CHAPTER 1.
BUILDING CODE

Sections:

8-1.01    Title

8-1.02    Adoption

8-1.03    Applicability of California Building Code Appendix Chapters

8-1.04    Amendments to California Building Code Volume 1

8-1.05    Delayed Enforcement for Accessory Dwelling Units

8-1.01 Title.

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

(Sec. 3 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-1.02 Adoption.

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

(a)    The 2018 International Building Code (IBC) Volume 1, as amended by the State and known as the 2019 California Building Code (CBC) Volume 1 (California Code of Regulations, Title 24, Part 2, Volume 1), as published by the International Code Council (ICC) and the California Building Standards Commission, and as further modified and amended by this chapter; and

(b)    The 2018 International Building Code (IBC) Volume 2, as amended by the State and known as the 2019 California Building Code (CBC) Volume 2 (California Code of Regulations, Title 24, Part 2, Volume 2), as published by the International Code Council (ICC) 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. 3 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-1.03 Applicability of California Building 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

Employee Qualifications

Not Applicable/Not Adopted

B

Board of Appeals

Not Applicable/Not Adopted

C

Group U Agricultural Buildings

Not Applicable/Not Adopted

D

Fire Districts

Not Applicable/Not Adopted

E

Reserved

Not Applicable/Not Adopted

F

Rodent Proofing

Not Applicable/Not Adopted

G

Flood Resistant Construction

Not Applicable/Not Adopted

H

Signs

Not Applicable/Not Adopted

I

Patio Covers

Applicable HCD 1

J

Grading

Applicable HCD 1 and 2

K

Group R-3; R-3.1 Central Valley Flood Protection Plan

Not Applicable/Not Adopted

L

Earthquake Recording Instrumentation

Not Applicable/Not Adopted

M

Tsunami-Generated Flood Hazard

Not Applicable/Not Adopted

N

Replicable Buildings

Not Applicable/Not Adopted

O

Emergency Shelters

Applicable HCD 1 and 2

(Sec. 3 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-1.04 Amendments to California Building Code Volume 1.

Volume 1 of the 2019 California Building Code is hereby amended as follows:

(a)    Section 101.1 is amended to read as follows:

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

(b)    Section 101.4.4 is amended to read as follows:

101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

(c)    Section 101.4.5 is amended to read as follows:

101.4.5 Fire prevention. The provisions of the California Fire Code as amended by the City of Emeryville shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

(d)    Section 102.6.2 is added to read as follows:

102.6.2 Buildings previously occupied. An applicant for a business tax certificate shall first notify the fire department to verify existing occupancy or intended use. An inspection fee will be assessed as specified in the City of Emeryville Master Fee Schedule.

(e)    Section 103.1 is amended to read as follows:

103.1 Creation of Enforcement Agency. The Building Division of the City of Emeryville Community Development 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.

(f)    Section 104.7 is amended to read as follows:

104.7 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 105.1 is amended to add:

105.1 Permits. Required.

Re-stripping, re-surfacing or re-configuration of parking lots containing disabled access parking requires a building permit.

(h)    Section 105.1.1, Annual Permits, is deleted.

(i)    Section 105.1.2, Annual Permit Records, is deleted.

(j)    Section 105.1.3 is added to read as follows:

105.1.3 City Council Approval Required to Demolish Residential Structure. The Building Official shall not issue a building permit to demolish a residential structure, as such terms are defined in Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code, except upon the approval of the City Council in conformance with Section 9-5.1209 of Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code.

(k)    Section 105.1.4 is added to read as follows:

105.1.4 City Council Approval Required to Demolish Significant Structure. The Building Official shall not issue a building permit to demolish a significant structure, as such terms are defined in Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code, except upon the approval of the City Council in conformance with Section 9-5.1209 of Article 12 of Chapter 5 of Title 9 of the Emeryville Municipal Code.

(l)    Section 105.1.5 is reserved.

(m)    Section 105.1.6 is added to read as follows:

105.1.6 Unsafe or Dangerous Conditions. Nothing in this section 105.1 shall prevent any measures of demolition necessary to correct unsafe or dangerous conditions of any building or part thereof, where the condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal and where the proposed measures have been declared necessary on an urgency basis by the official to correct the condition; provided however that the Building Official or Fire Marshal shall first provide written notice to the City Council and only such work as is absolutely necessary to correct the immediate danger is permitted and is done with due regard for the preservation of the appearance of the structure.

(n)    Subsections 6 and 7 of Section 105.2 are amended to read as follows:

105.2 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:

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

7.    Painting, papering, tiling, carpeting, resurfacing cabinets, resurfacing counter tops and similar finish work.

(o)    Section 105.5.1 is added and amended to read as follows:

105.5.1 Renewal permit. 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 109.2 of this Chapter and in accordance with the schedule of previously completed and inspected work.

Notwithstanding the above 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.

(p)    Section 107.3.3 is amended to read as follows:

107.3.3 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 and or approved by City departments. 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. A licensed design professional or agent authorized by the Building Official shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, construction coordination for compatibility with the design of the building for the duration of construction. Additional fees shall be assessed for any phase request and for each subsequent phase requests in accordance with the City of Emeryville Master Fee Schedule.

(q)    Section 107.3.4.1 is added to read as follows:

107.3.4.1 Deferred submittals. Deferred submittals shall not be considered as Phased approval request.

(r)    Section 109.1.1 is added to read as follows:

109.1.1 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 addition fee, if any, has been paid in accordance to the City of Emeryville Master Fee Schedule.

(s)    Section 109.1.2 is added to read as follows:

109.1.2 Plan Review Fees. When submittal documents are required by Section 107.1 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 the Section 109.1.1 of this Chapter. This review fee shall cover a maximum of three reviews of submitted 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, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.

(t)    Section 109.1.3 is repealed.

(u)    Section 109.2 is amended to read as follows:

109.2 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.

(v)    Section 109.3 is amended to read as follows:

109.3 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, labor, for which the permit is being issued, electrical, gas, mechanical, plumbing equipment and fixed systems, bonds, insurance, costs associated with abatement and remedial work, fees for permits issued by other jurisdictions, all equipment fixed to the building, all equipment used in residential and non-residential facilities, all fixed items such as shelving racks and other storage devices, all overhead profits, 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 tax certificate. 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 the 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.

(w)    Section 109.4 is amended to read as follows:

109.4 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.

(x)    Section 109.6 is amended to read as follows:

109.6 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant. 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 one (1) year following the permit expiration; after one (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.

(y)    Section 111.2 is amended to read as follows:

Section 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the City of Emeryville, the Building Official shall issue a certificate of occupancy that contains the following:

1.    The building permit number.

2.    The address of the structure.

3.    The name and address of the owner or owner’s authorized agent.

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

5.    A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6.    The name of the Building Official.

7.    The edition of the code under which the permit was issued.

8.    The use and occupancy, in accordance with the provisions of Chapter 3 of the California Building Code.

9.    The type of construction as defined in Chapter 6 of the California Building Code.

10.    The design occupant load.

11.    If an automatic sprinkler system is provided, whether the sprinkler system is required.

12.    Any special stipulations and conditions of the building permit.

13.    Prior to the issuance of the certificate of occupancy a fee to cover administrative costs in accordance with the City of Emeryville Master Fee Schedule shall be paid.

(z)    Section 111.3 is amended to read as follows:

Section 111.3 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.

(aa)    Section 111.5 is added to read as follows:

Section 111.5 Abandonment of Legal Occupancy. Whenever the legal occupancy or use of a building or structure, other than a 1 or 2 family dwelling, is abandoned continuously for a period of one (1) year or more, the said building or structure shall be considered to have no legal occupancy and shall be so declared by the Building Official. When this building or structure is next occupied or used after such declaration, it may be necessary to fully comply with the requirements for the new occupancy or use per the requirements of this code.

(bb)    Section 114.1.1 is added to read as follows:

Section 114.1.1 Occupancy violations. 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.

(cc)    Section 903.2.1 is amended to read as follows:

Section 903.2.1 Group A Occupancies. As required by Emeryville Municipal Code Title 4 Chapter 5.

(dd)    Section 903.2.7 is amended to read as follows:

Section 903.2.7 Group M Occupancies. As required by Emeryville Municipal Code Title 4 Chapter 5.

(ee)    Section 903.2.11.6.1 is added to read as follows:

Section 903.2.11.6.1 Other required suppression systems. As required by Emeryville Municipal Code Title 4 Chapter 5.

(ff)    Section 903.2.21 is added to read as follows:

Section 903.2.21 Renovations. As required by Emeryville Municipal Code Title 4 Chapter 5

(gg)    Section 3302.3.1 is added to read as follows:

Section 3302.3.1 Standards for Construction Site Fire Safety

These standards are intended to prescribe minimum safeguards for new building construction projects in order to provide a reasonable degree of safety to life and property from fire during construction involving combustible materials. These standards shall not be construed to be in lieu of any other applicable State or Federal law, or regulation related to construction site safety. The applicant or other designee of the building owner shall be responsible for compliance with these standards.

Exceptions:

1.    1 and 2 Family Dwellings

2.    U occupancies

3.    Non-residential

4.    As determined by the Building Official

(hh)    Section 3302.3.2 is added to read as follows:

Section 3302.3.2 Fire Protection Plan

A written Fire Protection Plan (FPP) shall be developed for significant or complex construction projects at the discretion of the Building Official. The plan shall be approved by the Building Official prior to proceeding past foundation work for new buildings. The written plan shall be consistent with the fire safety precautions as specified in this standard. The applicant is responsible for carrying out the provisions of the FPP and communicating it to all subcontractors. The FPP shall, as a minimum, include the following:

1.    Removal of combustible debris.

2.    Maintenance of emergency access roads.

3.    Site plans and Floor plans identifying the locations of the following:

a)    Portable fire extinguishers.

b)    Locations of hose bibs during combustible construction.

c)    Fire hydrants.

d)    Standpipes.

e)    Fire sprinkler systems including temporary shut-off valves (see below).

f)    Fire walls.

g)    Compartmentalization walls.

h)    Fire water meter locations.

i)     Detailed sprinkler plans during combustible construction.

4.    The name and contact telephone number of the person(s) responsible for compliance with the Fire Protection Plan.

(ii)    Section 3302.3.3 is added to read as follows:

Section 3302.3.3 Site Security

The following site security measures are required for projects covered by Section 3302.3.1:

1.    Site security plan.

2.    Controlled access points / site fencing.

3.    Security guard(s) to perform fire watch patrols after construction hours.

4.    Security access control hardware with proximity readers and functionality. The system shall be strategically located throughout buildings for security guard patrol to acknowledge during patrols.

5.    Security camera coverage during combustible construction. Utilization of portable cameras is recommended.

6.    Identify measures taken to prevent tampering of powering devices supplying power to security cameras.

(jj)    Section 3302.3.4 is added to read as follows:

Section 3302.3.4 Fire Protection Systems

The following fire protection measures are required for projects covered by Section 3302.3.1:

1.    Fire Hydrants: Where underground water mains and hydrants are required for the building(s) under construction, they shall be installed, completed, and in service prior to combustible construction materials accumulating on site.

2.    Standpipes: Where standpipes are required, the standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of the fire department access. Standpipes shall be provided with fire department hose connections and outlets at accessible locations adjacent to usable stairs. The standpipe system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Each floor shall be provided with a 2-1/2-inch valve outlet for fire department use. Where construction height requires installation of a Class III standpipe, fire pumps and water main connections shall be provided to serve the standpipe. (See Section 903.2.11.6.1 of the Fire Code in Title 4 of Chapter 5 of the Emeryville Municipal Code.)

3.    Fire Extinguishers: Portable fire extinguishers shall be provided and shall be mounted on a wall or post at each usable stairway such that the travel distance to any extinguisher does not exceed 75 feet. Mounting height to the top of the extinguisher shall not exceed 5 feet. Extinguishers shall not have less than a 2A10BC rating or as otherwise directed by the fire department. The general contractor shall ensure that an adequate number of individuals are trained in the proper use of portable fire extinguishers.

4.    Fire Walls (Area Separation Walls): When Fire Walls (Area Separation Walls) are required, the wall construction shall be completed, with all openings protected, immediately after the building is sufficiently weather protected at the location of the wall(s).

5.    Fire Sprinkler Systems: Where automatic fire sprinkler systems are required to be installed in new buildings, the system shall be placed in service as soon possible. For buildings of Type I or II non- combustible construction, activation of the fire sprinkler system may be delayed until combustible finishes, furnishings or equipment are installed, and the building or area is not used for combustible storage or any other purpose.

(i)    Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire Department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior alarm bell maybe installed and connected to the sprinkler water flow device prior to installation of the monitoring system.

6.    Fire Sprinkler Systems during construction: Fire suppression system shall be installed and energized during combustible construction for floors below active wood framing level. A centralized shut-off valve may be installed under the following conditions to prevent accidental release of water during construction activities:

a)    The shut-off valve shall be in a secure location.

b)    Access to the shut-off valve is accessible only to site superintendent protected with lock and key.

c)    The shut-off valve shall be in a “open” status during non-working hours.

d)    The shut-off valve shall be subject to security cameras for reference.

(kk)    Section 3302.3.5 is added to read as follows:

Section 3302.3.5 Special Fire Protection Systems

The following requirements shall apply during the installation of combustible framing members for projects covered by Section 3302.3.1:

1.    Fire Walls: Fire walls and doors should be installed as soon as possible during combustible construction activities to assist in compartmentalizing wood framed zones.

2.    Compartmentalization Walls: Compartmentalization wall construction shall be provided as follows:

a)    Interior walls shall be completed with plywood sheathing into areas not exceeding 2,500 square feet per compartment. Openings are not required to be protected.

b)    Corridor walls construction shall be completed with plywood sheathing in each 5,000 square foot segment of buildings. Openings are not required to be protected.

(ll)    Section 3302.3.6 is added to read as follows:

Section 3302.3.6 Other Combustible Materials

The following measures are required for projects covered by Section 3302.3.1:

1.    Combustible Debris: Wood, cardboard, packing material, form lumber, and similar combustible debris shall not be accumulated within buildings. Such debris, rubbish, and waste material shall be removed from buildings daily.

2.    Oily Rags: Oily rags and similar material shall be stored in metal or other approved containers equipped with tight-fitting covers.

(Sec. 3 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-1.05 Delayed Enforcement for Accessory Dwelling Units.

In conformance with the provisions of California Health and Safety Code Section 17980.12, upon request of the owner of an accessory dwelling unit built before 2020, the Chief Building Official shall approve a five-year delay in enforcement of building code provisions if the Chief Building Official determines that correction of the violation is not necessary to protect health and safety.

(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021)