Chapter 2 MECHANICAL CODE

CHAPTER 2.
MECHANICAL CODE

Sections:

8-2.02 Adoption

8-2.03 Applicability of California Mechanical Code Appendix Chapters

8-2.04 Amendments to California Mechanical Code

8-2.01 Title.

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

(Sec. 5 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-2.02 Adoption.

The following documents are hereby collectively adopted as the Mechanical 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 Uniform Mechanical Code (UMC) as amended by the state and known as the 2010 California Mechanical Code (CMC) as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and 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. 5 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-2.03 Applicability of California Mechanical Code Appendix Chapters.

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


Appendix Chapter	Subject	Applicability
A	Uniform Mechanical Code Standards for Metal Ducts	Not Applicable/ Not Adopted
B	Procedures to be followed to place Gas Equipment in Operation	Not Applicable/ Not Adopted
C	Installation and Testing of Oil (Liquid) Fuel-Fired Equipment.	Not Applicable/ Not Adopted
D	Unit Conversion Tables	Not Applicable/ Not Adopted

(Sec. 5 (part), Ord. 10-018, eff. Jan. 20, 2011)

8-2.04 Amendments to California Mechanical Code.

The 2010 California Mechanical Code is hereby amended as follows:

(a) Section 101.0 is amended to read as follows:

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

(b) Section 103.1.1 is added to read as follows:

Section 103.1.1 Alternate codes. 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), International Plumbing Code (IPC) and International Residential Code (IRC) 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, 2001 CBC, 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 only on a case by case basis by the Building Official.

108.1 Authority Having Jurisdiction. 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.

(d) Section 114.4.1 is added to read as follows:

114.4.1 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 the City of Emeryville Master Fee Schedule 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.

(e) Section 115.2 is amended to read as follows:

115.2 Permit Fees. The fee for each permit shall be as set forth in accordance with the City of Emeryville Master Fee Schedule.

(f) Section 115.3 is amended to read as follows:

115.3 Plan Review Fees. When submittal documents are required by Section 113.2 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 City of Emeryville Master Fee Schedule. 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 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.

(g) Section 115.6.4 is added to read as follows:

115.6.4 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.

(Sec. 5 (part), Ord. 10-018, eff. Jan. 20, 2011)