Emeryville Municipal Code Art. 2 Building Sewer Lateral

(a) Building Sewer Lateral Required. Every building in which plumbing fixtures are installed and every premises having waste drainage piping shall install, operate and maintain a building sewer lateral connected to the public sewer in conformance with this chapter.

(b) No Direct Discharges to Public Sewers. No person shall discharge any substance directly to a manhole or other opening in a public sewer other than through an approved building sewer lateral except with the written approval of the Director.

(c) Cleanout Required. In addition to the required building sewer lateral as defined in subsection (a) of this section, the property owner shall be responsible for the installation of a two (2) way cleanout in the building sewer lateral between the upper sewer lateral and lower sewer lateral in a location approved by the Director. Such cleanout shall conform to the City of Emeryville Standard Details.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

(a) Sewer Lateral Permit Required. A sewer lateral permit shall be obtained from the Building Official before construction of a new building sewer lateral, or the repair, replacement, or abandonment of an existing building sewer lateral, or before performing a verification test on an existing building sewer lateral. However, no sewer lateral permit shall be required for the clearance of sewer stoppages in a building sewer lateral. The issuance of a sewer lateral permit in accordance with the provisions of this chapter shall satisfy the requirements of Chapter 2 of Title 7 regarding excavations and encroachments in the public right-of-way.

(b) Permit Application. The property owner's appropriately licensed contractor shall apply in person for the sewer lateral permit. No sewer lateral permit shall be issued until the following have been submitted by the property owner or the property owner's appropriately licensed contractor and approved by the Building Official and Director:

(1) The name, address, telephone number and e-mail address of the property owner and the property owner's appropriately licensed contractor undertaking the work pursuant to the sewer lateral permit. A telephone number shall be provided for a twenty-four (24) hour contact.

(2) If a new building sewer lateral with a new connection to the public sewer is proposed, provide a site plan showing the location of all existing building sewer laterals on the property connected to the public sewer, the proposed location of the new building sewer lateral, identification of any existing building sewer lateral(s) to be abandoned, all cleanouts on the building sewer lateral, and all areas of excavation within the public right-of-way (sidewalk and street).

(3) The name and address of the entity responsible for hauling, transporting and disposing of any excess soils and the name and address of the disposal facility. Prior to receiving a final inspection pursuant to the sewer lateral permit, the applicant shall provide the City a copy of the manifest or receipt for all soils disposed of as a result of the work undertaken pursuant to the sewer lateral permit.

(4) List of materials that shall be used to construct the building sewer lateral and written verification that all material to be used in the work, including materials for restoration of the public right-of-way, will be on hand and ready to use prior to any portion of the work beginning.

(5) Payment of sewer connection and sewer lateral permit fees as follows:

(i) For a new sewer connection and inspection thereof, the property owner or the property owner's appropriately licensed contractor shall pay the current sewer connection fee as set from time to time by resolution of the City.

(ii) For a new building sewer lateral or a repair, replacement, or abandonment of an existing building sewer lateral and inspection thereof, the property owner or the property owner's appropriately licensed contractor shall pay the current sewer lateral permit fee as set forth in the master fee schedule approved annually by resolution of the City.

(6) Performance Security. In order to ensure the completion of the work authorized by the sewer lateral permit in accordance with this chapter, as determined by the Director, the property owner or the property owner's appropriately licensed contractor shall either (i) deposit one thousand dollars ($1,000.00) with the City, (ii) provide the City of Emeryville a performance bond in the amount of ten thousand dollars ($10,000.00), issued by an admitted surety insurer in the State of California on a form provided by the City, or (iii) provide security in the form of cash or bond or both in such amount as deemed acceptable to the Director.

(7) Evidence of workers' compensation insurance and general liability insurance for the property owner's appropriately licensed contractor in such amounts and type as specified by the City on the sewer lateral permit. The general liability insurance shall name the City as an additional insured.

(c) Business License. The property owner's appropriately licensed contractor undertaking the work pursuant to the sewer lateral permit shall possess an active City of Emeryville business license and any and all fees shall be paid and current.

(d) Form and Conditions of the Permit. The sewer lateral permit, when signed by the Director and Building Official, shall constitute permission to do the work. The sewer lateral permit shall be void if the work is not commenced and completed within the period specified on the permit unless an extension of time is granted in writing by the Director. Sewer lateral permits shall not be transferable.

(e) Work on Building Sewer Lateral by Appropriately Licensed Contractor Only. Any and all work authorized by issuance of a sewer lateral permit shall only be undertaken by an appropriately licensed contractor. No work authorized by the sewer lateral permit may be undertaken by an owner-builder unless such owner-builder is an appropriately licensed contractor.

(f) Notice of Commencement of Work. The property owner's appropriately licensed contractor shall give notice of the time of commencement of the work to the Director and Underground Service Alert, as required by law, at least forty-eight (48) hours before the work is started. Similar notice shall be given to the Police Department, Fire Department and utility companies if required on the sewer lateral permit.

(g) Revocation of Permit. The Director or Building Official may revoke a sewer lateral permit for noncompliance with any applicable laws, regulations or field directives of the Director, Building Official or their authorized representatives.

(h) Final Inspection. Unless otherwise covered by an exception pursuant to Section 7‑8.207(f), any sewer lateral permit issued by the City for any property that is subject to the provisions of this chapter and the EBMUD Regional PSL Ordinance shall not receive a final inspection unless a compliance certificate is issued by EBMUD and filed with the City. Notwithstanding the foregoing, a parcel of real property owned by a public entity shall not be required to obtain a compliance certificate issued by EBMUD.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

(a) Standards. All construction standards and methods shall comply with the City of Emeryville Standard Details, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, applicable standard of the American Society for Testing and Materials, and the EBMUD Regional PSL Ordinance. The Director shall be responsible for resolving possible conflicts between any of these standards.

(b) Design.

(1) All aspects of the building sewer lateral design, including but not limited to the size, slope, and alignment, the method of excavation, placing of the pipe, testing of the building sewer lateral and backfilling the trench shall be in conformance with this chapter, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, the current edition of the EBMUD Regional PSL Ordinance, and any rules or regulations promulgated by the Director. All connection joints shall be watertight and free of defects and shall conform to the standards as set forth in ASTM D3212. All gaskets shall conform to the standard set forth in ASTM F477.

(2) Any connection of a new building sewer lateral to the sewer main, or any connection of a new building sewer lateral to an existing fitting at the sewer main, shall be inspected by the Director prior to the actual connection occurring to ensure the proper design, materials, and methods will be applied in compliance with this chapter. Unauthorized and nonconforming connections to the sewer main can only be repaired by the City. The cost of repairing any unauthorized or nonconforming connections to the sewer main shall be the responsibility of the property owner to which such connection serves.

(3) Whenever possible, the building sewer lateral shall be brought to the building at an elevation below the basement floor. Within buildings where any interior building sewage drain is below the building sewer lateral such that proper flow via gravity as specified by this chapter cannot be achieved, the sanitary sewage can be discharged by means of an approved mechanical sewage pump facility and discharged into the building sewer system. The design of said pumping system shall be in accordance with this chapter, other applicable regulations, and receive the approval of the Building Official and Director during the sewer lateral permit plan check process.

(4) The building sewer lateral shall have a two (2) way cleanout located approximately at the property line or, in the case where the building sewer lateral is all within private property, in a location approved by the Director.

(c) Materials. All materials used in the construction, repair, or replacement of any building sewer lateral shall be in conformance with the City of Emeryville Standard Plans, the current adopted edition of the California Plumbing Code, the latest edition of the APWA Standard Specifications for Public Works Construction, applicable standard of the American Society for Testing and Materials, and any rules or regulations promulgated by the Director.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

All measurements, tests, and analyses of the characteristics of waters, wastewaters and their conveyance to which reference is made in this chapter shall be determined in accordance with the latest editions of the EBMUD Regional PSL Ordinance, APWA Standard Specifications for Public Works Construction, the California Plumbing Code, and the Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association and the American Water Works Association.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

An existing building sewer lateral or its connection which is to be abandoned shall be removed or sealed with a permanent, watertight plug at the connection to the sewer main in a manner satisfactory to the Director. All other openings of the abandoned building sewer lateral including plumbing connections, cleanouts, rat holes, etc., shall also be sealed in a manner satisfactory to the Director.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

(a) Responsibility. It shall be the responsibility of the property owner to perform all required maintenance, repairs and inspections to keep the building sewer lateral in the condition as specified by subsection (b) of this section.

(b) Required Maintenance.

(1) The building sewer lateral must be maintained to meet the following minimum requirements:

(i) The building sewer lateral shall be kept free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

(ii) All joints shall be tight and all pipes shall be sound to prevent exfiltration by waste or infiltration by groundwater or stormwater.

(iii) The building sewer lateral pipe shall be free of any structural defects, cracks, breaks, or missing portions and the grade shall be uniform without sags or offsets.

(iv) No area drains, foundation drains, roof leaders, sump pumps or other direct connections that allow stormwater or groundwater into the building sewer lateral are allowed.

(v) All cleanouts shall be secured with an approved cap at all times, except during maintenance activities.

(vi) The building sewer lateral shall be free from breaks, openings, and rat holes.

(vii) The building sewer lateral shall be free of any material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or the public sewer.

(viii) Property owners and food service operators are required to control the discharge of fats, oils, and grease (FOG) into the sanitary sewer system from their properties or food service establishments, and not cause or contribute to FOG related overflows, blockages, or increased maintenance in the sanitary sewer system or wastewater treatment facilities according to the current standards established by EBMUD and the City.

(2) The Director shall determine the criteria and acceptable methods of evaluating building sewer laterals to ensure compliance with the above requirements.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

(a) Owner Responsibilities. It shall be the responsibility of the property owner to perform all required inspections of their building sewer lateral, obtain a sewer lateral permit, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, abandon any inactive building sewer lateral, obtain and file with the City a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance (excepting parcels of real property owned by a public entity), and obtain a final inspection from the City of their building sewer lateral when one (1) or more of the following triggering events occurs:

(1) Title Transfer. Prior to the sale or transfer of an entire real property estate or the fee interest in that real property estate. The following shall not be considered a title transfer for purposes of this chapter:

(i) The sale or transfer of a partial interest, including a leasehold.

(ii) Transfer by a fiduciary in the course of the administration of a decedent's estates, guardianship, conservatorship, or trust.

(iii) Transfer from one (1) co-owner to one (1) or more other co-owners, or from one (1) or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors.

(iv) Transfer made by a trustor to fund a living trust.

(v) Transfer made to a spouse, to a registered domestic partner as defined in Section 297 of the State of California Family Code, or to a person or persons in the lineal line of cosanguinity of one (1) or more of the transferors.

(vi) Transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree.

(2) Construction and Remodeling. Whenever a property owner or its authorized agent applies for a building permit for any type of construction on the subject property that exceeds one hundred thousand dollars ($100,000.00) in construction valuation or exceeds one hundred thousand dollars ($100,000.00) in cumulative construction valuation for all building permits issued for any type of construction on the subject property over a three (3) year period.

(3) Change in Water Service Size. Whenever a property owner or its authorized agent applies to EBMUD to increase or decrease the size of the property's water meter.

(4) Notice of Violation. Whenever a property owner or its authorized agent has received a written notice of violation from the City with respect to the condition of the building sewer lateral based on testing conducted by the City or its authorized representative.

(5) City Inspection. Whenever a property owner or its authorized agent has received a written notice of violation from the City with respect to the condition of the building sewer lateral based on observations from the City or its authorized representative.

(6) Voluntary Request for Compliance Certificate. Whenever a property owner or its authorized agent voluntarily requests a compliance certificate.

(7) Repair of Building Sewer Lateral. Whenever a property owner or its authorized agent voluntarily requests a permit to repair or replace the building sewer lateral.

(8) Subdivision of Property. Whenever a property owner or its authorized agent obtains approval of the division of a parcel or parcels of real property pursuant to the provisions of Chapter 6 of Title 9.

(b) The property owner, its authorized agent or appropriately licensed contractor must present the City with a valid compliance certificate from EBMUD for the property prior to final approval of any and all City permits issued pursuant to subsection (a)(2), (3), (4), (5), (6), (7) or (8) of this section.

(c) A compliance certificate issued by EBMUD to a property owner pursuant to subsection (a) of this section shall be valid for seven (7) years if the building sewer lateral is repaired, except as indicated in subsections (d) and (e) of this section, or twenty (20) years if the building sewer lateral is replaced.

(d) Individually Owned Units in a Common Interest Development. For all individually owned units within a common interest development as defined in the California Civil Code, which is served by a single or shared building sewer lateral(s), the association or responsible party for the common interest development shall be responsible for compliance with all of the following requirements:

(1) By January 1, 2017, provide evidence that the association's reserve study performed pursuant to California Civil Code Section 5550, or any successor statutory authority thereto, identifies the need and funding for complying with the requirements of the provisions of subsection (d)(2) of this section and the EBMUD Regional PSL Ordinance by July 12, 2021.

(2) By July 12, 2021, perform all required inspections of their building sewer lateral, obtain all required sewer lateral permits, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, and abandon any inactive building sewer lateral.

(3) By July 12, 2021, obtain a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance and a final inspection from the City as specified in this chapter.

(4) The compliance certificate issued by EBMUD shall be valid for twenty (20) years from the date issued. Upon expiration of the compliance certificate, the association must obtain a new compliance certificate pursuant to the requirements of this chapter within five (5) years thereafter.

(e) Property Developments Other Than Those Specified in Subsection (d) of This Section with Building Sewer Laterals Totaling Greater Than One Thousand Feet (1,000') in Length. By June 4, 2016, upon the sale of the property, or upon the performance of building remodeling in excess of one hundred thousand dollars ($100,000.00) in valuation, whichever is sooner, the property owner of a parcel or contiguous parcels of real property under common ownership with building sewer laterals totaling greater than one thousand feet (1,000') in length shall:

(1) Prepare and submit a corrective action work plan to the City for approval. As used herein, the corrective action work plan shall describe the type, quantity and schedule of work needed to bring all building sewer laterals associated with the parcel or contiguous parcels of real property under common ownership into compliance with the standards set forth in subsection (a) of this section and the EBMUD Regional PSL Ordinance. The City shall approve the corrective action work plan if it determines that the proposed work will result in full compliance within a reasonable time, not to exceed five (5) years from the date the corrective action work plan is approved.

(2) Upon approval of the corrective action work plan by the City, the property owner of a parcel or contiguous parcels of real property under common ownership for the property development shall, within the approved schedule, perform all required inspections of their building sewer lateral, obtain all required sewer lateral permits, perform all required construction, schedule inspections with the City and EBMUD, perform and pass a verification test witnessed by the City and EBMUD for each building sewer lateral serving the property, and abandon any inactive building sewer lateral.

(3) Obtain and file with the City a compliance certificate from EBMUD as specified in the EBMUD Regional PSL Ordinance (excepting parcels of real property owned by a public entity), and obtain a final inspection from the City of their building sewer lateral.

(4) The compliance certificate issued by EBMUD shall be valid for twenty (20) years from the date issued. Upon expiration of the compliance certificate the property owner must obtain a new compliance certificate pursuant to the requirements of this chapter within five (5) years thereafter.

(f) Exceptions.

(1) A property owner of a structure with a building sewer lateral that is less than ten (10) years old from the date of (i) intended title transfer, (ii) obtaining a permit for remodeling, or (iii) obtaining an approval from EBMUD for a change in water service and has sufficient evidence, such as a valid building permit showing that the building sewer lateral was replaced in total and received a final inspection from the City, may request an exemption certificate from EBMUD and does not have to pass a verification test or obtain a compliance certificate.

(2) A property owner of a structure with a building sewer lateral which the Director determines that the lower sewer lateral was replaced within ten (10) years from the date that a compliance certificate is required by this chapter is therefore exempt from the requirement of passing a verification test on the lower sewer lateral, but must still pass a verification test and obtain a compliance certificate from EBMUD as to the upper sewer lateral.

(3) If at the time of repair or replacement of any building sewer lateral, there is an action in place by the City that would prevent the repair or replacement of the lower sewer lateral in compliance with this chapter, the Director may temporarily waive the requirements of this chapter for the lower sewer lateral. In such case, a compliance certificate will only be required for the upper sewer lateral. Upon conclusion of the City action, the Director will rescind the waiver and shall issue a notice to proceed to the affected property owner, now directing them to complete the repair or replacement of the lower sewer lateral within a specific time limit such that the lower sewer lateral will be in compliance with this chapter and the EBMUD Regional PSL Ordinance. Failure to obtain a valid compliance certificate for the lower sewer lateral in a timely manner and to otherwise not comply with the terms in the notice to proceed shall constitute a violation of this chapter and will be subject to enforcement by the City according to this chapter.

(4) A property owner of a structure with a compliance certificate issued by EBMUD pursuant to the EBMUD Regional PSL Ordinance and this chapter which is still in effect as of the date of (i) intended title transfer, (ii) obtaining a building permit for any type of construction that exceeds one hundred thousand dollars ($100,000.00) in construction valuation or one hundred thousand dollars ($100,000.00) in cumulative construction valuation for all building permits issued for any type of construction over a three (3) year period, or (iii) obtaining an approval from EBMUD for a change in water service.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

Whenever, in the opinion of the Director, the public health, safety, or welfare shall require that repairs or protective measures to a building sewer lateral be made or instituted immediately, he or she is hereby authorized to proceed with all necessary work to abate the condition and may enter upon private property for such purpose. The Director may erect and maintain all necessary barricades, warning lights, and other protective devices upon public or private property. The Director shall notify the property owner of the premises as the circumstances shall allow.

The property owner of the premises upon which the condition exists and the person creating such condition shall be jointly and severally liable to the City for all costs incurred by it in abating the emergency condition and erecting and maintaining said protective devices.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

The Director shall investigate all dangerous and unsanitary conditions existing in or about building sewers laterals and shall periodically require that building sewer laterals be tested. If such a condition is a menace to life, health, safety, or property, or is in violation of law including this chapter, the Director shall, in writing, order the property owner of the premises to discontinue use of the sanitary sewer system, or to discontinue all construction work with respect to the building sewer lateral, and to abate the condition in such manner as shall comply with the law. Any stoppage in the building sewer lateral or break in the watertight integrity of the building sewer lateral shall be conclusively presumed to be a menace to life, health, safety or property for purposes of requiring abatement of such a condition.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

Upon notification by the City of a faulty building sewer lateral which has been deemed an emergency situation by the Director, the property owner shall cause the repair or replacement of said faulty building sewer lateral within forty-eight (48) hours from the date of notification, verbal or written. If the property owner fails to comply with said order, the City shall have the right to make or have made the necessary repairs and a lien shall be placed against the property for any and all costs incurred as authorized by this chapter.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

The EBMUD Regional PSL Ordinance is hereby adopted by reference. The City Council may from time to time designate by resolution any amendments or modifications to the ordinance thereto, as the ordinance may be periodically revised by EBMUD. One (1) copy of the EBMUD Regional PSL Ordinance shall be kept on file at the Department of Public Works.

(Sec. 2 (part), Ord. 15-002, eff. March 19, 2015; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)