CHAPTER 5.
MECHANICAL CODE

Sections:

8-5.01    Title

8-5.02    Adoption

8-5.03    Applicability of California Mechanical Code Appendix Chapters

8-5.04    Amendments to California Mechanical Code

8-5.01 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. 7 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-5.02 Adoption.

The following documents are hereby collectively adopted as the Mechanical 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 Uniform Mechanical Code (UMC) as amended by the State and known as the 2019 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. 7 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-5.03 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

Residential Plan Examiner Review Form for HVAC System Design

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

E

Sustainable Practices

Not Applicable/Not Adopted

F

Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design

Not Applicable/Not Adopted

G

Example Calculation of Outdoor Air Rate

Not Applicable/Not Adopted

(Sec. 7 (part), Ord. 19-012, eff. Jan. 2, 2020)

8-5.04 Amendments to California Mechanical Code.

The 2019 California Mechanical Code is hereby amended as follows:

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

101.1 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 103.0 is added to read as follows:

103.0 Duties and Powers of the Authority Having Jurisdiction. 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.

(c)    Section 104.4.4.1 is added and amended to read as follows:

104.4.4.1 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 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 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.

(d)    Section 104.5 is amended to read as follows:

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

(e)    Section 104.5.3 added to read as follows:

104.5.3 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.

(f)    Section 104.5.4 is added to read as follows:

104.5.4 Plan Review Fees. When submittal documents are required by Section 103.3 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 second 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.

(Sec. 7 (part), Ord. 19-012, eff. Jan. 2, 2020)