Chapter 1A RESIDENTIAL CODE

CHAPTER 1A
RESIDENTIAL CODE

Sections:

8-1A.03 Applicability of California Residential Code Appendix Chapters

8-1A.04 Amendments to California Residential Code

8-1A.01 Title.

The ordinance codified in this chapter shall be known and may be cited as the Residential Code of the City of Emeryville and will be referred to in this chapter as “this code.”

(Sec. 4 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-1A.02 Adoption.

The following documents are hereby collectively adopted as the Residential Code for the City of Emeryville, pursuant to the provisions of Section 50020 et seq. of the Government Code of the state:

A. The 2009 International Residential Code (IRC) as amended by the state and known as the 2010 California Residential Code (CRC) as published by the California Building Standards Commission, and as further modified and amended by this chapter.

A copy of this code is on file in the office of the Building Official.

(Sec. 4 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-1A.03 Applicability of California Residential Code Appendix Chapters.

Wherever in the California Building Code reference is made to an appendix chapter, the provisions of said appendix chapter shall not apply unless specifically adopted herein. The following table is provided for reference:


Appendix Chapter	Subject	Applicability
A	Sizing and Capacities of Gas Piping	Not Applicable/ Not Adopted
B	Sizing of Venting Systems Serving Appliances equipped with Draft Hoods, Cat. I Appliances, and Appliances listed for use with Type B Vents	Not Applicable/ Not Adopted
C	Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems	Not Applicable/ Not Adopted
D	Recommended Procedure for Safety Inspection of an Existing Appliance Installation	Not Applicable/ Not Adopted
E	Manufactured Housing used as Dwellings	Not Applicable/ Not Adopted
F	Radon Control Methods	Not Applicable/ Not Adopted
G	Swimming Pools, Spas and Hot Tubs	Adopted
H	Patio Covers	Adopted
I	Private Sewer Disposal	Not Applicable/ Not Adopted
J	Existing Building and Structures	Not Applicable/ Not Adopted
K	Sound Transmission	Not Applicable/ Not Adopted
L	Permit Fees	Not Applicable/ Not Adopted
M	Home Day Care — R-3 Occupancy	Not Applicable/ Not Adopted
N	Venting Methods	Not Applicable/ Not Adopted
O	Gray Water Recycling Systems	Not Applicable/ Not Adopted
P	Sizing of Water Piping System	Not Applicable/ Not Adopted
Q	ICC Intern. Residential Code Electrical Provisions/NEC Cross Reference	Not Applicable/ Not Adopted
R	Areas Protected by the Facilities of the Central Valley Flood Protection Plan	Not Applicable/ Not Adopted

(Sec. 4 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-1A.04 Amendments to California Residential Code.

The 2010 California Residential Code is hereby amended as follows:

(a) Section R101.1 is amended to read as follows:

R101.1 Title. The California Residential Code, as amended by this chapter, shall be known as the Residential Code of the City of Emeryville. The provisions contained in this chapter are adopted, and together with the amended California Residential Code, are referred to hereafter as “these regulations” or “these building standards” or “this code.”

(b) Section R102.1 is amended to read as follows:

R102.1 General. Where, in any specific case, applicable referenced code sections are absent because the State of California has not adopted the International Energy Conservation Code (IECC), International Fuel Gas Code (IFGC), International Mechanical Code (IMC) and International Plumbing Code (IPC) the Building Official may allow and/or require the use of an alternate code(s). The alternate codes may include, but are not limited to the 2006 IEC, 2006 IELC, 2006 IFGC, 2006 IMC, 2006 IPC, 2006 IRC, 2005 California Energy Code (CEC), 2001 Uniform Fuel and Gas Code (UFGC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 1997 Uniform Dangerous Building Code and 2001, 2007 California Building Code (CBC). The use of alternate codes will be allowed on a case by case basis by the Building Official or his/her designee.

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Mechanical Code or the California Fire Code or the International Property Maintenance Code, or as deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.

(d) Section R103.1 is amended to read as follows:

R103.1 Creation of Enforcement Agency. The Building Division of the City of Emeryville Planning and Building Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code.

(e) Section R103.3 is amended to read as follows:

R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see the 2010 California Mechanical Code or the 2009 International Property Maintenance Code.

(f) Section R104.7 is amended to read as follows:

R104.7 Department records. The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

(g) Section R105.2 is amended as follows:

R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

10. Decks, not more than 30 inches (762 mm) above adjacent grade, that are not attached and not over any basement or story below and are not part of an accessible route.

(h) Section R105.5 is hereby deleted in its entirety and a new section R105.5 is added to read as follows:

R105.5 Expiration. With the following exceptions, every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed within 1 year from the date of issuance:

1. The Building Official shall have the authority to authorize longer time periods for specific projects.

2. Whenever a permit is issued specifically to correct a violation of this code or of any pertinent law, rule, regulation, or ordinance, or rehabilitate, repair, modify, remove, or demolish a dangerous or illegal building, structure or equipment, or to otherwise abate a nuisance, the Building Official shall establish a reasonable time period for the completion of the work.

3. Whenever a permit is issued for certain short-term projects, the Building Official shall have the authority to establish a time period of less than 1 year. These projects may include, but not be limited to, termite repairs, free-standing fireplace stoves, solar system installations, spas and hot tubs, demolition, and electrical service alterations.

4. The permit holder may renew a permit for a period of no longer than 1 year after the original date of expiration provided: that the request for renewal is submitted to the Building Official prior to said expiration date along with the payment of a renewal fee; that no changes have been made or will be made in the original plans and specifications; and that no laws, regulations, rules, or ordinances have been changed in such a manner as to prohibit the completion of the proposed work. This renewed permit shall require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of renewal. The permit renewal fee shall be established as indicated in Section 108.1 of this chapter.

(i) Section R105.5.1 is added to read as follows:

R105.5.1 Completion permits. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit and the payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in Section 108.1 of this chapter and in accordance with the schedule of previously completed and inspected work.

Notwithstanding the above, in the event that a permittee fails to complete the work and to obtain a completion permit within 1 year following the expiration of an initial or a renewal permit, the work may not be completed pending the issuance of a new permit. The Building Official shall have the authority to require the resubmittal of some or all of the plans and specifications, a partial or complete plan review, the payment of additional review and filing fees, and that all work conform to the laws, regulations, rules, and ordinances in effect at the time of the latest permit application.

(j) Section R106.3.3 is amended to read as follows.

R106.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operations and without assurance that a permit for the entire structure will be granted. Additional fees shall be assessed in accordance with the City of Emeryville Master Fee Schedule.

(k) Section R108.1 is amended to read as follows:

R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid in accordance to the City of Emeryville Master Fee Schedule.

(l) Section R108.1.1 is added to read as follows:

R108.1.1 Plan Review Fees. When submittal documents are required by Section R106.1 of this chapter, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this section is separate from and in addition to the permit fee specified in Section R108.1 of this chapter. This review fee shall cover both the initial review of the submitted plans and a single re-check of the corrected plans. Any further re-checking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, the additional plan review fee shall be charged as specified in said fee schedule.

(m) Section R108.1.2 is added to read as follows:

R108.1.2 Expiration of Plan Review. Applications for which no permit is issued following the date of completion of the initial review of the submitted plans, or applications for which no permit is issued within 12 months following the date of application, shall expire by limitation. The Building Official may extend either of these expiration dates for an additional period, not exceeding 180 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. Following final expiration of the application, plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(n) Section R108.2 is amended to read as follows:

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Emeryville Master Fee Schedule.

(o) Section R108.3 is amended to read as follows:

R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including, but not limited to, materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems, bonds, insurance, fees for permits issued by other jurisdictions, all equipment attached to the building, all equipment used in restaurant facilities, all permanently attached items such as shelving racks and other storage devices, and other soft costs. Permit valuations shall not include the value of land, design costs such as architect and engineer costs, and the costs for obtaining a City of Emeryville business license. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can provide detailed estimates to the satisfaction of the Building Official. A minimum valuation established by the Building Official or the declared valuation, whichever is higher, shall be used to calculate the permit and plan check fees in accordance with City of Emeryville Master Fee Schedule. Proof of the declared valuation will be required to be submitted prior to the issuance of permits. Final building permit valuation shall be set by the Building Official.

(p) Section R108.5 is amended to read as follows:

R108.5 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee. The Building Official may authorize refunding of any fee paid under this code that was erroneously paid or collected. The Building Official may authorize the refunding of a maximum of 80% of the initial permit fee paid when no work has been done under an unexpired permit issued in accordance with this code. If no work has been done and an issued permit has expired, the Building Official may authorize refunding of not more than 40% of the said permit fee, provided that the request for refund is submitted within 1 year following the permit expiration; after 1 year beyond the permit expiration date, no refund of the permit fee shall be authorized. The Building Official may authorize the refunding of a maximum of 80% of the plan review fee paid if no plan review comments have been issued by the Building Official prior to the receipt of the request for refund. No refund of this fee shall be authorized following the issuance of the initial plan review comments by the Building Official.

(q) Section R108.6 is amended to read as follows:

R108.6 Work commencing before a permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the City of Emeryville Master Fee Schedule that shall be in addition to the required permit fees.

(r) Section R110.4 is amended to read as follows:

R110.4 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely, compliance for disabled access, (if applicable) conditions of approval verified for compliance, any City agreements consummated, and remaining fees paid. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. Prior to the issuance of the temporary certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.

(s) Section R110.6 is added to read as follows:

R110.6 Notice of violation. Whenever any building or structure or equipment therein, or portion thereof, as is regulated by this code or by any other pertinent law, rule, regulation, or ordinance, is being used or occupied contrary to this code or to such law, rule, regulation, or ordinance, or when the use or occupancy of the same is changed without the approval of the Building Official, the Building Official shall have the authority to order such use or occupancy discontinued, and the building or structure, or portion thereof, vacated, by serving written notice to any persons causing such use or occupancy to be continued. All vacation notices shall state the specific nature of the violation(s), including a reference to the code provision, law, ordinance, rule, or regulation being violated, the time limit when the said use or occupancy must be discontinued, and if necessary, the time when the building or structure, or portion thereof, must be vacated. If there are no persons present on the premises, the Building Official shall post the notice in a conspicuous place. No person shall continue to use or occupy the said building or structure or equipment, or portion thereof, contrary to the terms of such notice, pending the correction of the stated violation(s) and the approval of the use or occupancy by the Building Official.

(Sec. 4 (part), Ord. 10-018, eff. Jan. 20, 2011)