CHAPTER 4.
RESIDENTIAL CODE

Sections:

8-4.01    Title

8-4.02    Adoption

8-4.03    Applicability of California Residential Code Appendix Chapters

8-4.04    Amendments to California Residential Code

8-4.01 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. 6 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-4.02 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 2018 International Residential Code (IRC) as amended by the State and known as the 2019 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. 6 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-4.03 Applicability of California Residential Code Appendix Chapters.

Wherever in the California Residential 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

Reserved

Not Applicable/Not Adopted

B

Reserved

Not Applicable/Not Adopted

C

Reserved

Not Applicable/Not Adopted

D

Reserved

Not Applicable/Not Adopted

E

Reserved

Not Applicable/Not Adopted

F

Radon Control Methods

Not Applicable/Not Adopted

G

Reserved

Not Applicable/Not Adopted

H

Patio Covers

Applicable HCD 1

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

Reserved

Not Applicable/Not Adopted

N

Reserved

Not Applicable/Not Adopted

O

Automobile Vehicular Gates

Not Applicable/Not Adopted

P

Reserved

Not Applicable/Not Adopted

Q

Tiny Houses

Applicable HCD 1 and 2

R

Light Straw-Clay Construction

Not Applicable/Not Adopted

S

Straw Bale Construction

Not Applicable/Not Adopted

T

Solar Ready Provisions

Detached R3 and Townhouses

Not Applicable/Not Adopted

U

Reserved

Not Applicable/Not Adopted

V

Swimming Pool Safety Act

Not Applicable/Not Adopted

W

Areas Protected Facilities of Central Valley Flood Protection

Not Applicable/Not Adopted

X

Emergency Housing

Applicable HCD 1

(Sec. 6 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-4.04 Amendments to California Residential Code.

The 2019 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 R101.4 is added to read as follows:

R101.4 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 R101.5 is added to read as follows:

R101.5 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 R103.1 is amended to read as follows:

R103.1 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.

(e)    Section R104.12 is added to read as follows:

Unsafe or Dangerous Conditions. Nothing in this section 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.

(f)    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:

5.    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.

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

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.

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

105.5.1 Renewal 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 R108.1 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.

(h)    Section R105.5.2 is added to read as follows:

R105.5.2 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 R108.1 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 one (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.

(i)    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 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.

(j)    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 addition fee, if any, has been paid in accordance with the City of Emeryville Master Fee Schedule.

(k)    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 second 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 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.

(l)    Section R108.1.2 is repealed.

(m)    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.

(n)    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, 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 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.

(o)    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 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.

(p)    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.

(q)    Section R110.3 is amended to read as follows:

R110.3 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.    Statement that the described portion of the structure has been inspected for compliance with the requirements of this code.

6.    The name of the Building Official.

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

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

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

10.    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.

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