Heads up:
There are no amended sections in this chapter.
Adopting agency | BSC | BSC-CG | SFM | HCD | DSA | OSHPD | BSCC | DPH | AGR | DWR | CEC | CA | SL | SLC | |||||||||
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1 | 2 | 1-AC | AC | SS | SS/CC | 1 | 1R | 2 | 3 | 4 | 5 | ||||||||||||
Adopt entire chapter | |||||||||||||||||||||||
Adopt entire chapter as amended (amended sections listed below) |
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Adopt only those sections that are listed below |
X | X | X | X | X | X | X | X | X | X | |||||||||||||
Chapter / Section | |||||||||||||||||||||||
1.1.0 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.1 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.2 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.3 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.3.1 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.3.2 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.4 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.5 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.6 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.7 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.7.1 | X | X | X | X | X | X | |||||||||||||||||
1.1.7.2 | X | X | X | X | X | X | |||||||||||||||||
1.1.7.3 | X | X | X | X | X | X | |||||||||||||||||
1.1.8 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.9 | X | X | X | X | X | X | X | X | X | ||||||||||||||
1.1.9 Exception | X | X | |||||||||||||||||||||
1.1.10 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.11 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.1.12 | X | X | X | X | X | X | X | X | X | X | |||||||||||||
1.2.0 and 1.2.1.4 | X | ||||||||||||||||||||||
1.2.2 | X | ||||||||||||||||||||||
1.2.3 | X | ||||||||||||||||||||||
1.8.0 - 1.8.10 and subsections | X | X | |||||||||||||||||||||
1.9.0 | X | X | |||||||||||||||||||||
1. 9. 1 | X | ||||||||||||||||||||||
1.9.2 | X | X | |||||||||||||||||||||
1.9.2.1 & 1.9.2.1.1 | X | ||||||||||||||||||||||
1.9.2.2 & 1.9.2.2.1 | X | ||||||||||||||||||||||
1.10.1 and subsections | X | X | |||||||||||||||||||||
1.10.2 and subsections | X | ||||||||||||||||||||||
1.10.3 and subsections | X | ||||||||||||||||||||||
1.10.4 and subsections | X | ||||||||||||||||||||||
1.10.5 and subsections | X | ||||||||||||||||||||||
1.11.0 | X | ||||||||||||||||||||||
Division II - Administration | |||||||||||||||||||||||
101.0-104.1 | X | X | X | X | X | X | |||||||||||||||||
104.2 (Items 1 - 5) | X | X | |||||||||||||||||||||
104.3 -107.0 | X | X | X | X |
The Office of the State Fire Marshal's adoption of this chapter or individual sections is applicable to structures regulated by other state agencies pursuant to Section 1.11.0.
Division I California Administration
These regulations shall be known as the California
Mechanical Code, may be cited as such and will be referred to
herein as "this code." The California Mechanical Code is
Part 4 of thirteen parts of the official compilation and publication
of the adoption, amendment, and repeal of mechanical
regulations to the California Code of Regulations, Title 24,
also referred to as the California Building Standards Code.
This part incorporates by adoption the 2018 Uniform Mechanical
Code of the International Association of Plumbing and
Mechanical Officials with necessary California amendments.
The purpose of this code is to establish the
minimum requirements to safeguard the public health, safety
and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities,
sanitation, adequate lighting and ventilation, and energy
conservation; safety to life and property from fire and other
hazards attributed to the built environment; and to provide
safety to fire fighters and emergency responders during emergency
operations.
The provisions of this code shall apply to the
construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location, maintenance,
removal, and demolition of every building or
structure or any appurtenances connected or attached to such
buildings or structures throughout the State of California.
Except as modified by local ordinance
pursuant to Section 1.1.8, the following standards in the
California Code of Regulations, Title 24, Parts 2, 2.5, 3,
4, 5, 6, 9, 10 and 11 shall apply to all occupancies and
applications not regulated by a state agency.
The model code, state amendments to the
model code, and/or state amendments where there are no
relevant model code provisions shall apply to the
following buildings, structures, and applications regulated by state agencies as specified in Sections 1.2.0
through 1.14.0, except where modified by local ordinance
pursuant to Section 1.1.8. When adopted by a state
agency, the provisions of this code shall be enforced by
the appropriate enforcing agency, but only to the extent of
authority granted to such agency by the state legislature.
Note: See Preface to distinguish the model code provisions from the California provisions.
Note: See Preface to distinguish the model code provisions from the California provisions.
- State-owned buildings, including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California, and regulated by the Building Standards Commission. See Section 1.2.0 for additional scope provisions.
- Section 1.3.0 is reserved for the Board of State and Community Corrections.
- Section 1.4.0 is reserved for the Department of Consumer Affairs.
- Section 1.5.0 is reserved for the California Energy Commission.
- Section 1.6.0 is reserved for the Department of Food and Agriculture.
- Organized camps, laboratory animal quarters, public swimming pools, radiation protection, commissaries serving mobile food preparation vehicles, and wild animal quarantine facilities regulated by the Department of Public Health. See Section 1.7.0. for additional scope provisions.
- Hotels, motels, lodging houses, apartments, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions
- Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use areas serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of covered multifamily dwellings and new common-use areas serving new covered multifamily dwellings which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions.
- Permanent buildings and permanent accessory buildings or structures constructed within mobilehome parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 1.8.2.1.3 for additional scope provisions.
- Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.
- Public elementary and secondary schools, community college buildings and state-owned or state leased essential service buildings regulated by the Division of the State Architect. See Section 1.9.2 for additional scope provisions.
- Reserved for the State Historical Building Safety Board with the Division of the State Architect.
- General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 1.10.0 for additional scope provisions.
- Applications regulated by the Office of State Fire
Marshal include but are not limited to the following
in accordance with Section 1.11.0:
- Buildings or structures used or intended for use
as an:
- 1.1 Asylum, jail, prison.
- 1.2 Mental hospital, hospital, home for the elderly, children's nursery, children's home or institution, school or any similar occupancy of any capacity.
- 1.3 Theater, dance hall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room, or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.
- 1.4 Small family day care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities.
- 1.5 State institutions or other state-owned or state-occupied buildings.
- 1.6 High rise structures.
- 1.7 Motion picture production studios.
- 1.8 Organized camps.
- 1.9 Residential structures.
- Tents, awnings, or other fabric enclosures used in connection with any occupancy.
- Fire alarm devices, equipment, and systems in connection with any occupancy.
- Hazardous materials, flammable, and combustible liquids.
- Public school automatic fire detection, alarm, and sprinkler systems
- Wildland-urban interface fire areas.
- Buildings or structures used or intended for use
as an:
- Section 1.12.0 is reserved for public libraries constructed and renovated using funds from the California Library Construction and Renovation Bond Act of 1988 and regulated by the State Librarian.
- Section 1.13.0 is reserved for the Department of Water Resources.
- For applications listed in Section 1.9.1 regulated by the Division of the State Architect - Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapters 11A and 11B.
- Section 1.14.0 is reserved for Marine Oil Terminals regulated by the California State Lands Commission.
Provisions contained in the appendices of
this code shall not apply unless specifically adopted by a state
agency or adopted by a local enforcing agency in compliance
with Health and Safety Code Section 18901 et. seq. for
Building Standards Law, Health and Safety Code Section
17950 for State Housing Law and Health and Safety Code
Section 13869.7 for Fire Protection Districts. See Section
1.1.8 of this code.
The codes, standards and publications
adopted and set forth in this code, including other codes,
standards, and publications referred to therein are, by title
and date of publication, hereby adopted as standard reference
documents of this code. When this code does not specifically cover any subject related to building design and
construction, recognized architectural, or engineering practices
shall be employed. The National Fire Codes, standards,
and the Fire Protection Handbook of the National Fire
Protection Association are permitted to be used as authoritative
guides in determining recognized fire prevention engineering
practices.
Requirements contained in the Uniform Mechanical Code, or
in any other referenced standard, code or document, which
are not building standards as defined in Health and Safety
Code Section 18909, shall not be construed as part of the
provisions of this code. For nonbuilding standards, orders,
and regulations, see other titles of the California Code of
Regulations.
Where a specific provision
varies from a general provision, the specific provision
shall apply.
When the requirements of this code
conflict with the requirements of any other part of the
California Building Standards Code, Title 24, the most restrictive requirements shall prevail.
Detached one-and two-family dwellings, efficiency
dwelling units, lodging houses, live/work units,
townhouses not more than three stories above grade
plane in height with a separate means of egress, and their accessory structures, shall not be required to
comply with the California Residential Code if
constructed in accordance with the California
Building Code.
The provisions of this code do not limit the
authority of city, county, or city and county governments to
establish more restrictive and reasonably necessary differences
to the provisions contained in this code pursuant to complying
with Section 1.1.8.1. The effective date of amendments, additions,
or deletions to this code by a city, county, or city and
county filed pursuant to Section 1.1.8.1 shall be the date filed.
However, in no case shall the amendments, additions, or deletions
to this code be effective any sooner than the effective date
of this code.
Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts.
Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts.
- The city, county, or city and county shall make express findings for each amendment, addition, or deletion based upon climatic, topographical, or geological conditions.
Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings. - The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire departments shall file the amendments, additions, or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.
- Findings prepared by fire protection districts shall be ratified by the local city, county, or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P.O. Box 278180, Sacramento, CA 95827-8180 or 9342 Tech Center Drive, Suite 500, Sacramento, CA, 95826.
In addition to the provisions of
Section 1.1.8.1 of this part, the provisions of this section
apply to cities, counties, and cities and counties amending
adopted energy standards affecting buildings and structures
subject to the California Energy Code, Part 6.
Applicable provisions of Public Resources Code Section 25402.1 and applicable provisions of Chapter 10 of the California Administrative Code, Part 1 apply to local amendment of energy standards adopted by the California Energy Commission.
Applicable provisions of Public Resources Code Section 25402.1 and applicable provisions of Chapter 10 of the California Administrative Code, Part 1 apply to local amendment of energy standards adopted by the California Energy Commission.
Only those standards approved by the California Building Standards Commission that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code, see the History Note page of this code.
Exceptions:
- [HCD 1 & HCD 2] Retroactive permits issued in accordance with Health and Safety Code Section 17958.12.
- [HCD 1 & HCD 2] Plans approved by the Department of Housing and Community Development or a Department-approved design approval agency for factory-built housing as defined by Health and Safety Code Section 19971. Approved plans, pursuant to the California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, Article 3, Section 3048 remain valid for a period of 36 months from the date of plan approval.
At least one complete copy each
of Titles 8, 19, 20, 24, and 25 with all revisions shall be maintained
in the office of the building official responsible for the
administration and enforcement of this code. Each state
department concerned and each city, county, or city and
county shall have an up-to-date copy of the code available
for public inspection, see Health and Safety Code Section
18942(e)(1) and (2).
This part fundamentally adopts the Uniform
Mechanical Code by reference on a chapter-by-chapter basis.
When a specific chapter of the Uniform Mechanical Code is
not printed in the code and is marked "Reserved", such
chapter of the Uniform Mechanical Code is not adopted as a
portion of this code. When a specific chapter of the Uniform
Mechanical Code is marked "Not adopted by the State of
California" but appears in the code, it may be available for
adoption by local ordinance.
Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.
Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.
If any chapter, section, subsection, sentence,
clause, or phrase of this code is for any reason held to be
unconstitutional, contrary to statute, exceeding the authority
of the state as stipulated by statutes or otherwise inoperative,
such decision shall not affect the validity of the remaining
portion of this code.
Specific scope of application of the agency responsible for enforcement, the enforcement agency, and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.
- State Buildings for All Occupancies.
Application - State buildings (all occupancies), including buildings constructed by the Trustees of the California State University (CSU) and the Regents of the University of California (UC) where no state agency has the authority to adopt building standards applicable to such buildings.
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Health and Safety Code Section 18934.5.
Reference - Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. - University of California, California State Universities, and California Community Colleges.
Application - Standards for lighting for parking lots and primary campus walkways at the University of California, California State Universities, and California Community Colleges.
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Government Code Section 14617.
Reference - Government Code Section 14617. - Existing State-Owned Buildings, including those owned by the University of California and by the California State University - Building seismic retrofit standards including abating falling hazards of structural and nonstructural components and strengthening of building structures. See also Division of the State Architect.
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Government Code Section 16600.
References - Government Code Sections 16600 through 16604. - Unreinforced Masonry Bearing Wall Buildings.
Application - Minimum seismic strengthening standards for buildings specified in the California Existing Building Code, except for buildings subject to building standards adopted pursuant to Part 1.5 (commencing with Section 17910).
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Health and Safety Code Section 18934.7.
References - Health and Safety Code Division 13, Part 2.5 commencing with Sections 18901.
For purposes of this code, a
"state building" is a structure for which a state agency
or state entity has authority to construct, alter, enlarge,
replace, repair or demolish.
[CSU, UC, Judicial Council and
California Department of Corrections Rehabilitation]
state agencies or state entities authorized to construct
state buildings may appoint a building official who is
responsible to the agency for enforcement of the provisions
of the California Building Standards Code.
Exception: State buildings regulated by other sections
of this code remain the enforcement responsibility of the
designated entities.
The provisions
of this code applicable to buildings identified in this
section will be identified in the Matrix Adoption Tables
under the acronym BSC.
Specific scope of application of the agency
responsible for enforcement, the enforcement agency, and the
specific authority to adopt and enforce such provisions of this
code, unless otherwise stated.
- Green Building Standards for Nonresidential Occupancies.
Application - All occupancies where no other state agency has the authority to adopt green building standards applicable to those occupancies.
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Health and Safety Code Sections 18930.5, 18938 and 18940.5.
Reference - Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. - Graywater Systems for Nonresidential Occupancies.
Application - The construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies.
Enforcing Agency - State or local agency specified by the applicable provisions of law.
Authority Cited - Health & Safety Code Section 18941.8.
Reference - Health & Safety Code Section 18941.8.
The provisions of this code are
not intended to prevent the installation of any material or to
prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has
been approved. An alternative material, design, or method of
construction shall be approved where the building official finds
that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
Supporting data, where necessary
to assist in the approval of materials or assemblies
not specifically provided for in this code, shall consist of
valid research reports from approved sources.
Whenever there is insufficient evidence of
compliance with the provisions of this code, or evidence
that a material or method does not conform to the requirements
of this code, or in order to substantiate claims for
alternative materials or methods, the building official shall
have the authority to require tests as evidence of compliance
to be made at no expense to the jurisdiction. Test
methods shall be as specified in this code or by other recognized
test standards. In the absence of recognized and
accepted test methods, the building official shall approve
the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained by
the building official for the period required for retention of public records.
Specific scope of application of the agency responsible
for enforcement, the enforcement agency, and the specific
authority to adopt and enforce such provisions of this code,
unless otherwise stated.
Board of Pharmacy.
Application - Pharmacies.
Enforcing Agency - State or local agency specified by applicable provisions of law.
Authority Cited - Business and Professions Code Section 4005.
References - Business and Professions Code Sections 4005, 4127.7, and 4201.
Application - Pharmacies.
Enforcing Agency - State or local agency specified by applicable provisions of law.
Authority Cited - Business and Professions Code Section 4005.
References - Business and Professions Code Sections 4005, 4127.7, and 4201.
The provisions of this
code applicable to buildings identified in this section will be
identified in the Matrix Adoption Tables under the acronym
CA.
Specific scope of application of
the agency responsible
for enforcement, the enforcement agency, and the specific
authority to adopt and enforce such provisions of this code,
unless otherwise stated.
Department of Public Health.
Application - Food establishments.
Enforcing Agency - Department of Health Services and the local health agency.
Authority Cited - Health and Safety Code Sections 110065, 113710, and 131200.
References - Health and Safety Code Sections 110065, 113705, 114140, and 131200.
Application - Food establishments.
Enforcing Agency - Department of Health Services and the local health agency.
Authority Cited - Health and Safety Code Sections 110065, 113710, and 131200.
References - Health and Safety Code Sections 110065, 113705, 114140, and 131200.
The provisions of this
code applicable to buildings identified in this section will be
identified in the Matrix Adoption Tables under the acronym
DPH.
The purpose of this code is to establish the
minimum requirements necessary to protect the health, safety,
and general welfare of the occupants and the public by
governing the erection, construction, reconstruction, enlargement,
conversion, alteration, repair, moving, removal, demolition,
ventilation, and maintenance or use of heating,
ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances.
The Department of Housing and
Community Development is authorized by law to promulgate and adopt building standards and regulations for
several types of building applications. The applications
under the authority of the Department of Housing and
Community Development are listed in Sections 1.8.2.1.1
through 1.8.2.1.3.
Application - Hotels, motels, lodging houses, apartments,
dwellings, dormitories, condominiums, shelters
for homeless persons, congregate residences,
employee housing, factory-built housing, and other
types of dwellings containing sleeping accommodations
with or without common toilet or cooking facilities
including accessory buildings, facilities, and
uses thereto. Sections of this code which pertain to
applications listed in this section are identified using
the abbreviation "HCD 1".
Enforcing Agency - Local building department or the Department of Housing and Community Development.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.
Enforcing Agency - Local building department or the Department of Housing and Community Development.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.
Application - Covered multifamily dwellings as
defined in Chapter 2 of the California Code of Regulations,
Title 24, Part 2, also known as the California
Building Code including, but not limited to, lodging
houses, dormitories, timeshares, condominiums, shelters
for homeless persons, congregate residences,
apartments, dwellings, employee housing, factory built
housing, and other types of dwellings containing
sleeping accommodations with or without common
toilet or cooking facilities.
Sections of this code identified by the abbreviation "HCD 1-AC" require specific accommodations for persons with disabilities as defined in Chapter 2 of the California Building Code. The application of such provisions shall be in conjunction with other requirements of this code and apply only to newly constructed covered multifamily dwellings as defined in Chapter 2 of the California Building Code. "HCD 1-AC" applications include, but are not limited to, the following:
Newly constructed covered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11B.
Enforcing Agency - Local building department or the Department of Housing and Community Development.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 129 55.1.1.
Sections of this code identified by the abbreviation "HCD 1-AC" require specific accommodations for persons with disabilities as defined in Chapter 2 of the California Building Code. The application of such provisions shall be in conjunction with other requirements of this code and apply only to newly constructed covered multifamily dwellings as defined in Chapter 2 of the California Building Code. "HCD 1-AC" applications include, but are not limited to, the following:
- All newly-constructed covered multifamily dwellings as defined in Chapter 2 of the California Building Code.
- New common use areas as defined in Chapter 2 of the California Building Code serving existing covered multifamily dwellings.
- Additions to existing buildings, where the addition alone meets the definition of covered multifamily dwellings as defined in Chapter 2 of the California Building Code.
- New common use areas serving new covered multifamily dwellings.
- Where any portion of a building's exterior is preserved, but the interior of the building is removed, including all structural portions of floors and ceilings, the building is considered a new building for determining the application of California Building Code, Chapter 11A.
Newly constructed covered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11B.
Enforcing Agency - Local building department or the Department of Housing and Community Development.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 129 55.1.1.
Application - Permanent buildings, and permanent
accessory buildings or structures, constructed
within mobilehome parks and special occupancy
parks that are under the control and ownership of
the park operator. Sections of this code which
pertain to applications listed in this section are identified
using the abbreviation "HCD 2".
Enforcing Agency - The Department of Housing and Community Development, local building department or other local agency that has assumed responsibility for the enforcement of Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 for mobilehome parks and Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 for special occupancy parks.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.
Enforcing Agency - The Department of Housing and Community Development, local building department or other local agency that has assumed responsibility for the enforcement of Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 for mobilehome parks and Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 for special occupancy parks.
Authority Cited - Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.
References - Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.
The building department of
every city county, or city and county shall enforce all the
provisions of this code, and the other rules and regulations
promulgated by the Department of Housing and
Community Development pertaining to the installation,
erection, construction, reconstruction, movement,
enlargement, conversion, alteration, repair, removal,
demolition, or arrangement of apartments, condominiums, hotels, motels, lodging houses, and dwellings,
including accessory buildings, facilities, and uses
thereto.
The provisions regulating the erection and construction of dwellings and appurtenant structures shall not apply to existing structures as to which construction is commenced or approved prior to the effective date of these regulations. Requirements relating to use, maintenance, and occupancy shall apply to all dwellings and appurtenant structures approved for construction or constructed before or after the effective date of this code.
For additional information regarding the use and occupancy of existing buildings and appurtenant structures, see California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
The provisions regulating the erection and construction of dwellings and appurtenant structures shall not apply to existing structures as to which construction is commenced or approved prior to the effective date of these regulations. Requirements relating to use, maintenance, and occupancy shall apply to all dwellings and appurtenant structures approved for construction or constructed before or after the effective date of this code.
For additional information regarding the use and occupancy of existing buildings and appurtenant structures, see California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
Other than the
building standards contained in this code, and notwithstanding
other provisions of law, the statutory authority
and location of the laws, rules, and regulations to be
enforced by local enforcing agencies are listed by statute
in Sections 1.8.3.2.1 through 1.8.3.2.5.
Refer to the State
Housing Law, California Health and Safety Code,
Division 13, Part 1.5, commencing with Section
17910, and California Code of Regulations, Title 25,
Division 1, Chapter 1, Subchapter 1, commencing with Section 1, for the erection, construction, reconstruction,
movement, enlargement, conversion, alteration,
repair, removal, demolition, or arrangement of
apartments, condominiums, hotels, motels, lodging
houses, and dwellings, including accessory buildings,
facilities, and uses thereto.
Refer to the
Mobilehome Parks Act, California Health and
Safety Code, Division 13, Part 2.1, commencing
with Section 18200 and California Code of Regulations,
Title 25, Division 1, Chapter 2, commencing
with Section 1000 for mobilehome park administrative
and enforcement authority, permits, plans,fees,
violations, inspections, and penalties both within
and outside mobilehome parks.
Exception: Mobilehome parks where the Department
of Housing and Community Development is the
enforcing agency.
Refer to the
Special Occupancy Parks Act, California Health and
Safety Code, Division 13, Part 2.3, commencing with
Section 18860 and California Code of Regulations,
Title 25, Division 1, Chapter 2.2, commencing with
Section 2000 for special occupancy park administrative
and enforcement authority, permits, fees, violations,
inspections, and penalties both within and
outside of special occupancy parks.
Exception: Special occupancy parks where the
Department of Housing and Community Development
is the enforcing agency.
Refer to the
Employee Housing Act, California Health and
Safety Code, Division 13, Part 1, commencing with
Section 17000 and California Code of Regulations,
Title 25, Division 1, Chapter 1, Subchapter 3,
commencing with Section 600 for employee housing
administrative and enforcement authority, permits,
fees, violations, inspections, and penalties.
Refer to the
Factory-Built Housing Law, California Health and
Safety Code, Division 13, Part 6, commencing with
Section 19960 and California Code of Regulations,
Title 25, Division 1, Chapter 3, Subchapter 1,
commencing with Section 3000 for factory-built
housing administrative and enforcement authority,
permits, fees, violations, inspections, and penalties.
A written construction permit shall be
obtained from the enforcing agency prior to the erection,
construction, reconstruction, installation, relocation, or
alteration of any mechanical system.
Exceptions:
Exemptions from permit requirements shall not be deemed
to grant authorization for any work to be done in any
manner in violation of other provisions of law or this code.- Work exempt from permits as specified in Chapter 1, Administration, Division 11, Section 104.2 Items (1) through (5) of this code.
- Changes, alterations, or repairs of a minor nature not affecting structural features, egress, sanitation, safety, or accessibility as determined by the enforcing agency.
- Retroactive permits issued in accordance with Health and Safety Code Section 17958.12.
Subject to other provisions of law, the
governing body of any city, county, or city and county may
prescribe fees to defray the cost of enforcement of rules
and regulations promulgated by the Department of
Housing and Community Development. The amount of
the fees shall not exceed the amount reasonably necessary
to administer or process permits, certificates, forms,
or other documents, or to defray the costs of enforcement.
For additional information, see State Housing Law,
Health and Safety Code, Division 13, Part 1.5, Section
17951 and California Code of Regulations, Title 25, Division
1, Chapter 1, Subchapter 1, Article 3, commencing
with Section 6.
Subject to
other provisions of law, provisions related to plan
checking, prohibition of excessive delays, and contracting
with or employment of private parties to perform plan
checking are set forth in the State Housing Law, Health
and Safety Code Section 17960.1, and for employee
housing, in Health and Safety Code Section 17021.
The building department
of every city, county, or city and county shall
maintain an official copy, microfilm, or electronic
or other type of photographic copy of the plans of
every building, during the life of the building, for
which the department issued a building permit.
Exceptions:
All plans for common interest developments as
defined in Section 4100 of the California Civil Code
shall be retained. For additional information
regarding plan retention and reproduction of plans
by an enforcing agency, see Health and Safety Code
Sections 19850 through 19852.- Single or multiple dwellings not more than two stories and basement in height.
- Garages and other structures appurtenant to buildings listed in Exception 1.
- Farm or ranch buildings appurtenant to buildings listed in Exception 1.
- Any one-story building where the span between bearing walls does not exceed 25 feet (7620 mm), except a steel frame or concrete building.
Construction or work for which a
permit is required shall be subject to inspection by the
building official and such construction or work shall
remain accessible and exposed for inspection purposes
until approved. Approval as a result of an inspection
shall not be construed to be an approval of a violation of
the provisions of this code or other regulations of the
Department of Housing and Community Development.
Subject to other provisions of law, officers
and agents of the enforcing agency may enter and
inspect public and private properties to secure compliance
with the rules and regulations promulgated by the
Department of Housing and Community Development.
For limitations and additional information regarding
enforcement, see the following:
- For applications subject to State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
- For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200, and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
- For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860, and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
- For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
- For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.
Subject to other provisions of law, a city,
county, or city and county may make changes to the provisions
adopted by the Department of Housing and
Community Development. If any city, county, or city and
county does not amend, add, or repeal by local ordinances
or regulations the provisions published in this
code or other regulations promulgated by the Department
of Housing and Community Development, those provisions
shall be applicable and shall become effective 180
days after publication by the California Building Standards
Commission. Amendments, additions, and deletions
to this code adopted by a city, county, or city and county
pursuant to California Health and Safety Code Sections
17958.5, 17958.7 and 18941.5, together with all applicable
portions of this code, shall also become effective
180 days after publication of the California Building
Standards Code by the California Building Standards
Commission.
Prior to making any modifications or
establishing more restrictive building standards, the
governing body shall make express findings and filings,
as required by California Health and Safety Code Section
17958.7, showing that such modifications are reasonably
necessary due to local climatic, geological, or topographical
conditions. No modification shall become
effective or operative unless the following requirements
are met:
- The express findings shall be made available as a public record.
- A copy of the modification and express finding, each document marked to cross-reference the other, shall be filed with the California Building Standards Commission for a city, county, or city and county, and with the Department of Housing and Community Development for fire protection districts.
- The California Building Standards Commission has not rejected the modification or change.
The provisions of this code as adopted
by the Department of Housing and Community Development are not intended to prevent the use of any alternate
material, appliance, installation, device, arrangement,
design, or method of construction not specifically
prescribed by this code. Consideration and approval of
alternates shall comply with Section 1.8.7.2 for local
building departments and Section 1.8.7.3 for the Department of Housing and Community Development.
The building
department of any city, county, or city and county may
approve alternates for use in the erection, construction,
reconstruction, movement, enlargement, conversion,
alteration, repair, removal, demolition, or arrangement
of apartments, condominiums, hotels, motels, lodging
houses, dwellings, or accessory structures, except for the
following:
- Structures located in mobilehome parks as defined in California Health and Safety Code Section 18214.
- Structures located in special occupancy parks as defined in California Health and Safety Code Section 18862.43.
- Factory-built housing as defined in California Health and Safety Code Section 19971.
The consideration
and approval of alternates by a local building
department shall comply with the following procedures
and limitations:
- The approval shall be granted on a case-by case basis.
- Evidence shall be submitted to substantiate claims that the proposed alternate, in performance, safety, and protection of life and health, conforms to, or is at least equivalent to, the standards contained in this code and other rules and regulations promulgated by the Department of Housing and Community Development.
- The local building department may require tests performed by an approved testing agency at the expense of the owner or owners agent as proof of compliance.
- If the proposed alternate is related to accessibility in covered multifamily dwellings or facilities serving covered multifamily dwellings as defined in Chapter 2 of the California Building Code, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2 of the California Building Code.
The Department of Housing and Community
Development may approve alternates for use in the erection,
construction, reconstruction, movement, enlargement,
conversion, alteration, repair, removal, or
demolition of apartments, condominiums, hotels, motels,
lodging houses, dwellings, or accessory structures thereto,
and permanent buildings in mobilehome parks and special
occupancy parks. The consideration and approval of alternates
shall comply with the following:
- The department may require tests at the expense of the owner or owner's agent to substantiate compliance with the California Building Standards Code.
- The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests, or methods of construction prescribed by this code.
Every city, county, or city and county shall
establish a process to hear and decide appeals of orders,
decisions, and determinations made by the enforcing
agency relative to the application and interpretation of this
code and other regulations governing construction, use,
maintenance and change of occupancy. The governing
body of any city, county, or city and county may establish
a local appeals board and a housing appeals board to serve
this purpose. Members of the appeals board(s) shall not be
employees of the enforcing agency and shall be knowledgeable
in the applicable building codes, regulations and
ordinances as determined by the governing body of the city,
county, or city and county.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.
The following terms shall for the
purposes of this section have the meaning shown.
Housing Appeals Board. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance, and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition, and moving. In any area in which there is no such board or agency, "Housing Appeals Board" means the local appeals board having jurisdiction over the area.
Local Appeals Board. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, "Local Appeals Board" means the governing body of the city, county, or city and county having jurisdiction over the area.
Housing Appeals Board. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance, and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition, and moving. In any area in which there is no such board or agency, "Housing Appeals Board" means the local appeals board having jurisdiction over the area.
Local Appeals Board. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, "Local Appeals Board" means the governing body of the city, county, or city and county having jurisdiction over the area.
Except as otherwise provided by law, any person, firm, or corporation adversely affected by a decision, order, or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.
The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.
The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.
Subject to other provisions
of law, the administration, enforcement, actions, proceedings,
abatement, violations, and penalties for unsafe
buildings and structures are contained in the following
statutes and regulations:
- For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. For enforcement related to accessory dwelling units, see Health and Safety Code Section 17980.12 operative until January 1, 2035
- For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
- For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
- For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
- For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.
Subject to other provisions
of law, punishments, penalties, and fines for violations
of building standards are contained in the following
statutes and regulations:
- For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
- For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
- For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
- For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
- For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.
Notwithstanding other
provisions of law, the replacement, retention, and extension
of original materials and the use of original methods
of construction for any existing building or accessory
structure, or portions thereof, shall be permitted in accordance
with the provisions of this code and the California Existing Building Code, as adopted by the Department of
Housing and Community Development. For additional
information, see California Health and Safety Code,
Sections 17912, 17920.3, 17922 and 17958.8.
Subject to the requirements of
California Health and Safety Code Sections 17922,
17922.3 and 17958.9, local ordinances or regulations
relating to a moved residential building or accessory
structure thereto, shall permit the replacement, retention,
and extension of original materials and the use of original
methods of construction so long as the structure does not
become or continue to be a substandard building.
Application - Public elementary and secondary schools,
community college buildings, and state-owned or state-leased
essential services buildings.
Enforcing Agency - Division of the State Architect - Structural Safety (DSA-SS).
The Division of the State Architect has been delegated the responsibility and authority by the Department of General Services to review and approve the design and oversee and observe the construction of public elementary and secondary schools, community colleges, and state-owned or state-leased essential services buildings.
Authority Cited - Education Code Sections 17310 and 81142, and Health & Safety Code Section 16022.
References - Education Code Sections 17280 through 17317 and 81130 through 81147, and Health & Safety Code Sections 16000 through 16023.
Enforcing Agency - Division of the State Architect - Structural Safety (DSA-SS).
The Division of the State Architect has been delegated the responsibility and authority by the Department of General Services to review and approve the design and oversee and observe the construction of public elementary and secondary schools, community colleges, and state-owned or state-leased essential services buildings.
Authority Cited - Education Code Sections 17310 and 81142, and Health & Safety Code Section 16022.
References - Education Code Sections 17280 through 17317 and 81130 through 81147, and Health & Safety Code Sections 16000 through 16023.
The provisions
of this code applicable to buildings identified
in this Subsection 1.9.2.1 will be identified in the
Matrix Adoption Tables under the acronym DSA-SS.
Application - Community Colleges.
The Division of the State Architect has been delegated the authority by the Department of General Services to promulgate alternate building standards for application to community colleges, which a community college may elect to use in lieu of standards promulgated by DSA-SS, in accordance with Section 1.9.2.1. Refer to Title 24, Part 2, Section 1.9.2.2.
Enforcing Agency - Division of the State Architect - Structural Safety/Community Colleges (DSA-SS/CC).
The Division of the State Architect has been delegated the authority by the Department of General Services to review and approve the design and oversee and observe the construction of community colleges electing to use the alternative building standards as provided in this section.
Authority Cited - Education Code Section 81053.
References - Education Code Sections 81052, 81053, and 81130 through 81147.
The Division of the State Architect has been delegated the authority by the Department of General Services to promulgate alternate building standards for application to community colleges, which a community college may elect to use in lieu of standards promulgated by DSA-SS, in accordance with Section 1.9.2.1. Refer to Title 24, Part 2, Section 1.9.2.2.
Enforcing Agency - Division of the State Architect - Structural Safety/Community Colleges (DSA-SS/CC).
The Division of the State Architect has been delegated the authority by the Department of General Services to review and approve the design and oversee and observe the construction of community colleges electing to use the alternative building standards as provided in this section.
Authority Cited - Education Code Section 81053.
References - Education Code Sections 81052, 81053, and 81130 through 81147.
The provisions
of this code applicable to buildings identified in
this Subsection 1.9.2.2 will be identified in the Matrix
Adoption Tables under the acronym DSA-SS/CC.
Specific scope of application of the agency responsible for enforcement, enforcement agency, specific authority to adopt and enforce such provisions of this code, unless otherwise stated.
OSHPD 1 and OSHPD 1R
Application - [OSHPD 1] General acute-care hospital buildings. [OSHPD 1R] Non-conforming hospital SPC or freestanding buildings that have been removed from acute care service.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.
Application - [OSHPD 1] General acute-care hospital buildings. [OSHPD 1R] Non-conforming hospital SPC or freestanding buildings that have been removed from acute care service.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.
The provisions
of this code applicable to buildings identified in this
Subsection 1.10.1 will be identified in the Matrix Adoption
Tables under the acronym OSHPD 1, and OSHPD 1R.
Specific scope of application of the agency responsible for enforcement, enforcement agency, specific authority to adopt and enforce such provisions of this code, unless otherwise stated.
OSHPD 2
Application - Skilled nursing facilities and intermediate - care facility buildings.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility type.
Application - Skilled nursing facilities and intermediate - care facility buildings.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility type.
The provisions
of this code applicable to buildings identified in this
Subsection 1.10.2 will be identified in the Matrix Adoption
Tables under the acronym OSHPD 2.
Specific scope of application of the agency
responsible for enforcement, enforcement agency, specific
authority to adopt and enforce such provisions of this code,
unless otherwise stated.
OSHPD 3
Application - Licensed clinics and any freestanding building under a hospital license where outpatient clinical services are provided.
Enforcing Agency - Local building department.
Application - Licensed clinics and any freestanding building under a hospital license where outpatient clinical services are provided.
Enforcing Agency - Local building department.
California
Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10, and 11.
Authority Cited - Health and Safety Code Sections 127010, 127015, and 1226.
References - Health and Safety Code Sections 127010, 127015, 129885, and 1226, Government Code Section 54350, and State Constitution Article 11 Section 7.
Authority Cited - Health and Safety Code Sections 127010, 127015, and 1226.
References - Health and Safety Code Sections 127010, 127015, 129885, and 1226, Government Code Section 54350, and State Constitution Article 11 Section 7.
The provisions
of this code applicable to buildings identified in this
Subsection 1.10.3 will be identified in the Matrix Adoption
Tables under the acronym OSHPD 3.
Specific scope of application of the agency
responsible for enforcement, enforcement agency, specific
authority to adopt and enforce such provisions of this code,
unless otherwise stated.
OSHPD 4
Application - Correctional Treatment Centers.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The Office shall also enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.
Application - Correctional Treatment Centers.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The Office shall also enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.
The provisions
of this code applicable to buildings identified in this
Subsection 1.10.4 will be identified in the Matrix Adoption
Tables under the acronym OSHPD 4.
Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.
OSHPD 5
Application - Acute psychiatric hospital buildings.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect — Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility types.
Application - Acute psychiatric hospital buildings.
Enforcing Agency - Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect — Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility types.
The provisions
of this code applicable to buildings identified in this
Subsection 1.10.5 will be identified in the Matrix Adoption
Tables under the Acronym OSHPD 5.
Specific
scope of application of the agency responsible for enforcement,
the enforcement agency and the specific authority to
adopt and enforce such provisions of this code, unless otherwise
stated.
Application:
Institutional, Educational, or any Similar Occupancy. Any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, sanitarium, home for the aged, children's nursery, children's home, school, or any similar occupancy of any capacity.
Authority Cited - Health and Safety Code Section 13143.
Reference - Health and Safety Code Section 13143.
Assembly or Similar Place of Assemblage. Any theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.
Authority Cited - Health and Safety Code Section 13143.
Reference - Health and Safety Code Section 13143.
Small Family Day Care Homes.
Authority Cited - Health and Safety Code Sections 1597.45, 1597.54, 13143, and 17921.
Reference - Health and Safety Code Section 13143.
Large Family Day Care Homes.
Authority Cited - Health and Safety Code Sections 1597.46, 1597.54, and 17921.
Reference - Health and Safety Code Section 13143.
Residential Facilities and Residential Facilities for the Elderly.
Authority Cited - Health and Safety Code Section 13133.
Reference - Health and Safety Code Section 13143.
Any State Institution, Other State-Owned or State-Occupied Building.
Authority Cited - Health and Safety Code Section 13108.
Reference - Health and Safety Code Section 13143.
High-Rise Structures.
Authority Cited - Health and Safety Code Section 13211.
Reference - Health and Safety Code Section 13143.
Motion Picture Production Studios.
Authority Cited - Health and Safety Code Section 13143.1.
Reference - Health and Safety Code Section 13143.
Organized Camps.
Authority Cited - Health and Safety Code Section 18897.3.
Reference - Health and Safety Code Section 13143.
Residential. All hotels, motels, lodging houses, apartment houses, and dwellings, including congregate residences and buildings and structures accessory thereto. Multiple-story structures existing on January 1, 1975, let for human habitation, including and limited to, hotels, motels and apartment houses, less than 75 feet (22 860 mm) above the lowest floor level having building access, wherein rooms used for sleeping are let above the ground floor:
Authority Cited - Health and Safety Code Sections 13143.2 and 17921.
Reference - Health and Safety Code Section 13143.
Residential Care Facilities. Certified family care homes, out-of-home placement facilities, halfway houses, drug and/or alcohol rehabilitation facilities and any building or structure used or intended for use as a home or institution for the housing of any person of any age when such person is referred to or placed within such home or institution for protective social care and supervision services by any governmental agency.
Authority Cited - Health and Safety Code Section 13143.6.
Reference - Health and Safety Code Section 13143.
Tents, Awnings, or other Fabric Enclosures Used in Connection with any Occupancy.
Authority Cited - Health and Safety Code Section 13116.
Reference - Health and Safety Code Section 13143.
Fire Alarm, Devices, Equipment, and Systems in Connection with any Occupancy.
Authority Cited - Health and Safety Code Section 13114.
Reference - Health and Safety Code Section 13143.
Hazardous Materials.
Authority Cited - Health and Safety Code Section 13143.9.
Reference - Health and Safety Code Section 13143.
Flammable and Combustible Liquids.
Authority Cited - Health and Safety Code Section 13143.6.
Reference - Health and Safety Code Section 13143.
Public School Automatic Fire Detection, Alarm, and Sprinkler Systems.
Authority Cited - Health and Safety Code Section 13143 and California Education Code Article 7.5, Sections 17074.50, 17074.52, and 17074.54.
References - Government Code Section 11152.5, Health and Safety Code Section 13143 and California Education Code Chapter 12.5, Leroy F Greene School Facilities Act of 1998, Article 1.w.
Wildland-Urban Interface Fire Area.
Authority Cited - Health and Safety Code Sections 13143, 13108.5(a), 18949.2(b), (c) and Government Code Section 51189.
References - Health and Safety Code Sections 13143, Government Code Sections 51176, 51177, 51178, and 51179 and Public Resources Code Sections 4201 through 4204.
Application:
Institutional, Educational, or any Similar Occupancy. Any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, sanitarium, home for the aged, children's nursery, children's home, school, or any similar occupancy of any capacity.
Authority Cited - Health and Safety Code Section 13143.
Reference - Health and Safety Code Section 13143.
Assembly or Similar Place of Assemblage. Any theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.
Authority Cited - Health and Safety Code Section 13143.
Reference - Health and Safety Code Section 13143.
Small Family Day Care Homes.
Authority Cited - Health and Safety Code Sections 1597.45, 1597.54, 13143, and 17921.
Reference - Health and Safety Code Section 13143.
Large Family Day Care Homes.
Authority Cited - Health and Safety Code Sections 1597.46, 1597.54, and 17921.
Reference - Health and Safety Code Section 13143.
Residential Facilities and Residential Facilities for the Elderly.
Authority Cited - Health and Safety Code Section 13133.
Reference - Health and Safety Code Section 13143.
Any State Institution, Other State-Owned or State-Occupied Building.
Authority Cited - Health and Safety Code Section 13108.
Reference - Health and Safety Code Section 13143.
High-Rise Structures.
Authority Cited - Health and Safety Code Section 13211.
Reference - Health and Safety Code Section 13143.
Motion Picture Production Studios.
Authority Cited - Health and Safety Code Section 13143.1.
Reference - Health and Safety Code Section 13143.
Organized Camps.
Authority Cited - Health and Safety Code Section 18897.3.
Reference - Health and Safety Code Section 13143.
Residential. All hotels, motels, lodging houses, apartment houses, and dwellings, including congregate residences and buildings and structures accessory thereto. Multiple-story structures existing on January 1, 1975, let for human habitation, including and limited to, hotels, motels and apartment houses, less than 75 feet (22 860 mm) above the lowest floor level having building access, wherein rooms used for sleeping are let above the ground floor:
Authority Cited - Health and Safety Code Sections 13143.2 and 17921.
Reference - Health and Safety Code Section 13143.
Residential Care Facilities. Certified family care homes, out-of-home placement facilities, halfway houses, drug and/or alcohol rehabilitation facilities and any building or structure used or intended for use as a home or institution for the housing of any person of any age when such person is referred to or placed within such home or institution for protective social care and supervision services by any governmental agency.
Authority Cited - Health and Safety Code Section 13143.6.
Reference - Health and Safety Code Section 13143.
Tents, Awnings, or other Fabric Enclosures Used in Connection with any Occupancy.
Authority Cited - Health and Safety Code Section 13116.
Reference - Health and Safety Code Section 13143.
Fire Alarm, Devices, Equipment, and Systems in Connection with any Occupancy.
Authority Cited - Health and Safety Code Section 13114.
Reference - Health and Safety Code Section 13143.
Hazardous Materials.
Authority Cited - Health and Safety Code Section 13143.9.
Reference - Health and Safety Code Section 13143.
Flammable and Combustible Liquids.
Authority Cited - Health and Safety Code Section 13143.6.
Reference - Health and Safety Code Section 13143.
Public School Automatic Fire Detection, Alarm, and Sprinkler Systems.
Authority Cited - Health and Safety Code Section 13143 and California Education Code Article 7.5, Sections 17074.50, 17074.52, and 17074.54.
References - Government Code Section 11152.5, Health and Safety Code Section 13143 and California Education Code Chapter 12.5, Leroy F Greene School Facilities Act of 1998, Article 1.w.
Wildland-Urban Interface Fire Area.
Authority Cited - Health and Safety Code Sections 13143, 13108.5(a), 18949.2(b), (c) and Government Code Section 51189.
References - Health and Safety Code Sections 13143, Government Code Sections 51176, 51177, 51178, and 51179 and Public Resources Code Sections 4201 through 4204.
The responsibility for enforcement of
building standards adopted by the State Fire Marshal
and published in the California Building Standards
Code relating to fire and panic safety and other regulations
of the State Fire Marshal shall except as
provided in Section 1.11.2.1.2 be as follows:
- The city, county, or city and county with jurisdiction
in the area affected by the standard or regulation
shall delegate the enforcement of the
building standards relating to fire and panic
safety and other regulations of the State Fire
Marshal as they relate to Group R-3 occupancies,
as described in Section 310.1 of Part 2 of the
California Building Standards Code, to either of
the following:
- 1.1 The chief of the fire authority of the city, county, or city and county, or an authorized representative.
- 1.2 The chief building official of the city, county, or city and county, or an authorized representative.
- The chief of any city or county fire department or of any fire protection district, and authorized representatives, shall enforce within the jurisdiction the building standards and other regulations of the State Fire Marshal, except those described in ltem 1 or 4.
- The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection services.
- The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in corporate cities and districts providing fire protection services on request of the chief fire official or the governing body.
- Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fee is charged pursuant to Section 66014 of the Government Code.
Pursuant to Health and Safety Code
Section 13108, and except as otherwise provided in
this section, building standards adopted by the State
Fire Marshal published in the California Building
Standards Code relating to fire and panic safety
shall be enforced by the State Fire Marshal in all
state-owned buildings, state-occupied buildings, and
state institutions throughout the state. Upon the
written request of the chief fire official of any city,
county or fire protection district, the State Fire
Marshal may authorize such chief fire official and
his or her authorized representatives, in their
geographical area of responsibility, to make fire
prevention inspections of state-owned or state-occupied
buildings, other than state institutions, for the
purpose of enforcing the regulations relating to fire
and panic safety adopted by the State Fire Marshal
pursuant to this section and building standards
relating to fire and panic safety published in the
California Building Standards Code. Authorization
from the State Fire Marshal shall be limited to those
fire departments or fire districts which maintain a
fire prevention bureau staffed by paid personnel.
Pursuant to Health and Safety Code Section 13108, any requirement or order made by any chief fire official who is authorized by the State Fire Marshal to make fire prevention inspections of state-owned or state-occupied buildings, other than state institutions, may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to the provisions of Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13 of the Health and Safety Code, determine if the requirement or order made is reasonably consistent with the fire and panic safety regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Code.
Any person may request a code interpretation from the State Fire Marshal relative to the intent of any regulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occupancy or building, the State Fire Marshal shall review the issue with the appropriate local enforcing agency prior to rendering such code interpretation.
Pursuant to Health and Safety Code Section 13108, any requirement or order made by any chief fire official who is authorized by the State Fire Marshal to make fire prevention inspections of state-owned or state-occupied buildings, other than state institutions, may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to the provisions of Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13 of the Health and Safety Code, determine if the requirement or order made is reasonably consistent with the fire and panic safety regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Code.
Any person may request a code interpretation from the State Fire Marshal relative to the intent of any regulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occupancy or building, the State Fire Marshal shall review the issue with the appropriate local enforcing agency prior to rendering such code interpretation.
Pursuant to Health and Safety Code
Section 13112, any person who violates any order,
rule or regulation of the State Fire Marshal is guilty
of a misdemeanor punishable by a fine of not less
than $100.00 or more than $500.00, or by imprisonment
for not less than six months, or by both. A
person is guilty of a separate offense each day
during which he or she commits, continues or
permits a violation of any provision of, or any order,
rule or regulation of, the State Fire Marshal as
contained in this code.
Any inspection authority who, in the exercise of his or her authority as a deputy State Fire Marshal, causes any legal complaints to be filed or any arrest to be made shall notify the State Fire Marshal immediately following such action.
Any inspection authority who, in the exercise of his or her authority as a deputy State Fire Marshal, causes any legal complaints to be filed or any arrest to be made shall notify the State Fire Marshal immediately following such action.
The fire chief of any city, county,
or fire protection district, or such persons authorized
representative, may enter any state institution or any
other state-owned or state-occupied building for the
purpose of preparing a fire suppression preplanning
program or for the purpose of investigating any fire in a
state-occupied building.
The State Fire Marshal, his or her deputies or salaried assistants, the chief of any city or county fire department or fire protection district and his or her authorized representatives may enter any building or premises not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies or salaried assistants and the chief of any city or county fire department or fire protection district and his or her authorized representatives to enter and inspect them at the time and for the purpose stated in this section.
The State Fire Marshal, his or her deputies or salaried assistants, the chief of any city or county fire department or fire protection district and his or her authorized representatives may enter any building or premises not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies or salaried assistants and the chief of any city or county fire department or fire protection district and his or her authorized representatives to enter and inspect them at the time and for the purpose stated in this section.
Any fire protection district organized
pursuant to Health and Safety Code Part 2.7
(commencing with Section 13800) of Division 12 may
adopt building standards relating to fire and panic
safety that are more stringent than those building
standards adopted by the State Fire Marshal and
contained in the California Building Standards Code.
For these purposes, the district board shall be deemed
a legislative body and the district shall be deemed a
local agency. Any changes or modifications that are
more stringent than the requirements published in the
California Building Standards Code relating to fire
and panic safety shall be subject to Section 1.1.8.1.
Any fire protection district that proposes to
adopt an ordinance pursuant to this section shall, not
less than 30 days prior to noticing a proposed ordinance
for public hearing, provide a copy of that ordinance,
together with the adopted findings made
pursuant to Section 1.11.2.3.1, to the city, county, or
city and county where the ordinance will apply. The
city, county, or city and county may provide the district
with written comments, which shall become part of the
fire protection districts public hearing record.
The fire protection district shall transmit
the adopted ordinance to the city, county, or city and
county where the ordinance will apply. The legislative
body of the city, county, or city and county may
ratify, modify or deny an adopted ordinance and
transmit its determination to the district within 15
days of the determination. Any modification or denial
of an adopted ordinance shall include a written statement
describing the reasons for any modifications or denial. No ordinance adopted by the district shall be
effective until ratification by the city, county, or city
and county where the ordinance will apply. Upon ratification
of an adopted ordinance, the city, county, or
city and county shall file a copy of the findings of the
district, and any findings of the city, county, or city
and county, together with the adopted ordinance
expressly marked and identified to which each finding
refers, in accordance with Section 1.1.8.1, Item 3.
Requests for approval to use an alternative material,
assembly or materials, equipment, method of construction,
method of installation of equipment or means of protection
shall be made in writing to the enforcing agency by
the owner or the owner's authorized representative and
shall be accompanied by a full statement of the conditions.
Sufficient evidence or proof shall be submitted to substantiate
any claim that may be made regarding its conformance.
The enforcing agency may require tests and the
submission of a test report from an approved testing
organization as set forth in Title 19, California Code of
Regulation, to substantiate the equivalency of the
proposed alternative means of protection.
When a request for alternate means of protection involves hazardous materials, the authority having jurisdiction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Division 2, Chapter 4.5, Article 3.
Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment, or means of protection made pursuant to these provisions shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.
When a request for alternate means of protection involves hazardous materials, the authority having jurisdiction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Division 2, Chapter 4.5, Article 3.
Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment, or means of protection made pursuant to these provisions shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.
When a request for an alternate means
of protection has been denied by the enforcing agency, the
applicant may file a written appeal to the State Fire
Marshal for consideration of the applicant's proposal. In
considering such appeal, the State Fire Marshal may seek
the advice of the State Board of Fire Services. The State
Fire Marshal shall, after considering all of the facts
presented, including any recommendations of the State
Board of Fire Services, determine if the proposal is for the
purposes intended, at least equivalent to that specified in
these regulations in quality, strength, effectiveness, fire
resistance, durability and safety, and shall transmit such
findings and any recommendations to the applicant and to
the enforcing agency.
Plans and specifications for the
construction, alteration, or addition to any building owned,
leased, or rented by any public school district shall be
submitted to the Division of the State Architect.
Plans or diagrams
shall be submitted to the enforcing agency for approval
before the installation of, or rearrangement of, any movable wall or partition in any occupancy. Approval shall
be granted only if there is no increase in the fire hazard.
- Complete plans or specifications, or both, shall be prepared covering all work required to comply with new construction high-rise buildings. Such plans and specifications shall be submitted to the enforcing agency having jurisdiction.
- All plans and specifications shall be prepared under the responsible charge of an architect or a civil or structural engineer authorized by law to develop construction plans and specifications, or by both such architect and engineer. Plans and specifications shall be prepared by an engineer duly qualified in that branch of engineering necessary to perform such services. Administration of the work of construction shall be under the charge of the responsible architect or engineer except that where plans and specifications involve alterations or repairs, such work of construction may be administered by an engineer duly qualified to perform such services and holding a valid certificate under Chapter 7 (commencing with Section 65700) of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications and estimates and work of construction are applicable.
- Complete plans or specifications, or both, shall be prepared covering all work required by Section 3412 for existing high-rise buildings. Such plans or specifications shall be submitted to the enforcing agency having jurisdiction.
- When new construction is required to conform with the provisions of these regulations, complete plans or specifications, or both, shall be prepared in accordance with the provisions of this subsection. As used in this section, "new construction" is not intended to include repairs, replacements or minor alterations which do not disrupt or appreciably add to or affect the structural aspects of the building.
Refer to Building Standards
Law, Health and Safety Code Sections 19850 and 19851
for permanent retention of plans.
Pursuant to Health and Safety Code
Section 13146.2, a city, county, or district which inspects a
hotel, motel, lodging house, or apartment house may
charge and collect a fee for the inspection from the owner
of the structure in an amount, as determined by the city,
county or district, sufficient to pay its costs of that inspection.
Pursuant to Health and
Safety Code Section 1597.46, Large Family Day Care
Homes, the local government shall process any required
permit as economically as possible, and fees charged for
review shall not exceed the costs of the review and permit
process.
Pursuant to Health and Safety Code
Section 13217, High-rise Structure Inspection: Fees and
costs, a local agency which inspects a high-rise structure
pursuant to Health and Safety Code Section 13217 may
charge and collect a fee for the inspection from the owner
of the high-rise structure in an amount, as determined by
the local agency, sufficient to pay its costs of that inspection.
Pursuant to Health
and Safety Code Section 13235, Fire Clearance Preinspection
fee, upon receipt of a request from a prospective
licensee of a community care facility, as defined in Section
1502, of a residential care facility for the elderly, as defined
in Section 1569.2, or of a child day care facility, as defined
in Section 1596.750, the local fire enforcing agency, as
defined in Section 13244, or State Fire Marshal, whichever
has primary jurisdiction, shall conduct a preinspection of
the facility prior to the final fire clearance approval. At the
time of the preinspection, the primary fire enforcing agency
shall price consultation and interpretation of the fire safety
regulations and shall notify the prospective licensee of the
facility in writing of the specific fire safety regulations
which shall be enforced in order to obtain fire clearance
approval. A fee of not more than $50.00 may be charged for
the preinspection of a facility with a capacity to serve 25 or
fewer persons. A fee of not more than $100.00 may be
charged for a preinspection of a facility with a capacity to
serve 26 or more persons.
The primary fire enforcing agency
shall complete the final fire clearance inspection for a
community care facility, residential care facility for the
elderly, or child day care facility within 30 days of receipt
of the request for the final inspection, or as of the date the
prospective facility requests the final prelicensure inspection
by the State Department of Social Services, whichever
is later.
Pursuant to Health and Safety Code Section 13235, a preinspection fee of not more than $50.00 may be charged for a facility with a capacity to serve 25 or less clients. A fee of not more than $100.00 may be charged for a preinspection of a facility with a capacity to serve 26 or more clients.
Pursuant to Health and Safety Code Section 13131.5, a reasonable final inspection fee, not to exceed the actual cost of inspection services necessary to complete a final inspection may be charged for occupancies classified as Residential Care Facilities for the Elderly (RCFE).
Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to Residential Care Facilities for the Elderly (RCFE) which service six or fewer persons.
Pursuant to Health and Safety Code Section 13235, a preinspection fee of not more than $50.00 may be charged for a facility with a capacity to serve 25 or less clients. A fee of not more than $100.00 may be charged for a preinspection of a facility with a capacity to serve 26 or more clients.
Pursuant to Health and Safety Code Section 13131.5, a reasonable final inspection fee, not to exceed the actual cost of inspection services necessary to complete a final inspection may be charged for occupancies classified as Residential Care Facilities for the Elderly (RCFE).
Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to Residential Care Facilities for the Elderly (RCFE) which service six or fewer persons.
Whenever a local authority having jurisdiction requests
that the State Fire Marshal perform plan review and/or
inspection services related to a building permit, the applicable
fees for such shall be payable to the Office of the
State Fire Marshal.
Work performed subject to the provisions of
this code shall comply with the inspection requirements of Title
24, Part 2, California Building Standards Code, Sections 109.1,
109.3, 109.3.4, 109.3.5, 109.3.6, 109.3.8, 109.3.9, 109.3.10,
109.5, and 109.6 as adopted by the Office of the State Fire
Marshal.
Licensed
24-hour care in a Group I-1 or R occupancy in existence
and originally classified under previously adopted state
codes shall be reinspected under the appropriate previous
code, provided there is no change in the use or character
which would place the facility in a different occupancy
group.
A Certificate of Occupancy
shall be issued as specified in Title 24, Part 2, California
Building Code, Section 111.
Exception: Group R, Division 3 and Group U occupancies.
See Title 24, Part 2, California Building Code, Section 107.
See Title 24, Part 2, California Building Code, Section 112.
See Title 24, Part 2, California Building Code, Section 115.
See Title 24, Part 2, California Building Code, Section 116.
The provisions of this
code applicable to buildings identified in this Section 1.11.0 will
be identified in the Matrix Adoption Tables under the acronym SFM.
Division II Administration
This document shall be known as the "Uniform
Mechanical Code," may be cited as such, and will be referred
to herein as "this code."
The provisions of this code shall apply to the
erection, installation, alteration, repair, relocation, replacement,
addition to, use, or maintenance of mechanical systems
within this jurisdiction.
This code is an ordinance providing minimum
requirements and standards for the protection of the
public health, safety, and welfare.
Where a section, subsection, sentence,
clause, or phrase of this code is, for a reason, held to be
unconstitutional, such decision shall not affect the validity of
the remaining portions of this code. The legislative body
hereby declares that it would have passed this code, and each
section, subsection, sentence, clause, or phrase thereof, irrespective
of the fact that one or more sections, subsections,
sentences, clauses, and phrases are declared unconstitutional.
Where a provision of this code, or the application
thereof to a person or circumstance, is held invalid, the
remainder of the code, or the application of such provision to
other persons or circumstances, shall not be affected thereby.
Where the requirements
within the jurisdiction of this mechanical code conflict with
the requirements of the plumbing code, the plumbing code
shall prevail. In instances where this code, applicable standards,
or the manufacturer's installation instructions conflict,
the more stringent provisions shall prevail. Where there is a
conflict between a general requirement and a specific requirement,
the specific requirement shall prevail [OSHPD 1, 1R,
2, 3, 4 & 5] See Chapter 1, Division I, Section 1.1.7.
Mechanical systems lawfully
in existence at the time of the adoption of this code shall
be permitted to have their use, maintenance, or repair continued
where the use, maintenance, or repair is in accordance
with the original design and location and no hazard to life,
health, or property has been created by such mechanical system.
Mechanical systems, materials, and
appurtenances, both existing and new, of a premise under the
Authority Having Jurisdiction shall be maintained in operating
condition. Devices or safeguards required by this code
shall be maintained in accordance with the code edition under
which installed.
The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems. To determine compliance with this subsection, the Authority Having Jurisdiction shall be permitted to cause a mechanical system to be reinspected.
The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems. To determine compliance with this subsection, the Authority Having Jurisdiction shall be permitted to cause a mechanical system to be reinspected.
Commercial
HVAC systems both existing and new, and parts thereof
shall be inspected and maintained in operating condition
in accordance with ASHRAE/ACCA 180. The owner or
the owner's designated agent shall be responsible for
maintenance of mechanical systems and equipment. To
determine compliance with this subsection, the Authority
Having Jurisdiction shall be permitted to cause a
HVAC system to be reinspected.
Residential
HVAC systems both existing and new, and parts thereof
shall be inspected in accordance with ACCA4 QM. The
owner or the owner's designated agent shall be responsible
for maintenance of mechanical systems and equipment.
To determine compliance with this subsection, the
Authority Having Jurisdiction shall be permitted to cause
a HVAC system to be reinspected.
Additions, alterations, renovations, or repairs shall
conform to that required for a new system without requiring
the existing mechanical system to be in accordance with the
requirements of this code. Additions, alterations, renovations,
or repairs shall not cause an existing system to become
unsafe, insanitary or overloaded.
Additions, alterations, renovations, or repairs to existing mechanical system installations shall comply with the provisions for new construction, unless such deviations are found to be necessary and are first approved by the Authority Having Jurisdiction.
Additions, alterations, renovations, or repairs to existing mechanical system installations shall comply with the provisions for new construction, unless such deviations are found to be necessary and are first approved by the Authority Having Jurisdiction.
Where compliance with the provisions
of this code fails to eliminate or alleviate a nuisance,
or other dangerous or insanitary condition that involves health
or safety hazards, the owner or the owner's agent shall install
such additional mechanical system facilities or shall make
such repairs or alterations as ordered by the Authority Having
Jurisdiction.
Mechanical
systems that are a part of a building or structure undergoing
a change in use or occupancy, as defined in the building code,
shall be in accordance with the requirements of this code that
are applicable to the new use or occupancy.
Parts of the mechanical system of
a building and part thereof that is moved from one foundation
to another, or from one location to another, shall be in accordance
with the provisions of this code for new installations
and completely tested as prescribed elsewhere in this section
for new work, except that walls or floors need not be removed
during such test where equivalent means of inspection acceptable
to the Authority Having Jurisdiction are provided.
The provisions in the appendices are
intended to supplement the requirements of this code and
shall not be considered part of this code unless formally
adopted as such.
The Authority Having Jurisdiction shall be
the Authority duly appointed to enforce this code. For such
purposes, the Authority Having Jurisdiction shall have the
powers of a law enforcement officer. The Authority Having
Jurisdiction shall have the power to render interpretations of
this code and to adopt and enforce rules and regulations supplemental
to this code as deemed necessary in order to clarify
the application of the provisions of this code. Such
interpretations, rules, and regulations shall comply with the
intent and purpose of this code.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties required by this code or other pertinent law or ordinance.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency.
The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties required by this code or other pertinent law or ordinance.
The Authority Having Jurisdiction charged
with the enforcement of this code, acting in good faith and
without malice in the discharge of the Authority Having Jurisdiction's
duties, shall not thereby be rendered personally
liable for damage that accrues to persons or property as a
result of an act or by reason of an act or omission in the discharge
of such duties. A suit brought against the Authority
Having Jurisdiction or employee because of such act or omission
performed in the enforcement of provisions of this code
shall be defended by legal counsel provided by this jurisdiction
until final termination of such proceedings.
The Authority Having
Jurisdiction shall be permitted to require the submission of
plans, specifications, drawings, and such other information
in accordance with the Authority Having Jurisdiction, prior
to the commencement of, and at a time during the progress of,
work regulated by this code.
The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.
The issuance of a permit upon construction documents shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error.
Provision for licensing shall be
determined by the Authority Having Jurisdiction.
Where it is necessary to make an
inspection to enforce the provisions of this code, or where the
Authority Having Jurisdiction has reasonable cause to believe
that there exists in a building or upon a premises a condition
or violation of this code that makes the building or premises unsafe, insanitary, dangerous, or hazardous, the Authority
Having Jurisdiction shall be permitted to enter the building
or premises at reasonable times to inspect or to perform the
duties imposed upon the Authority Having Jurisdiction by this
code, provided that where such building or premises is occupied,
the Authority Having Jurisdiction shall present credentials
to the occupant and request entry. Where such building
or premises is unoccupied, the Authority Having Jurisdiction
shall first make a reasonable effort to locate the owner or
other person having charge or control of the building or premises
and request entry. Where entry is refused, the Authority
Having Jurisdiction has recourse to every remedy provided
by law to secure entry.
Where the Authority Having Jurisdiction shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care or control of a building or premises shall fail or neglect, after a request is made as herein provided, to promptly permit entry herein by the Authority Having Jurisdiction for the purpose of inspection and examination pursuant to this code.
Where the Authority Having Jurisdiction shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care or control of a building or premises shall fail or neglect, after a request is made as herein provided, to promptly permit entry herein by the Authority Having Jurisdiction for the purpose of inspection and examination pursuant to this code.
It shall be unlawful for a person,
firm, or corporation to make an installation, alteration, repair,
replacement, or remodel a mechanical system regulated by
this code except as permitted in Section 104.2, or to cause the
same to be done without first obtaining a separate mechanical
permit for each separate building or structure.
A permit shall not be required for the
following:
- A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.
- A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this code.
- Replacement of a component part that does not alter its original approval and is in accordance with other applicable requirements of this code.
- Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.
- A unit refrigerating system.
To obtain a permit, the
applicant shall first file an application therefore in writing on
a form furnished by the Authority Having Jurisdiction for that
purpose. Such application shall:
- Identify and describe the work to be covered by the permit for which application is made.
- Describe the land upon which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.
- Indicate the use or occupancy for which the proposed work is intended.
- Be accompanied by construction documents and other data in accordance with Section 104.3.1.
- Be signed by the permittee or the permittee's authorized agent. The Authority Having Jurisdiction shall be permitted to require evidence to indicate such authority.
- Give such other data and information in accordance with the Authority Having Jurisdiction.
Construction
documents, engineering calculations, diagrams, and other
data shall be submitted in two or more sets with each
application for a permit. The construction documents,
computations, and specifications shall be prepared by,
and the mechanical system designed by, a registered
design professional. Construction documents shall be
drawn to scale with clarity to identify that the intended
work to be performed is in accordance with the code.
Exception: The Authority Having Jurisdiction shall be
permitted to waive the submission of construction documents,
calculations, or other data where the Authority
Having Jurisdiction finds that the nature of the work
applied for is such that reviewing of construction documents
is not necessary to obtain compliance with the
code.
Where a plan or other data
is required to be submitted in accordance with Section
104.3.1, a plan review fee shall be paid at the time of submitting
construction documents for review.
The plan review fees for mechanical system work shall be determined and adopted by this jurisdiction.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5.
Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5.
For SI units: 1000 British thermal units per hour = 0.293 kW, 1 horsepower= 0.746 kW, 1 cubic foot per minute = 0.00047 m3/s
Notes:
The plan review fees for mechanical system work shall be determined and adopted by this jurisdiction.
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5.
Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5.
Permit Issuance | |||
---|---|---|---|
1. | For the issuance of each permit | 1 | |
2. | For issuing each supplemental permit for which the original permit has not expired or been canceled or finalized | 1 | |
Unit Fee Schedule | |||
1. | Furnaces: | ||
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, not exceeding 100000 British thermal units per hour (Btu/h) |
1 | ||
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, exceeding 100000 Btu/h | 1 | ||
For the installation or relocation of each floor furnace, including vent | 1 | ||
For the installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater | 1 | ||
2. | Appliance Vents: | ||
For the installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit | 1 | ||
3. | Repairs or Additions: | ||
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling, system including installation of controls regulated by this code | 1 | ||
4. | Boilers, Compressors, and Absorption Systems: | ||
For the installation or relocation of each boiler or compressor, not exceeding 3 horsepower (hp), or each absorption system not exceeding 100000 Btu/h | 1 | ||
For the installation or relocation of each boiler or compressor exceeding 3 hp, not exceeding 15 hp, or each absorption system exceeding 100000 Btu/h and including 500000 Btu/h | 1 | ||
For the installation or relocation of each boiler or compressor exceeding 15 hp, not exceeding 30 hp, or each absorption system exceeding 500000 Btu/h, not exceeding 1000000 Btu/h | 1 | ||
For the installation or relocation of each boiler or compressor exceeding 30 hp, not exceeding 50 hp, or for each absorption system exceeding 1000000 Btu/h, not exceeding 1750000 Btu/h | 1 | ||
For the installation or relocation of each boiler or compressor exceeding 50 hp, or each absorption system exceeding 1750000 Btu/h | 1 | ||
5. | Air Handlers: | ||
For each air-handling unit not exceeding 10000 cubic feet per minute (cfm), including ducts attached thereto | 1.2 | ||
6. | Evaporative Coolers: | ||
For each air-handling unit exceeding 10000 cfm | 1 | ||
For each evaporative cooler other than portable type | 1 | ||
7. | Ventilation and Exhaust: | ||
For each ventilation fan connected to a single duct | 1 | ||
For each ventilation system that is not a portion of a heating or air-conditioning system authorized by a permit | 1 | ||
For the installation of each hood that is served by mechanical exhaust, including the ducts for such hood | 1 | ||
8. | Incinerators: | ||
For the installation or relocation of each domestic-type incinerator | 1 | ||
For the installation or relocation of each commercial or industrial-type incinerator | 1 | ||
9. | Miscellaneous: | ||
For each appliance or piece of equipment regulated by this code, but not classed in other appliance categories, or for which no other fee is listed in this table | 1 | ||
10. | Fuel Gas Piping: | ||
Where Chapter 13 or Appendix B is applicable (See Section 101.2), permit fees for fuel-gas piping shall be as follows: | |||
For each gas piping system of one to five outlets | 1 | ||
For each additional gas piping system, per outlet | 1 | ||
11. | Process Piping: | ||
For each hazardous process piping system (HPP) of one to four outlets. | 1 | ||
For each HPP piping system of five or more outlets, per outlet | 1 | ||
For each nonhazardous process piping system (NPP) of one to four outlets | 1 | ||
For each NPP piping system of five or more outlets, per outlet | 1 | ||
Other Inspections and Fees | |||
1. | Inspections outside of normal business hours, per hour (minimum charge -2 hours) | 1 | |
2. | Reinspection fees assessed under provisions of Section 105.2.6, per inspection | 1 | |
3. | Inspections for which no fee is specifically indicated, per hour (minimum charge - 1/2 hour) | 1 | |
4. | Additional plan review required by changes, additions, or revisions to plans or to plans for which an initial review has been completed, per hour (minimum charge - 1/2 hour) | 1 |
Notes:
- 1 Jurisdiction will indicate their fees here.
- 2 This fee shall not apply to an air-handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required else where in this code.
Applications
for which no permit is issued within 180 days following
the date of application shall expire by limitation,
plans and other data submitted for review thereafter, shall
be returned to the applicant or destroyed by the Authority
Having Jurisdiction. The Authority Having Jurisdiction
shall be permitted to extend the time for action by
the applicant for a period not to exceed 180 days upon
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. In order to renew action on an application
after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
The application, construction documents,
and other data filed by an applicant for a permit shall
be reviewed by the Authority Having Jurisdiction. Such plans
shall be permitted to be reviewed by other departments of this
jurisdiction to verify compliance with applicable laws under
their jurisdiction. Where the Authority Having Jurisdiction
finds that the work described in an application for permit and
the plans, specifications, and other data filed therewith are in
accordance with the requirements of the code and other pertinent
laws and ordinances and that the fees specified in Section
104.5 have been paid, the Authority Having Jurisdiction
shall issue a permit therefore to the applicant.
Where the Authority Having Jurisdiction issues
the permit where plans are required, the Authority Having
Jurisdiction shall endorse in writing or stamp the construction
documents "APPROVED." Such approved
construction documents shall not be changed, modified,
or altered without authorization from the Authority Having
Jurisdiction, and the work shall be done in accordance
with approved plans.
The Authority Having Jurisdiction shall be permitted to issue a permit for the construction of a part of a mechanical system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed in accordance with pertinent requirements of this code. The holder of such permit shall be permitted to proceed at the holder's risk without assurance that the permit for the entire building, structure, or mechanical system will be granted.
The Authority Having Jurisdiction shall be permitted to issue a permit for the construction of a part of a mechanical system before the entire construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed in accordance with pertinent requirements of this code. The holder of such permit shall be permitted to proceed at the holder's risk without assurance that the permit for the entire building, structure, or mechanical system will be granted.
The issuance of a permit or
approval of construction documents shall not be construed
to be a permit for, or an approval of, a violation of
the provisions of this code or other ordinance of the jurisdiction.
No permit presuming to give authority to violate
or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans, specifications, or other data shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction.
The issuance of a permit based upon plans, specifications, or other data shall not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction.
A permit issued by the Authority
Having Jurisdiction under the provisions of this code
shall expire by limitation and become null and void
where the work authorized by such permit is not commenced
within 180 days from the date of such permit, or
where the work authorized by such permit is suspended
or abandoned at a time after the work is commenced for
a period of 180 days. Before such work is recommenced,
a new permit shall first be obtained to do so, and the fee,
therefore, shall be one-half the amount required for a new
permit for such work, provided no changes have been
made or will be made in the original construction documents
for such work, and provided further that such suspension
or abandonment has not exceeded 1 year.
A permittee holding an unexpired
permit shall be permitted to apply for an extension of the
time within which work shall be permitted to commence
under that permit where the permittee is unable to commence
work within the time required by this section. The
Authority Having Jurisdiction shall be permitted to
extend the time for action by the permittee for a period
not exceeding 180 days upon written request by the permittee
showing that circumstances beyond the control of
the permittee have prevented action from being taken.
No permit shall be extended more than once. In order to
renew action on a permit after expiration, the permittee
shall pay a new full permit fee.
The Authority
Having Jurisdiction shall be permitted to, in writing, suspend
or revoke a permit issued under the provisions of
this code where the permit is issued in error or on the
basis of incorrect information supplied or in violation of
other ordinance or regulation of the jurisdiction.
One set of approved construction
documents and computations shall be retained
by the Authority Having Jurisdiction until final approval
of the work is covered therein.
One set of approved construction documents, computations, and manufacturer's installation instructions shall be returned to the applicant, and said set shall be kept on the site of the building or work at times during which the work authorized thereby is in progress.
One set of approved construction documents, computations, and manufacturer's installation instructions shall be returned to the applicant, and said set shall be kept on the site of the building or work at times during which the work authorized thereby is in progress.
Fees shall be assessed in accordance with the
provisions of this section and as set forth in the fee schedule,
Table 104.5. The fees are to be determined and adopted by
this jurisdiction.
Where work for which a permit is required
by this code has been commenced without first obtaining
said permit, a special investigation shall be made before
a permit is issued for such work.
An investigation fee, in
addition to the permit fee, shall be collected whether or
not a permit is then or subsequently issued. The investigation
fee shall be equal to the amount of the permit fee
that is required by this code if a permit were to be issued.
The payment of such investigation fee shall not exempt
a person from compliance with other provisions of this
code, nor from a penalty prescribed by law.
The Authority Having Jurisdiction
shall be permitted to authorize the refunding of a fee
as follows:
- The amount paid hereunder that was erroneously paid or collected.
- Refunding of not more than a percentage, as determined by this jurisdiction where no work has been done under a permit issued in accordance with this code.
Mechanical systems for which a permit is
required by this code shall be inspected by the Authority Having Jurisdiction.
No mechanical system or portion thereof shall be covered, concealed, or put into use until inspected and approved as prescribed in this code. Neither the Authority Having Jurisdiction nor the jurisdiction shall be liable for expense entailed in the removal or replacement of material required to permit inspection. Mechanical systems regulated by this code shall not be connected to the energy fuel supply lines until authorized by the Authority Having Jurisdiction.
No mechanical system or portion thereof shall be covered, concealed, or put into use until inspected and approved as prescribed in this code. Neither the Authority Having Jurisdiction nor the jurisdiction shall be liable for expense entailed in the removal or replacement of material required to permit inspection. Mechanical systems regulated by this code shall not be connected to the energy fuel supply lines until authorized by the Authority Having Jurisdiction.
New mechanical system
work and such portions of existing systems as affected by new
work, or changes, shall be inspected by the Authority Having
Jurisdiction to ensure compliance with the requirements of
this code and to ensure that the installation and construction
of the mechanical system are in accordance with approved
plans. The Authority Having Jurisdiction shall make the following
inspections and other such inspections as necessary.
The permittee or the permittee's authorized agent shall be
responsible for the scheduling of such inspections as follows:
- Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place.
- Rough-in inspection shall be made prior to the installation of wall or ceiling membranes.
- Final inspection shall be made upon completion of the installation.
Where a mechanical system, or
part thereof, which is installed, altered, or repaired, is
covered or concealed before being inspected, tested, and
approved as prescribed in this code, it shall be uncovered
for inspection after notice to uncover the work has been
issued to the responsible person by the Authority Having
Jurisdiction. The requirements of this section shall
not be considered to prohibit the operation of mechanical
systems installed to replace existing equipment serving
an occupied portion of the building in the event a
request for inspection of such equipment has been filed
with the Authority Having Jurisdiction not more than 72
hours after such replacement work is completed, and
before a portion of such mechanical system is concealed
by a permanent portion of the building.
In addition to the inspections
required by this code, the Authority Having Jurisdiction
shall be permitted to require other inspections to
ascertain compliance with the provisions of this code and
other laws that are enforced by the Authority Having
Jurisdiction.
It shall be the duty of
the person doing the work authorized by a permit to
notify the Authority Having Jurisdiction that such work
is ready for inspection. The Authority Having Jurisdiction
shall be permitted to require that a request for
inspection be filed not less than 1 working day before such inspection is desired. Such request shall be permitted
to be made in writing or by telephone, at the option
of the Authority Having Jurisdiction.
It shall be the duty of the person requesting inspections in accordance with this code to provide access to and means for inspection of such work.
It shall be the duty of the person requesting inspections in accordance with this code to provide access to and means for inspection of such work.
It shall be the duty of the
person doing the work authorized by the permit to notify
the Authority Having Jurisdiction, orally or in writing
that said work is ready for inspection. Such notification
shall be given not less than 24 hours before the work is
to be inspected.
It shall be the duty of the
holder of a permit to make sure that the work will stand
the test prescribed before giving the notification.
The equipment, material, and labor necessary for inspection or tests shall be furnished by the person to whom the permit is issued or by whom inspection is requested.
The equipment, material, and labor necessary for inspection or tests shall be furnished by the person to whom the permit is issued or by whom inspection is requested.
A reinspection fee shall be
permitted to be assessed for each inspection or reinspection
where such portion of work for which inspection is
called is not complete or where required corrections have
not been made.
This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction.
To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table 104.5.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction.
To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table 104.5.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
Mechanical systems shall be
tested and approved in accordance with this code or the
Authority Having Jurisdiction. Tests shall be conducted in the
presence of the Authority Having Jurisdiction or the Authority
Having Jurisdiction's duly appointed representative.
No test or inspection shall be required where a mechanical system, or part thereof, is set up for exhibition purposes and has no connection with water or an energy fuel supply. In cases where it would be impractical to provide the required water or air tests, or for minor installations and repairs, the Authority Having Jurisdiction shall be permitted to make such inspection as deemed advisable in order to be assured that the work has been performed in accordance with the intent of this code. Joints and connections in the mechanical system shall be airtight, gastight, or watertight for the pressures required by the test.
No test or inspection shall be required where a mechanical system, or part thereof, is set up for exhibition purposes and has no connection with water or an energy fuel supply. In cases where it would be impractical to provide the required water or air tests, or for minor installations and repairs, the Authority Having Jurisdiction shall be permitted to make such inspection as deemed advisable in order to be assured that the work has been performed in accordance with the intent of this code. Joints and connections in the mechanical system shall be airtight, gastight, or watertight for the pressures required by the test.
In buildings or premises
condemned by the Authority Having Jurisdiction because
of an insanitary condition of the mechanical system, or
part thereof, the alterations in such system shall be in
accordance with the requirements of this code.
Where the Authority Having Jurisdiction
finds that the work will not pass the test, necessary
corrections shall be made, and the work shall be
resubmitted for test or inspection.
Where prescribed tests and inspections
indicate that the work is in accordance with this
code, a certificate of approval shall be issued by the
Authority Having Jurisdiction to the permittee on
demand.
No person shall
make connections from a source of energy or fuel to a
mechanical system or equipment regulated by this code and
for which a permit is required until approved by the Authority
Having Jurisdiction. The Authority Having Jurisdiction
shall be permitted to authorize temporary connection of the
mechanical system equipment to the source of energy or fuel
for the purpose of testing the equipment.
It shall be unlawful for a person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, or maintain
a mechanical system or permit the same to be done in violation
of this code.
Notices of
correction or violation shall be written by the Authority Having
Jurisdiction and shall be permitted to be posted at the site
of the work or mailed or delivered to the permittee or their
authorized representative.
Refusal, failure, or neglect to comply with such notice or order within 10 days of receipt thereof, shall be considered a violation of this code and shall be subject to the penalties set forth by the governing laws of the jurisdiction.
Refusal, failure, or neglect to comply with such notice or order within 10 days of receipt thereof, shall be considered a violation of this code and shall be subject to the penalties set forth by the governing laws of the jurisdiction.
A person, firm, or corporation violating a
provision of this code shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be punishable by
a fine, imprisonment, or both set forth by the governing laws
of the jurisdiction. Each separate day or a portion thereof, during
which a violation of this code occurs or continues, shall
be deemed to constitute a separate offense.
Where work is being done contrary to
the provisions of this code, the Authority Having Jurisdiction
shall be permitted to order the work stopped by notice in writing
served on persons engaged in the doing or causing such
work to be done, and such persons shall forthwith stop work
until authorized by the Authority Having Jurisdiction to proceed
with the work.
The Authority Having Jurisdiction shall have the
authority to disconnect a mechanical system to a building,
structure, or equipment regulated by this code in case of
emergency where necessary to eliminate an immediate hazard
to life or property.
Where the Authority Having
Jurisdiction ascertains that a mechanical system or portion
thereof, regulated by this code, has become hazardous to life,
health, or property, or has become insanitary, the Authority
Having Jurisdiction shall order in writing that such mechanical
system either be removed or placed in a safe or sanitary
condition. The order shall fix a reasonable time limit for compliance.
No person shall use or maintain a defective mechanical
system after receiving such notice.
Where such mechanical system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be permitted to be made immediately without such notice.
Where such mechanical system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection shall be permitted to be made immediately without such notice.
In order to hear and decide appeals of orders,
decisions, or determinations made by the Authority Having
Jurisdiction relative to the application and interpretations of
this code, there shall be and is hereby created a Board of
Appeals consisting of members who are qualified by experience
and training to pass upon matters pertaining to mechanical
system design, construction, and maintenance and the
public health aspects of mechanical systems and who are not
employees of the jurisdiction. The Authority Having Jurisdiction
shall be an ex-officio member and shall act as secretary
to said board but shall have no vote upon a matter before
the board. The Board of Appeals shall be appointed by the
governing body and shall hold office at its pleasure. The
board shall adopt rules of procedure for conducting its business
and shall render decisions and findings in writing to the
appellant with a duplicate copy to the Authority Having Jurisdiction.
The Board of Appeals
shall have no authority relative to interpretation of the administrative
provisions of this code, nor shall the board be
empowered to waive requirements of this code.