CHAPTER 6.
PLUMBING CODE

Sections:

8-6.01    Title.

8-6.02    Adoption.

8-6.03    Applicability of California Plumbing Code Appendix Chapters.

8-6.04    Amendments to California Plumbing Code.

8-6.01 Title.

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

(Sec. 8, Ord. 22-013, eff. Jan. 1, 2023)

8-6.02 Adoption.

The following documents are hereby collectively adopted as the Plumbing Code of the City of Emeryville:

(a)    The 2021 Uniform Plumbing Code (UPC) as amended by the State and known as the 2022 California Plumbing Code (CPC) as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and the California Building Standards Commission, and as further modified and amended by this chapter.

A copy of this code is on file in the office of the Building Official.

(Sec. 8, Ord. 22-013, eff. Jan. 1, 2023)

8-6.03 Applicability of California Plumbing Code Appendix Chapters.

Wherever in the California Plumbing Code reference is made to an appendix chapter, the provisions of said appendix chapter shall not apply unless specifically adopted by this code. The following table is provided for reference:

Appendix Chapter

Subject

Applicability

A

Recommended Rules for Sizing the Water Supply System

Applicable HCD 1 and 2

B

Explanatory Notes on Combination Waste and Vent Systems

Not Applicable/Not Adopted

C

Alternate Plumbing Systems

Not Applicable/Not Adopted

D

Sizing Storm Water Drainage Systems

Applicable HCD 1 and 2

E

Manufactured/Mobile Home Parks and Recreational Vehicle Parks

Not Applicable/Not Adopted

F

Firefighter Breathing Air Replenishment Systems

Not Applicable/Not Adopted

G

Sizing of Venting Systems

Not Applicable/Not Adopted

H

Private Sewage Disposal Systems

Applicable HCD 1 and 2

I

Installation Standards

Applicable HCD 1 and 2

J

Combination of Indoor and Outdoor Combustion and Ventilation Opening Design

Not Applicable/Not Adopted

K

Potable Rainwater Catchment Systems

Not Applicable/Not Adopted

L

Sustainable Practices

Not Applicable/Not Adopted

M

Peak Water Demand Calculator

Not Applicable/Not Adopted

N

Impact Water Temp/Scalding/Legion Growth

Not Applicable/Not Adopted

(Sec. 8, Ord. 22-013, eff. Jan. 1, 2023)

8-6.04 Amendments to California Plumbing Code.

The 2022 California Plumbing Code is hereby amended as follows:

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

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

(b)    Section 103.0 is amended to read as follows:

103.0 Duties and Powers of the Authority Having Jurisdiction. The Building Division of the City of Emeryville Community Development Department is hereby designated as the enforcement agency for this code and the official in charge thereof shall be known as the Building Official or the Authority Having Jurisdiction. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall be in conformity with the intent and purpose of this code.

(c)    Section 104.1.1 is added to read as follows:

104.1.1 Permits Required General Requirements for Gas Shut-Off Valves.

Automatic gas shut-off valves installed either in compliance with this Section or voluntarily pursuant to a plumbing permit, shall comply with Chapter 12 of the 2022 California Plumbing Code is adopted in its entirety subject to the modifications thereto which are set forth.

(d)    Section 104.3.2 is amended to read as follows:

104.3.2 Plan Review Fees. When submittal documents are required by Section R106.1 of this Chapter, a plan review fee shall be paid at the time of submitting the said documents for review, a plan review fee shall be paid at the time of submitting the said documents for review. Said plan review fee shall be assessed by the Building Official in accordance with the schedule described in the City of Emeryville Master Fee Schedule. The plan review fee specified in this Section is separate from and in addition to the permit fee specified in the Section 109.1.1 of this Chapter. This review fee shall cover a maximum of two reviews and a consultation consisting of no more than one hour of staff time to review. Any further re-checking shall be subject to the additional plan checking fee established in the fee schedule described in City of Emeryville Master Fee Schedule; moreover, when submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items, revisions after permit issuance, the additional plan review fee shall be charged as specified in said fee schedule.

(e)    Section 104.4.3.1 is added to read as follows:

104.4.3.1 Renewal Permit. In the event that an initial or a renewed permit expires before the work is complete, the completion of the work shall require the issuance of a “completion” permit. The payment of an additional permit fee; moreover, the Building Official shall have the authority to require the resubmittal of plans, a new plan review, and/or the updating or reassessment of the valuation of the incomplete work. This completion permit will require that all incomplete work conform to the laws, regulations, rules, and ordinances in effect at the time of issuance and that all work be completed prior to the expiration date; no further extensions or renewals shall be allowed. The completion permit fee shall be established as indicated in the City of Emeryville Master Fee Schedule and in accordance with the schedule of previously completed and inspected work. Notwithstanding the above, in the event that a permittee fails to complete the work and to obtain a completion permit within one (1) year following the expiration of an initial or a renewal permit, the work may not be completed pending the issuance of a new permit. The Building Official shall have the authority to require the resubmittal of some or all of the plans and specifications, a partial or complete plan review, the payment of additional review and filing fees, and that all work conform to the laws, regulations, rules, and ordinances in effect at the time of the latest permit application.

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

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

(g)    Section 104.5.3 amended to read as follows:

104.5.3 Fee Refunds. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee or applicant. The Building Official may authorize refunding of any fee paid under this code that was erroneously paid or collected. The Building Official may authorize the refunding of a maximum of 80% of the plan review fee paid if no plan review comments have been issued by the Building Official prior to the receipt of the request for refund. No refund of this fee shall be authorized following the issuance of the initial plan review comments by the Building Official.

The Building Official may authorize the refunding of a maximum of 80% of the initial permit fee paid when no work has been done under an unexpired permit issued in accordance with this code. If no work has been done and an issued permit has expired, the Building Official may authorize refunding of not more than 40% of the said permit fee, provided that the request for refund is submitted within one (1) year following the permit expiration; after one (1) year beyond the permit expiration date, no refund of the permit fee shall be authorized. No transfer of permit fees paid for one permit application to a subsequent permit application shall be authorized.

(h)    Section 1209.1.1 is added to read as follows:

1209.1.1 General Requirements for Gas Shut-Off Valves. Automatic gas shut-off valves installed either in compliance with this Section or voluntarily pursuant to a plumbing permit issued on or after the effective date of this Section, shall comply with the following:

(i)    Section 1209.1.2 is added to read as follows:

1209.1.2 Installation. Motion activated seismic gas shut-off valves shall be mounted rigidly to the exterior of the building or structure containing the fuel gas piping and installed downstream side of the gas utility meter unless otherwise specified in the manufacturer’s installation instructions.

(j)    Section 1209.1.3 is added to read as follows:

1209.1.3 Definitions. For the purpose of this Section terms shall be defined as follows:

AUTOMATIC GAS SHUT-OFF VALVE shall mean either a motion activated gas shut-off valve or device or an excess flow gas shut-off valve or device.

DOWNSTREAM OF GAS UTILITY METER shall mean all gas piping on the property owner’s side of the gas meter and after the service tee.

EXCESS FLOW GAS SHUT-OFF VALVE shall mean an approved valve or device that is activated by significant gas leaks or overpressure surges that can occur when pipes rupture inside a structure. Such valves are installed at each appliance, unless otherwise specified by the manufacturer’s installation instructions.

MOTION ACTIVATED GAS SHUT OFF VALVE shall mean an approved gas valve activated by motion. Valves are set to activate in the event of a moderate or strong seismic event greater than 5.0 on the Richter scale.

UPSTREAM OF GAS UTILITY METER shall mean all gas piping installed by the utility up to and including the meter and the utility’s service tee.

(k)    Section 1209.1.4 is added to read as follows:

1209.1.4 Devices When Required. Approved automatic gas shut-off valves shall be installed as follows:

(1)    New Construction. In any new building construction containing gas piping for which a building permit is first issued on or after the effective date of this Section.

(2)    Existing Buildings. In any existing building, when any addition, alteration or repair is made for which a building permit is issued on or after the effective date of this Section and the valuation for the work exceeds $50,000.

(l)    Section 1209.1.5 is added to read as follows:

1209.1.5 Listed Devices. Approved automatic gas shut-off valves shall be installed:

1.    Be tested and listed by recognized testing agencies such as the Independent Laboratory of the International Approval Services (IAS), Underwriter’s Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO) or any other agency approved by the State of California Office of the State Architect (OSA).

2. Be listed by the State of California Office of the State Architect (OSA).

3. Be installed on downstream side of the gas utility meter.

4. Be installed in accordance with the manufacturer’s instructions.

5. Be installed in accordance with a plumbing permit issued by the City of Emeryville.

6. Provide a method for expedient and safe gas shut-off in an emergency.

7. Provide a capability for ease of consumer or owner resetting in a safe manner.

(Exceptions)

1.    Buildings with individually metered residential units when the building contains 5 or more residential units, unless the units are condominiums.

2.    For residential or mixed-use condominium buildings, valves are required when the value of the work exceeds $50,000 in any single condominium unit or when any work done outside of the units exceeds $50,000.

3.    Commercial occupancies and uses in mixed use buildings of residential and non-residential occupancies with a single gas service line larger than 1 1/2 inches that serves the entire building.

4.    Automatic gas shut-off valves installed with a building permit on a building prior to the effective date of this Section provided the valves remain installed on the building or structure and are adequately maintained for the life of the building or structure.

5.    Automatic gas shut-off valves installed on a gas distribution system owned or operated by a public utility.

(Sec. 8, Ord. 22-013, eff. Jan. 1, 2023)