CALIFORNIA MECHANICAL CODE - MATRIX ADOPTION TABLE
CHAPTER 1 - ADMINISTRATION
(Matrix Adoption Tables are non-regulatory, intended only as an aid to the code user. See Chapter 1 for state agency authority and building applications.)
Adopting agency	BSC	BSC-CG	SFM	HCD			DSA			OSHPD						BSCC	DPH	AGR	DWR	CEC	CA	SL	SLC
Adopting agency	BSC	BSC-CG	SFM	1	2	1-AC	AC	SS	SS/CC	1	1R	2	3	4	5	BSCC	DPH	AGR	DWR	CEC	CA	SL	SLC
Adopt entire chapter
Adopt entire chapter as amended (amended sections listed below)
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

This state agency does not adopt sections identified with the following symbol: †
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.

1.1.0 General

1.1.1 Title

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.

1.1.2 Purpose

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.

1.1.3 Scope

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.

1.1.3.1 Nonstate-Regulated Buildings, Structures, and Applications

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.

1.1.3.2 State-Regulated Buildings, Structures, and Applications

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.

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.

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.

1.1.4 Appendices

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.

1.1.5 Referenced Codes

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.

1.1.6 Nonbuilding Standards, Orders and Regulations

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.

1.1.7 Order of Precedence and Use

1.1.7.1 Differences

In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.

1.1.7.2 Specific Provisions

Where a specific provision varies from a general provision, the specific provision shall apply.

1.1.7.3 Conflicts

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.

1.1.7.3.1 Detached One- And Two-Family Dwellings

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.

1.1.8 City, County, or City and County Amendments, Additions or Deletions

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.

1.1.8.1 Findings and Filings

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, PO. Box 278180, Sacramento, CA 95827-8180 or 9342 Tech Center Drive, Suite 500, Sacramento, CA, 95826.

1.1.8.2 Locally Adopted Energy Standards - California Energy Code, Part 6

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.

1.1.9 Effective Date of This Code

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.

Exception: 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 3 6 months from the date of plan approval.

1.1.10 Availability of Codes

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).

1.1.11 Format

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.

1.1.12 Validity

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.

1.2.0 Building Standards Commission

1.2.1 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.

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.

1.2.1.1 State Building

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.

1.2.1.2 Enforcement

[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.

1.2.1.3 Enforcement, Reserved for DGS

1.2.1.4 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym BSC.

1.2.2 BSC-CG

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.

1.2.3 Alternative Materials, Design, and Methods of Construction and Equipment

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.

1.2.3.1 Research Reports

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.

1.2.3.2 Tests

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.

1.3.0 Reserved for Corrections Standards Authority

1.4.0 Department of Consumer Affairs

1.4.1

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.

1.4.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym CA.

1.5.0 Reserved for California Energy Commission

1.6.0 Reserved for Department of Food and Agriculture

1.7.0 California Department of Public Health

1.7.1

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.

1.7.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym DPH.

1.8.0 Department of Housing and Community Development [HCD]

1.8.1 Purpose

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.

1.8.2 Authority and Abbreviations

1.8.2.1 General

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.

1.8.2.1.1 Housing Construction

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.

1.8.2.1.2 Housing Accessibility

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:

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.

"HCD 1-AC" building standards generally do not apply to public use areas or public accommodations such as hotels and motels, and public housing. Public use areas, public accommodations, and public housing, as defined in Chapter 2 of the California Building Code, are subject to the Division of the State Architect (DSA-AC) in Chapter 11B, and are referenced in Section 1.9.1.

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.

1.8.2.1.3 Permanent Buildings in Mobilehome Parks and Special Occupancy Parks

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.

1.8.3 Local Enforcing Agency

1.8.3.1 Duties and Powers

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.

1.8.3.2 Laws, Rules, and Regulations

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.

1.8.3.2.1 State Housing Law

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.

1.8.3.2.2 Mobilehome Parks Act

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.

1.8.3.2.3 Special Occupancy Parks Act

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.

1.8.3.2.4 Employee Housing Act

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.

1.8.3.2.5 Factory-Built Housing Law

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.

1.8.4 Permits, Fees, Applications, and Inspections

1.8.4.1 Permits

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:

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.

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.

1.8.4.2 Fees

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.

1.8.4.3 Plan Review and Time Limitations

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.

1.8.4.3.1 Retention of Plans

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:

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.

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.

1.8.4.4 Inspections

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.

1.8.5 Right of Entry for Enforcement

1.8.5.1 General

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.

1.8.6 Local Modification by Ordinance or Regulation

1.8.6.1 General

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.

1.8.6.2 Findings, Filings, and Rejections of Local Modifications

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.

Nothing in this section shall limit the authority of fire protection districts pursuant to California Health and Safety Code Section 13869.7(a).

1.8.7 Alternate Materials, Designs, Tests, and Methods of Construction

1.8.7.1 General

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.

1.8.7.2 Local Building Departments

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.

1.8.7.2.1 Approval of Alternates

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.

For additional information regarding approval of alternates by a local building department pursuant to the State Housing Law, see California Health and Safety Code Section 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.

1.8.7.3 Department of Housing and Community Development

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.

1.8.8 Appeals Board

1.8.8.1 General

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.

1.8.8.2 Definitions

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.

1.8.8.3 Appeals

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 lousing 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.

1.8.9 Unsafe Buildings or Structures

1.8.9.1 Authority to Enforce

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 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.

1.8.9.2 Actions and Proceedings

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.

1.8.10 Other Building Regulations

1.8.10.1 Existing Structures

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.

1.8.10.2 Moved Structures

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.

1.9.0 Division of the State Architect

1.9.1 Reserved for the Division of the State Architect - Access Compliance

1.9.2 Division of the State Architect - Structural Safety

1.9.2.1 DSA-SS [Division of the State Architect-Structural Safety]

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.

1.9.2.1.1 Adopting Agency Identification

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.

1.9.2.2 DSA-SS/CC [Division of the State Architect - Structural Safety/Community Colleges]

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.

1.9.2.2.1 Adopting Agency Identification

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.

1.10.0 Office of Statewide Health Planning and Development

1.10.1 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 1 and OSHPD 1R

Application - [OSHPD 1] General acute-care hospital buildings. [OSHPD 1R] Non-conforming hospital 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.

1.10.1.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapters 6 and 7.

Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.1.2 Applicable Building Standards

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, 1275, and 129850.

References - Health and Safety Code Sections 19958, 127010, 127015, 129680, 1275, and 129675 through 130070.

1.10.1.3 Adopting Agency Identification

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.

1.10.2 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 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.

1.10.2.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.

Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.2.2 Applicable Building Standards

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, 1275, and 129850.

References - Health and Safety Code Sections 127010, 127015, 1275, and 129680.

1.10.2.3 Adopting Agency Identification

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.

1.10.3 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 3

Application - Licensed clinics and any freestanding building under a hospital license where outpatient clinical services are provided.

Enforcing Agency - Local building department.

1.10.3.1 Applicable Administrative Standards

1.10.3.2 Applicable Building Standards

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.

1.10.3.3 Adopting Agency Identification

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.

1.10.4 OSHPD 4

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.

1.10.4.1 Applicable Administrative Standards

1.10.4.2 Applicable Building Standards

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 129790.

References - Health and Safety Code Sections 127010, 127015, 1275, and 129675 through 130070.

1.10.4.3 Adopting Agency Identification

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.

1.10.5 OSHPD 5

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.

1.10.5.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.

Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.5.2 Applicable Building Standards

California Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10 and 11.

Authority Cited - Health and Safety Code Sections 1275 and 129850.

References - Health and Safety Code Sections 129680, 1275 and 129675 through 130070.

1.10.5.3 Adopting Agency Identification

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.

1.11.0 Office of the State Fire Marshal

1.11.1 SFM - Office of the State Fire Marshal

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.

1.11.2 Duties and Powers of the Enforcing Agency

1.11.2.1 Enforcement

1.11.2.1.1

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.

1.11.2.1.2

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.

1.11.2.1.3

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.

1.11.2.2 Right of Entry

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.

1.11.2.3 More Restrictive Fire and Panic Safety Building Standards

1.11.2.3.1

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.

1.11.2.3.2

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.

1.11.2.3.3

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.

1.11.2.4 Request for Alternate Means of Protection

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.

1.11.2.5 Appeals

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.

1.11.3 Construction Documents

1.11.3.1 Public Schools

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.

1.11.3.2 Movable Walls and Partitions

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.

1.11.3.3 New Construction High-Rise Buildings

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.

This section shall not be construed as preventing the design of fire-extinguishing systems by persons holding a C-16 license issued pursuant to Division 3, Chapter 9, Business and Professions Code. In such instances, however, the responsibility charge of this section shall prevail.

1.11.3.4 Existing High-Rise Buildings

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.

1.11.3.5 Retention of Plans

Refer to Building Standards Law, Health and Safety Code Sections 19850 and 19851 for permanent retention of plans.

1.11.4 Fees

1.11.4.1 Other Fees

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.

1.11.4.2 Large Family Day Care

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.

1.11.4.3 High-Rise

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.

1.11.4.4 Fire Clearance Preinspection

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.

1.11.4.5 Care Facilities

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.

1.11.4.6 Requests of the Office of the State Fire Marshal

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.

1.11.5 Inspections

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.

1.11.5.1 Existing Group I-1 or R Occupancies

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.

1.11.6 Certificate of Occupancy

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.

1.11.7 Temporary Structures and Uses

UpCodes note: See Title 24, Part 2, California Building Code, Section 107.

1.11.8 Service Utilities

UpCodes note: See Title 24, Part 2, California Building Code, Section 112.

1.11.9 Stop Work Order

UpCodes note: See Title 24, Part 2, California Building Code, Section 115.

1.11.10 Unsafe Buildings, Structures, and Equipment

UpCodes note: See Title 24, Part 2, California Building Code, Section 116.

1.11.11 Adopting Agency Identification

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.

1.12.0 Reserved for the State Librarian

1.13.0 Reserved for the Department of Water Resources

1.14.0 Reserved for the State Lands Commission

101.0 General

101.1 Title

This document shall be known as the "Uniform Mechanical Code," may be cited as such, and will be referred to herein as "this code."

101.2 Scope

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.

101.3 Purpose

This code is an ordinance providing minimum requirements and standards for the protection of the public health, safety, and welfare.

101.4 Unconstitutional

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.

101.5 Validity

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.

102.0 Applicability

102.1 Conflicts Between Codes

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.

102.2 Existing Installations

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.

102.3 Maintenance

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.

102.3.1 Commercial HVAC Systems

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.

102.3.2 Residential HVAC Systems

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.

102.4 Additions, Alterations, Renovations, or Repairs

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.

102.5 Health and Safety

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.

102.6 Changes in Building Occupancy

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.

102.7 Moved Structures

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.

102.8 Appendices

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.

103.0 Duties and Powers of the Authority Having Jurisdiction

103.1 General

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.

103.2 Liability

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.

103.3 Applications and Permits

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.

103.3.1 Licensing

Provision for licensing shall be determined by the Authority Having Jurisdiction.

103.4 Right of Entry

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.

104.0 Permits

104.1 Permits Required

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.

104.2 Exempt Work

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.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of the code or other laws or ordinances of this jurisdiction.

104.3 Application for Permit

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.

104.3.1 Construction Documents

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.

104.3.2 Plan Review Fees

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.

TABLE 104.5
MECHANICAL PERMIT FEES
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

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:

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.

104.3.3 Time Limitation of Application

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.

104.4 Permit Issuance

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.

104.4.1 Approved Plans or Construction Documents

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.

104.4.2 Validity of Permit

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.

104.4.3 Expiration

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.

104.4.4 Extension

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.

104.4.5 Suspension or Revocation

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.

104.4.6 Retention of Plans

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.

104.5 Fees

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.

104.5.1 Work Commencing Before Permit Issuance

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.

104.5.2 Investigation Fees

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.

104.5.3 Fee Refunds

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.

The Authority Having Jurisdiction shall not authorize refunding of a fee paid except upon written application filed by the original permittee not to exceed 180 days after the date of fee payment.

105.0 Inspections and Testing

105.1 General

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.

105.2 Required Inspections

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.

105.2.1 Uncovering

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.

105.2.2 Other Inspections

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.

105.2.3 Inspection Requests

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.

105.2.4 Advance Notice

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.

105.2.5 Responsibility

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.

105.2.6 Reinspections

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.

105.3 Testing of Systems

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.

105.3.1 Defective Systems

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.

105.3.2 Retesting

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.

105.3.3 Approval

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.

105.4 Connection to Service Utilities

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.

106.0 Violations and Penalties

106.1 General

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.

106.2 Notices of Correction or Violation

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.

106.3 Penalties

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.

106.4 Stop Orders

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.

106.5 Authority to Disconnect Utilities in Emergencies

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.

106.6 Authority to Condemn

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.

107.0 Board of Appeals

107.1 General

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.

107.2 Limitations of Authority

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.

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