.smchealth.org/flavoredtobacco; Ordinance (for Unincorporated Areas): Link 287
o San Carlos
o South San Francisco
o Burlingame
o Menlo Park
o East Palo Alto
o San Mateo
o Redwood City
o Pacifica
Although the City of Millbrae recently considered this issue on July 12, 2022, Millbrae did not take any action to adopt an ordinance prohibiting flavored tobacco.

There have been some legal challenges to certain ordinances. JUUL initially challenged a ballot measure for the City and County of San Francisco relating to e-cigarettes and flavored tobacco (Measure C) and an ordinance adopted by the City of Livermore. Ultimately, JUUL withdrew its financial support opposing the regulations due to a change in new leadership at JUUL causing the company to review its policies. Additionally, various tobacco retailers have sued cities that have adopted ordinances regulating flavored tobacco, including the City of Palo Alto, based on various causes of action including alleged violations of the U.S. and California Constitutions. It does not appear that any litigation, to date, has been successful in overturning these ordinances.

ANALYSIS

Pursuant to the direction of the Council, staff has prepared an ordinance to prohibit the sale of flavored tobacco products that mirrors SB 793.

The proposed ordinance would add a new Chapter 8.11 to, among other things, prohibit sale of flavored tobacco products as follows:
 No person or tobacco retailer shall sell, or offer for sale any flavored tobacco product within the geographic boundaries of Foster City.

The proposed ordinance also contains a number of defined terms consistent with SB 793. For example, "Flavored Tobacco Product" means any tobacco product that contains a constituent that imparts a characterizing flavor. SB 793 also contains two significant exemptions. First, under SB 793, the sale of 288
flavored shisha tobacco products by a hookah tobacco retailer, as those terms are defined, would be allowed if all of the following conditions are met:

1. The Hookah Tobacco Retailer has a valid license to sell Tobacco Products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

2. The Hookah Tobacco Retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

3. The Hookah Tobacco Retailer shall operate in accordance with all relevant state and local laws relating to the sale of Tobacco Products.

4. If consumption of Tobacco Products is allowed on the premises of the Hookah Tobacco Retailer, the Hookah Tobacco Retailer shall operate in accordance with all state and local laws relating to the consumption of Tobacco Products on the premises of a Tobacco Retailer, including, but not limited to, Section 6404.5 of the Labor Code.

SB 793 also does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises or loose leaf tobacco.

The proposed ordinance includes the foregoing exemptions and exclusions and also provides that restaurants that have 50% of the outdoor seating area designated as smoking areas and sell hookah products for use with a hookah pipe as an approved use, as of the effective date of the ordinance are also exempt from the regulation. If SB 793 is approved by the voters and the referendum is defeated, the City would be preempted from enforcing this exemption because it is not as restrictive as State law.

Finally, the proposed ordinance also specifies that any violation would be deemed a public nuisance and provides various enforcement mechanisms to address violations, including the issuance of administrative citations and fines pursuant to Section 1.08.060 of the Municipal Code.

The proposed ordinance, if adopted, would become effective 30 days after adoption. The Council could revise the proposed ordinance to amend the effective date to allow a longer period of time before the ordinance becomes effective.

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CEQA

The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

FISCAL IMPACT

Adoption of this ordinance would likely result in increased staff time and costs for enforcement.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This requested action is in alignment with the City Council’s Vision and Mission which “emphasizes public safety and proactively works toward strengthening relationships with the community.”

Attachment:
 Attachment 1 – Proposed Ordinance
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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 8, “HEALTH AND SAFETY,” OF THE FOSTER CITY MUNICIPAL CODE TO ADD A NEW CHAPTER 8.11, “REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS”

CITY OF FOSTER CITY
WHEREAS, tobacco use remains the leading cause of preventable death in the United Sates, killing more than 480,000 people each year. 1 It causes or contributes to many forms of cancer, as well as heart and respiratory diseases, among other heath disorders. Tobacco use remains a public health crisis of the first order, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society and the burdens it places on our health care system; and
WHEREAS, according to the Federal Food and Drug Administration (“FDA”), nearly 80% of youth ages 12-17 and nearly 75% of young adults ages 18-25 who were currently tobacco users in 2014 reported that the first tobacco product they ever used was flavored;2 and
WHEREAS, according to Tobacco Free Kids, a non-profit organization that works to reduce youth access to tobacco and reduce tobacco related deaths:
Tobacco industry documents show that the tobacco companies have a long history of developing and marketing flavored tobacco products as “starter” products that attract kids.
Flavors improve the taste and reduce the harshness of tobacco products, making them more appealing and easier for beginners to try the product and ultimately become addicted.
Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use.
According to the Federal Food and Drug Administration’s (FDA) Tobacco Product Scientific Advisory Committee (TPSAC), menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking.
Flavors can create the false impression that a tobacco product is less harmful than it really is; and
WHEREAS, Tobacco-Free Kids conducted a 2019 survey of middle and high 1 U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 2 Villanti, A. C., Johnson, A. L., Ambrose, B. K., Cummings, K. M., Stanton, C. A., Rose, S. W., Hyland, A. (2017). Flavored Tobacco Product Use in Youth and Adults: Findings From the First Wave of the PATH Study (2013-2014). American Journal of Preventive Medicine.
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school students and determined the following based on those survey results:
81% of youth who have ever used tobacco products initiated with a flavored product.
72.3% of youth tobacco users have used a flavored tobacco product in the month preceding the survey.
At least two-thirds of youth tobacco users report using tobacco products “because they come in flavors I like”; and
WHEREAS, the Tobacco and Education Research Oversight Committee for California, as well as the American Pharmacists Association, the California Pharmacists Association, and the California Medical Association have called for the adoption of state and local prohibitions of tobacco sales in drug stores and pharmacies; and WHEREAS, with the potential repeal of SB 793, a local prohibition against the sale of all flavored tobacco is an effective means to reduce the availability of these products to youth, thereby protecting the public health and safety by discouraging tobacco initiation and continued use.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.

Section 2. Amendment. Title 8 (Health and Safety) of the Foster City Municipal Code is amended to add a new Chapter 8.11 entitled “Regulation of the Sale of Flavored Tobacco Products” which shall read as follows:

8.11.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Characterizing Flavor" means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition that constitutes a characterizing flavor. "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the 292
manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
"Distinguishable" means perceivable by either the sense of smell or taste. “Flavored Shisha Tobacco Product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor. "Flavored Tobacco Product" means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. “Hookah Tobacco Retailer” means a Tobacco Retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories at a Retail Location.
“Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
“Loose Leaf Tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
“Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
"Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

“Premium Cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. “Restaurants” means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans’ club), boardinghouse or guesthouse, the primary function of which is to give, sell or offer for sale food to the public, guests, patrons or employees.
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“Retail Location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) A vending machine.
“Sale” includes any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever.
“Shisha Tobacco Product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. “Tobacco Product” means a Tobacco Product as defined in Section 104495(a)(8) of the California Health and Safety Code, as that provision may be amended from time to time.

“Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a Characterizing Flavor when added to a Tobacco Product.
“Tobacco Retailer” means a person who engages in the sale of tobacco products directly to the public from a Retail Location. “Tobacco Retailer” includes a person who operates vending machines from which Tobacco Products are sold in the City of Foster City.

8.11.020 Sale of Flavored Tobacco Products Prohibited.

A. A Tobacco Retailer, or any of the Tobacco Retailer’s agents or employees, shall not sell, offer for Sale, or possess with the intent to sell or offer for Sale, a Flavored Tobacco Product or a Tobacco Product Flavor Enhancer.

B. There is a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor, including, but not limited to, text, color, images, or all, on the product’s Labeling or Packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
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C. Subdivision (B) does not apply to the Sale of Flavored Shisha Tobacco Products by a Hookah Tobacco Retailer if all of the following conditions are met:

1. The Hookah Tobacco Retailer has a valid license to sell Tobacco Products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

2. The Hookah Tobacco Retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

3. The Hookah Tobacco Retailer shall operate in accordance with all relevant state and local laws relating to the sale of Tobacco Products.

D. Subdivision (B) does not apply to sales of Premium Cigars sold in Cigar Lounges where products are purchased and consumed only on the premises of a Cigar Lounge.

E. Subdivision (B) does not apply to Loose Leaf Tobacco or Premium Cigars.

F. Subdivision (B) does not apply to Restaurants that have 50% of the outdoor seating area designated as smoking areas and sell Shisha Tobacco Products for Hookah as an approved use as of the effective date of this Ordinance.

8.11.030 Enforcement.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Violations of this chapter are subject to administrative citations and fines as set forth in Section 1.08.060 of this Code.

C. Violations of this chapter may, in the discretion of the City Attorney or designee, be prosecuted as infractions or misdemeanors. 295
D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

E. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney or designee, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

8.11.040 Public Nuisance.

Any violation of this chapter is hereby declared a public nuisance.

8.11.050 No Conflict with Federal or State Law.

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.” Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4. Environmental Determination. The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

Section 5. Publication. This Ordinance shall be published in accordance with the law.

Section 6. Effective Date. This Ordinance shall take effect 30 days from the date of adoption.

Section 7. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council. 296
This Ordinance was introduced and read on the 3 rd day of October, and passed and adopted on the _____ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
297

DATE: October 3, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Dusty Landwehr, Recreation Coordinator

SUBJECT: APPROVING THE APPOINTMENT OF FOURTEEN MEMBERS
TO THE YOUTH ADVISORY COMMITTEE FOR THE 2022-2023

SCHOOL YEAR

RECOMMENDATION
It is recommended that City Council approve the attached resolution appointing the following fifteen (15) members to the Youth Advisory Committee to annual full terms on the Youth Advisory Committee for the 2022-2023 school year.

Name, School, Grade
Kiana Gowdy, Hillsdale High School, 10th
*Aanvi Gupta, Aragon High School, 10th
Ellie Leo, Bowditch Middle School, 7th
Jayden Leo, San Mateo High School, 9th
Emily Liu, Hillsdale High School, 10th
*John Liu, San Mateo High School, 9th
Emily Meng, Burlingame High School, 9th
*Isha Misra, Bowditch Middle School, 8th
Isha Mukherjee, Middle College, 12th
Austin Quan, Hillsdale High School, 12th
Somya Singh, Hillsdale High School, 11th
298
Nicholas Throgmorton, San Mateo High School, 11th
Lian Wang, Aragon High School, 10th
*Caroline Wei, San Mateo High School, 12th
Francesca Wesley, San Mateo High School, 10th
* denotes returning members

EXECUTIVE SUMMARY

There were 28 applicants for the Youth Advisory Committee (YAC) for the 2022-2023 school year. Staff conducted interviews of all new and returning applicants. Based on the interview process and evaluation, staff recommends the above fifteen (15) applicants be appointed to the Youth Advisory Committee for the 2022-2023 school year.

BACKGROUND

The Youth Advisory Committee (YAC) was developed to encourage greater participation of youth within Foster City. The Committee’s goal is to explore teen issues and report recommendations and results to City Council.

YAC has operated successfully with 15 members (down from 25), since 2011.

The decrease in committee size was supported by the City Council, feeling that this number would continue to effectively involve a large cross section of the teen community.

YAC is large enough to efficiently plan and implement activities; all members can actively participate and work as a team; and the Parks and Recreation Department staff liaison is able to spend more time guiding and advising each individual member.

Staff and YAC members saw a need to create the classification of ‘Member-at- Large’ positions due to the overwhelming interest in being involved in YAC activities. Members-at-Large do not sign the YAC commitment contract and do not have voting privileges. They do, however, attend meetings. The addition of Members-at-Large meets the needs of the Foster City youth when they cannot commit to attending eighty percent of the required committee meetings.

The process for choosing YAC committee members includes completing an application form with questions that focus on the applicant’s involvement in school and community activities. The following criteria are used to select applicants:
299
 Outstanding level of commitment in previous years serving on the YAC  School Representation
 Grade Representation
 Involvement in community activities
 Interview

ANALYSIS

All applicants are expected to understand and show interest in the committee’s goals and activities. Staff reviewed 28 applicants for the Youth Advisory Committee for the 2022-2023 school year and fifteen (15) YAC applications are recommended for approval. Upon City Council approval, YAC would consist of fifteen (15) active members for the 2022-2023 school year.

Staff recommends that the above applicants be appointed as outlined in this staff report. Applicants who were not selected were given the option to join YAC as a member-at-large.

FISCAL IMPACT

There is no fiscal impact associated with this item.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

The Youth Advisory Committee (YAC) was developed to encourage greater participation of youth within Foster City, which directly aligns with City Council’s priority under “City Council Operations and Improved Community Engagement" Value/Priority Area, which states that "The City Council operates at the highest level of civil discourse, encouraging resident engagement and full transparency.” The Committee’s goal is to explore teen issues and report recommendations and results to City Council.

Attachments:
 Attachment 1 - Resolution
 Attachment 2 - 2021-2022 Contract
 Attachment 3 - 2021-2022 Application
300
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

APPROVING THE APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH

ADVISORY COMMITTEE

CITY OF FOSTER CITY
WHEREAS, staff reviewed twenty eight applicants for the Youth Advisory Committee for the 2022-2023 school year; and
WHEREAS, 15 applicants met the minimum requirements; and WHEREAS, staff conducted interviews of all new applicants; and WHEREAS, selections were made based on the following criteria:
Outstanding level of commitment in previous years serving on the YAC School Representation
Grade Representation
Involvement in community activities
Interview
and;
WHEREAS, it is recommended that the City Council appoint the following fifteen members to the Youth Advisory Committee: Kiana Gowdy, Aanvi Gupta, Ellie Leo, Jayden Leo, Emily Liu, John Liu, Emily Meng, Isha Misra, Isha Mukherjee, Austin Quan, Somya Singh, Nicholas Throgmorton, Lian Wang, Francesca Wesley and Caroline Wei to full terms on the Youth Advisory Committee for the 2022-2023 school year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City appoint the above named applicants for the full term on the Youth Advisory Committee for the 2022-2023 school year.
301
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of October, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK
302
The City of Foster City
2022 – 2023 Youth Advisory Committee
As a member of the Youth Advisory Committee, I agree to the following:

1. I commit to participate on the Youth Advisory Committee from September 2022 through June 2023.

2. I promise to miss no more than three regularly scheduled meetings.

3. I promise to serve on at least two sub-committees throughout the term.

4. I will observe policies and procedures of the City of Foster City and the Parks and Recreation Department.

I understand that if I fail to meet the above commitments, my continued service with the Foster City Youth Advisory Committee will be reviewed. If the committee members feel it is necessary, a recommendation for removal from the committee may be forwarded to the City Council for review.

YAC Member Signature: Date:

Parent/Guardian Signature: Date:

YAC Advisor Signature: Date:

Attachment 2
303
2022-23 Youth Advisory Committee
Application
* Required
Attachment 3
304
Statement
of
Purpose
The Foster City Youth Advisory Committee shall have the following purpose, power and duties:

1. Foster greater involvement of youth in municipal government and civic affairs.

2. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the City of Foster City.

3. Hold forums on problems, activities, and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations as the Youth Advisory Committee deems desirable.

4. Recommend the implementation of community programs which the Youth Advisory Committee deems desirable.

5. Review those municipal matters referred to YAC by the City Council or other City Committees and make recommendations to the Council or committees on those matters.

Requirements
To be a member of the Youth Advisory Committee you must:

1. Be a resident of Foster City.

2. Be entering grades 6 though 12 in Fall of 2022.

3. Be available for a team building, leadership training in August.

4. Be available for meetings on Wednesdays from 7:00-8:00pm beginning in September and ending in June.

5. Be willing to attend additional meetings as necessary.

Commitment
As a member of the Youth Advisory Committee you must sign a contract which states you will:

1. Participate on the Committee from September 2022 through June 2023.

2. Miss no more than 3 regularly scheduled meetings/events.

3. Serve on at least two subcommittees throughout the term.

4. Observe all policies and procedures of the City of Foster City and the Parks and Recreation Department.

Please fill out the following:
305

1. 2.

3. 4.

5. Example: January 7, 2019

6. Name*
Address*
Phone Number*
Email Address*
Birthdate*
School and Grade in Fall 2022*
306

7. 8.

9. 10.

Extra Curricular Activities*
Why do you want to be a member of YAC?*
What issues would you like to see addressed by YAC?*
What do you feel you can offer as a member of this committee?* 307
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F o r m s
308
Prepared Date 9/15/2022 City of Foster City, CA
Accounts Payable Check Register

Page 1 ends

Accounting Period 2023/3
Report Number 8
Check Number Vendor Name Description
146861 A-1 TRUCK DRIVING SCHOOL, INC. DMV TRAINING - ROBERT SCHULZE JR 146862 ACADEMIC CHESS INSTRUCTOR FEE - CHESS
146863 AIRGAS USA, LLC SAFETY VESTS
146864 ALWAYS ON TIME CONCRETE & PUMPING CONCRETE SERVICES 146865 AMAZON CAPITAL SERVICES, INC. NESTLE COFFEE CREAMER 146866 ANGELICA LOPEZ CLASS REFUND - REBOUND BASKETBALL 146867 ANIMAL DAMAGE MANAGEMENT, INC. GROUND SQUIRREL CONTROL 146868 BAYSIDE BUILDING MATERIALS MISCELLANEOUS SUPPLIES - WASTEWATER

DEPARTMENT
146869 BENDER ROSENTHAL INC CIP657: ACQUISITION SERVICES - AUGUST 2022 146870 CALIFORNIA WINDSURFING CAMP BREAKAWAY RENTALS
146871 CARTEGRAPH SYSTEMS LLC CMMS ANNUAL SUBSCRIPTION & IMPLEMENTATION

SERVICES
146872 CERAMIC WORKSHOP CLUB RELEASE OF CERAMIC FOUNDATION FUNDS 146873 CINTAS CORPORATION UNIFORM/LAUNDRY SERVICE
146874 CODE PUBLISHING, LLC MUNICIPAL CODE UPDATE
146875 COLUMBIA ELECTRIC, INC CIP301-681: TRAFFIC SIGNALS CONSTRUCTION SERVICE S
146876 CORE & MAIN LP MISCELLANEOUS SUPPLIES - WATER PROGRAM 146877 CORE1 SECURITY SERVICES ADDITIONAL SECURITY SERVICES 8/19/22-8/21/22 146878 CORY CALL POST TRAINING - CORY CALL
146879 COUNTY OF SAN MATEO CRIME LAB FEE - AUGUST 2022
146880 CRAIG W. REED 2022 SUMMER SOFTBALL STATISTICS
9/15/2022 1,368.75
9/15/2022 3,714.00
9/15/2022 200.00
9/15/2022 113,941.36
9/15/2022 3,458.24
9/15/2022 9,895.00
9/15/2022 695.00
9/15/2022 926.56
9/15/2022 175.50
9/15/2022 666.00
9/15/2022 750.00
9/15/2022 44,111.92
9/15/2022 23.89
9/15/2022 350.00
9/15/2022 29.60
9/15/2022 804.43
9/15/2022 508.00
9/15/2022 61.78
Check Date Check Amount
9/15/2022 3,000.00
9/15/2022 3,175.20
309
Prepared Date 9/15/2022 City of Foster City, CA
Accounts Payable Check Register

Page 2 ends

Accounting Period 2023/3
Report Number 8
Check Number Vendor Name DescriptionCheck Date Check Amount 146881 CSG CONSULTANTS INC. STAFF AUGMENTATION, D542 PILGRAM TRITON PHASE 3, D552 GILEAD PARK DEMOLITION, D554 FOSTER CITY THE
CAMPUS AT LINCOIN CENTER PHASE II, D555 GILEAD
B342 INSPECTION SERVICES, D556 GILEAD B344
INSPECTION SERVICES, ENCR2018-040: CHARTER
SQUARE BEACH PARK SCHOOL, D538 STAFF
AUGMENTATION, D542 WAVERLY PHASE 3, D549 WELL
BEING CENTER - GILEAD, D552 GILEAD PARK, D554
BIOMED ILLUMINA PHASE 2, D555 GILEAD 342 LAKSIDE,
D556 GILEAD 344 LAKESIDE
146882 CUES, INC. CCTV SOFTWARE SUPPORT SERVICE
146883 CYRACOM INTERNATIONAL INC LANGUAGE TRANSLATOR
146884 D & S SALES, INC MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 146885 FORELAND PARTS INC. AUTO PARTS
146886 FOSTER CITY ISLANDER PUBLIC HEARING NOTICE
146887 GOLDEN STATE PORTABLES PORTABLE TOILETS: 8/19/22-8/21/22 146888 GOOD CITY COMPANY ECONOMIC DEVELOPMENT CONSULTANT SERVICES - JULY 2022
146889 GRAINGER MISCELLANEOUS SUPPLIES - STREETS & WATER

PROGRAM
146890 GRANITE ROCK COMPANY MISCELLANEOUS SUPPLIES - STREET & WATER

PROGRAM
146891 GREENTECH LANDSCAPE SERVICES HIP LANDSCAPING SERVICES - JULY 2022 146892 HEATHER MULLIGAN-GONZALEZ POST TRAINING - HEATHER MULLIGAN-GONZALEZ 146893 HIP HOUSING AFFORDABLE VENTURES INC HIP MANAGEMENT FEES - AUGUST 2022 146894 HOME DEPOT CREDIT SERVICES MISCELLANEOUS SUPPLIES - SEWER PROGRAM 146895 IBS OF SAN FRANCISCO LIFT STATION BATTERIES
146896 INFOSEND INC. ONLINE UTILITY BILLING - JULY - AUGUST 2022 146897 JAMES GERANIOS EMPLOYEE REIMBURSEMENT - JAMES GERANIOS 9/15/2022 4,878.73
9/15/2022 152.10
9/15/2022 1,380.00
9/15/2022 2,209.73
9/15/2022 269.21
9/15/2022 1,895.55
9/15/2022 500.00
9/15/2022 46.75
9/15/2022 5,768.93
9/15/2022 11,080.00
9/15/2022 269.43
9/15/2022 164.82
9/15/2022 434.09
9/15/2022 460.00
9/15/2022 19,797.50
9/15/2022 1,250.00
9/15/2022 63.70
310
Prepared Date 9/15/2022 City of Foster City, CA
Accounts Payable Check Register

Page 3 ends

Accounting Period 2023/3
Report Number 8
Check Number Vendor Name DescriptionCheck Date Check Amount 146898 JAMES NG CLASS REFUND - TERRIFIC TINY TENNIS
146899 JENNY SANGME JEON CLASS REFUND - REBOUND BASKETBALL 146900 JUAN HIGAREDA VISION REIMBURSEMENT - JUAN HIGAREDA 146901 JULIO CLEANING AND MAINTENANCE

SERVICES
JANITORIAL SERVICES - SEPTEMBER 2022 & CLEANING,

DISINFECTING AT SUMMER DAYS EVENT
146902 KASSIRER ENTERTAINMENT CO. INSTRUCTOR FEE - TENNIS 146903 KATIE COLCLOUGH GULL ROOM DEPOSIT REFUND
146904 KELLY-MOORE PAINT COMPANY INC. PAINT SUPPLIES
146905 KOFF & ASSOCIATES, INC. COMPENSATION & CLASSIFICATION STUDY SERVICES 146906 LIONS VETERANS CHARITIES, INC. LAGOON ROOM RENTAL FEE REFUND 146907 LUIS NERI VISION REIMBURSEMENT - LUIS NERI
146908 MANLEY SOLUTIONS, INC ANALOG PHONE GATEWAYS FOR SECURITY SYSTEMS &

FIRE ALARM
146909 MANUEL MINZER INSTRUCTOR FEE - BASKETBALL
146910 MARIA SAGUISAG-SID VISION REIMBURSEMENT - MARIA SAGUISAG-SID 146911 MARY KOPTI SYNTHETIC TURF REBATE
146912 MICHAEL COLLI LAGOON ROOM DEPOSIT REFUND
146913 MISSION CLOUD SERVICES, INC CALOPPS SUPPORT SERVICES - SEPTEMBER 2022 146914 MUNICIPAL MAINTENANCE EQUIPMENT INC. MISCELLANEOUS SUPPLIES - SEWER PROGRAM 146915 NANOGAN SCIENCE & SERVICES, LLC INSTRUCTOR FEE - MAD SCIENCE 146916 NAVIA BENEFIT SOLUTIONS, INC. PARTICIPANT FEE - AUGUST 2022 146917 NBC SUPPLY CORP. LATEX EXAM GLOVES
146918 NEARMAP US, INC. NEARMAP VERTICAL FOR GOVERNMENT - ANNUAL

SUBSCRIPTION
146919 PACIFIC AUXILIARY FIRE CO FIRE ALARM INSPECTION - SEPTEMBER 2022 146920 PACIFIC GAS & ELECTRIC COMPANY ELECTRICITY AND GAS - JULY - AUGUST 2022 146921 PACIFIC OFFICE AUTOMATION, INC COPIER USAGE CHARGES 146922 PENINSULA GUJARATI FOUNDATION LAGOON ROOM DEPOSIT REFUND 9/15/2022 50,659.50
9/15/2022 1,842.02
9/15/2022 500.00
9/15/2022 393.75
9/15/2022 10,300.00
9/15/2022 1,296.00
9/15/2022 1,755.19
9/15/2022 4,774.00
9/15/2022 108.50
9/15/2022 1,720.00
9/15/2022 500.00
9/15/2022 2,000.00
9/15/2022 2,464.96
9/15/2022 6,085.82
9/15/2022 43.00
9/15/2022 29,450.00
9/15/2022 340.00
9/15/2022 200.00
9/15/2022 5,443.20
9/15/2022 200.00
9/15/2022 121.22
9/15/2022 23.89
9/15/2022 200.00
9/15/2022 28,208.00
9/15/2022 119.00
311
Prepared Date 9/15/2022 City of Foster City, CA
Accounts Payable Check Register

Page 4 ends

Accounting Period 2023/3
Report Number 8
Check Number Vendor Name DescriptionCheck Date Check Amount 146923 PERS LONG-TERM CARE PROGRAM INSURANCE PREMIUM - SEPTEMBER 2022 146924 POLLARDWATER MISCELLANEOUS SUPPLIES - WATER PROGRAM 146925 PRUDENTIAL OVERALL SUPPLY TOWEL/UNIFORM LAUNDRY SERVICES 146926 REGIONAL GOVERNMENT SERVICES (RGS) CIP657: LEVEE IMPROVEMENT PROJECT MANAGEMENT CONSULTING SERVICES - JULY 2022
146927 RICKEY OKIMURA SYNTHETIC TURF REBATE
146928 RICOH USA, INC COPIER SERVICES
146929 SAMMY PEREGRINO FINAL UTILITY BILL CREDIT BALANCE REFUND 146930 SAN JOSE BMW MOTORCYCLE PARTS & REPAIR
146931 SAN MATEO CO HEALTH DEPARTMENT PORTABLE WATER LAB TEST 146932 SAN MATEO CONSOLIDATED FIRE

DEPARTMENT
LC4850 4/17/22-7/4/22 WORKERS' COMPENSATION

EXPENSES
146933 SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 146934 SARAH JOE CLASS REFUND - YOUTH CERAMICS
146935 SCELZI EQUIPMENT INC TRUCK BODY PARTS
146936 SCHAAF & WHEELER CONSULTING CIVIL

ENGINEERS
D556 PLAN CHECK 344 LAKSIDE & D554 BIOMED PHASE 2

PLAN CHECK
146937 SERVICE PRESS INC. BUSINESS CARD: THAI-CHU LE, PAUL VAN HOOK, KEVIN

MCGILL, ESTELLE GOBERA, DEREK SCHWEIGART, BOB

KOEHLER, KELLY HAWKINS, JENNIFER PHAN, JULIE

PAPING, VANESSA BRANNON
146938 SHIMMICK CONSTRUCTION COMPANY INC CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT - AUGUST 2022
146939 SOUTH SAN FRANCISCO POLICE ASSOCIATIO
N 2022 DISPATCH, RECORDS AND SUPPORT PERSONNEL

RECOGNITION LUNCHEON
146940 STAPLES BUSINESS CREDIT OFFICE SUPPLIES
146941 DEPARTMENT OF JUSTICE FINGERPRINTING FEES
146942 SUMMIT AUTO BODY & PAINTING AUTO REPAIR SERVICES 146943 T.H.E. OFFICE CITY OFFICE SUPPLIES
9/15/2022 98.00
9/15/2022 354.94
9/15/2022 370.51
9/15/2022 2,244,650.57
9/15/2022 560.00
9/15/2022 517.03
9/15/2022 490.62
9/15/2022 1,540.00
9/15/2022 346.83
9/15/2022 16,015.91
9/15/2022 342.23
9/15/2022 165.00
9/15/2022 22.13
9/15/2022 13,128.81
9/15/2022 1,680.00
9/15/2022 7,465.50
9/15/2022 2,676.00
9/15/2022 102.17
9/15/2022 134.83
9/15/2022 1,066.41
9/15/2022 156.62
312
Prepared Date 9/15/2022 City of Foster City, CA
Accounts Payable Check Register

Page 5 ends

Accounting Period 2023/3
Report Number 8
Check Number Vendor Name DescriptionCheck Date Check Amount 146944 TANNER PACIFIC INC CIP657: CONSTRUCTION MANAGEMENT - JULY 2022 146945 THE HOME DEPOT PRO JANITORIAL SUPPLIES - BUILDING PROGRAM 146946 THIRKETTLE CORPORATION WATER METER PURCHASES
146947 TODD HAENA VISION REIMBURSEMENT - TODD HAENA
146948 TOWNE FORD SALES AUTO PARTS & SUPPLIES - VEHICLE PROGRAM 146949 TRAFFIC PATTERNS,LLC CIP681: TRAFFIC SIGNAL DESIGN 146950 TRIPEPI, SMITH & ASSOCIATES, INC. CIP657: LEVEE PROTECTION PLANNING AND IMPROVEMENT - AUGUST 2022
146951 TURBO DATA SYSTEM, INC. CITATION PROCESSING - AUGUST 2022 146952 U.S. BANK AGENT ADMINISTRATION FEES 8/1/22-7/31/23 146953 URBAN INSIGHT, INC. CALOPPS TECHNOLOGY SERVICES - JULY & AUGUST 202 2 146954 URBAN PLANNING PARTNERS INC. FOSTER CITY HOUSING & SAFETY ELEMENTS UPDATE - PROFESSIONAL SERVICES - JULY 2022
146955 UTILITY TELECOM GROUP, LLC INTERNET SERVICES - SEPTEMBER 2022 146956 VISION SERVICE PLAN - (CA) VISION INSURANCE PREMIUM - SEPTEMBER 2022 2,961,990.80
9/15/2022 1,238.94
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON SEPTEMBER 15, 2022 9/15/2022 5,000.00
9/15/2022 21,232.18
9/15/2022 2,473.59
9/15/2022 9,250.51
9/15/2022 35.82
9/15/2022 600.00
9/15/2022 193.00
9/15/2022 252.33
9/15/2022 15,100.00
9/15/2022 224,317.67
9/15/2022 474.68
9/15/2022 2,714.15
313
Prepared Date 08/29/2022 City of Foster City, CA
Accounts Payable Check Register

Page 1 ends

Accounting Period 2023/3
Report Number 8A
ACH Date ACH Vendor Name Description
8/29/2022 ACH CALPERS FY2022-2023 GASB68 REPORT: SAFETY POOL PLANS & GASB68 REPORT: MISCELLANEOUS AGENCY 32558
2,100.00
2,100.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
ACH ON THIS REGISTER PROCESSED ON AUGUST 29, 2022
Amount
314

Foster City City CouncilOctober 3, 2022

Foster City City Council
October 3, 2022