Millbrae Municipal Code Art. 9.25 Wildland Urban-Interface Code

The code of rules, regulations and standards which contains building standards known as the 2025 California Wildland-Urban Interface Code (Title 24, Part 7, CWUIC and the International Wildland-Urban Interface Code, 2024 Edition, as amended by the State of California), and the non-building standards known as the International Wildland-Urban Interface Code, 2024 Edition, together with Appendices B, and the State of California amendments, thereto hereinafter collectively called the "2025 California Wildland-Urban Interface Codes" (hereinafter "WUI code"), and the Public Resources Code, Division 4, Section 4291 prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire and governing the maintenance of buildings and premises and safeguarding life, health, property and public welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances and processes, and by regulating the maintenance of adequate egress facilities in the City of Millbrae is hereby adopted and by reference incorporated in this chapter as if fully set forth as the fire code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the WUI Code shall be enforceable to the same extent as if contained in the body of the WUI Code. One copy of the WUI Code shall, at all times, be kept on file in the office of the Fire Chief and Building Official.

Whenever reference is made within the Millbrae Municipal Code to the Uniform Codes, National Codes or any codes regulating the construction or maintenance of any building, structure or appurtenance thereto, such codes shall commonly mean the currently adopted building code set forth in this chapter.

WUI Code Section 101.1 is amended to insert "City of Millbrae."

WUI Code Section 103.1 is amended to insert "Central County Fire Department."

WUI Code Section 108.2 is amended to read as follows:

Section 108.2 FEES AND SPECIAL REQUIREMENTS.

A permit shall not be issued until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The fees for the permits and other services shall be as established by the Central County Fire Department, as adopted by reference by resolution of the Millbrae City Council, as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid prior to engaging in the listed activities to the appropriate agency, City of Millbrae or Central County Fire Department, depending on the type of service.

1. The applicant for a given permit shall be exempt from the payment of such fees if applicant can show proof of non-profit status and obtains City Council approval.

2. The applicant for a given permit shall be exempt from the payment of fees when the work to be conducted is for the City of Millbrae under written contract to the City or for properties or events sponsored or co-sponsored by the City.

3. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of fifty percent (50%) of the listed fee as long as the permits are for the same address.

4. All permits will include a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re-inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.

5. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fee Schedule.

6. "After Hours" inspections shall be invoiced at a rate of one and one-half time the normal hourly rate. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as inspections conducted outside of Central County Fire Department's normal business hours.

7. Any person, group, organization, institution or business failing to pay the applicable fees under this Article for 30 days following the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all delinquent permit payments beyond 30 days shall be double the original fee.

WUI Code Section 108.4 is amended to add Sections 108.4.1 and 108.4.2 to read as follows:

Section 108.4.1 INVESTIGATION.

Whenever construction or work for which a permit is required by this code, or any other code adopted or incorporated by reference as a part of this Chapter, has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. Demolition of all or part of a structure or system without a required permit shall be subject to the investigation and fees imposed by this section.

Section 108.4.2 FEES.

An investigation fee, in addition to any permit fees, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee will be assessed based on the hourly rate consistent with the Central County Fire Department Fee Schedule. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all issues related to the work performed without a permit. In addition, penalties may be assessed in accordance with this Chapter. No subsequent permit shall be issued until the investigation fee and any penalties are paid in full.

Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law.

WUI Code Section 109.3.7 is amended to read as follows:

Section 109.3.7 VIOLATIONS AND PENALTIES.

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, 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 the WUI Code.

Any person, firm or corporation violating any provision of the WUI Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not to exceed six months, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of the WUI Code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the WUI Code.

WUI Code Section 112 is deleted in its entirety and replaced to read as follows:

Section 112 MEANS OF APPEALS

Section 112.1 Means of Appeal:

1. The Fire Chief shall be charged with the duty and responsibility of administering the provisions of this chapter.

2. Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the Code Official, such order, opinion, or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order is erroneous or faulty, may appeal, except as otherwise provided in this chapter, to the Fire Chief in writing within ten (10) days after such order has been given. The Fire Chief shall affirm, modify or reverse the same within forty-eight (48) hours thereafter; provided further that, if dissatisfied with the Fire Chief's ruling thereon, that person may appeal to the Millbrae City Manager within ten (10) days from the date of the Fire Chief's ruling and the decision of the City Manager shall be final and conclusive. In the meantime, except in the cases of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted his or her right of appeal as herein provided.