Hemet Municipal Code Div. 6 California Mechanical Code

The 2022 California Mechanical Code, codified in Part 4 of Title 24 of the California Code of Regulations, including Appendix Chapters A, B, C and D, as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the mechanical code of the city.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)

Chapter I, Division II, Administration, is deleted in its entirety from the California Mechanical Code, 2022 Edition, and replaced to read as follows:

DIVISION II ADMINISTRATION

101.0 General.

101.1 Title. This document shall be known as the Mechanical Code of City of Hemet, 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 ACCA 4 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 fail 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:

1. A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

2. A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this code.

3. Replacement of a component part that does not alter its original approval and is in accordance with other applicable requirements of this code.

4. Refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

5. 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:

1. Identify and describe the work to be covered by the permit for which application is made.

2. 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.

3. Indicate the use or occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other data in accordance with Section 104.3.1.

5. 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.

6. 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. When plans or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be charged as stated in the City of Hemet Fee Schedule. Upon submittal construction documents, this fee shall be due and payable before the construction documents will be reviewed.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5 and are in addition to the permit fees.

When plans are incomplete, changed or require 3 or more reviews so as to require additional plan review, an additional plan review fee shall be charged stated in the City of Hemet Fee Schedule or the actual expense incurred by the City of Hemet.

104.3.3 Fee Not Specified. When a plan review is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the plan review as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such plan review and extensions shall be charged at the FBHR for the staff classification performing such work.

104.3.4 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 and accompanied by a plan review extension fee as set forth in the City of Hemet Fee Schedule. 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. Every permit issued by the building official shall expire by limitation and become null unless work for which the permit was issued has not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced and no inspection of significant progress (as determined by the building official) is obtained for a period of 180 days. Before such work can be recommenced, a new permit shall be first 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 plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee.

Exceptions:

1. Demolition permits shall be valid for a period not to exceed 60 days.

2. A permittee holding an unexpired permit may apply for an extension of the time when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may 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. Permits shall not be extended more than once.

3. Permits issued for work started prior to obtaining a building permit as required under section 104 shall be valid for a period not to exceed 30 days. If an inspection(s) are performed that can verify compliance with all code requirements at the current stage of construction, therein after the permit will be automatically extended per section 104.

4. Every permit issued by the building official for residential construction shall expire by limitation and become null unless work for which the permit was issued has not commenced within 365 days from permit issuance date.

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 and accompanied by a permit extension fee as established in the City of Hemet Fee Schedule. 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.

104.4.7 Unfinished buildings and structures. Whenever the building official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such building o structure is located or other person or agent of control of said property, upon receipt of notice in writing from the building official to do so, shall, within 60 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the unpermitted work within 90 days from the date of written notice.

104.5 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City of Hemet Fee Schedule.

104.5.1 Fee Not Specified. When a permit is required for buildings, structures, electrical, gas, mechanical and plumbing systems or alterations and a fee is not specifically specified in the City of Hemet Fee Schedule, a fee shall be charged based on the Fully Burdened Hourly Rate (FBHR) staff classification performing the inspection as set forth in the City of Hemet Fee Schedule or the actual cost to the jurisdiction by an outside consultant. The administration cost for processing such inspection shall be charged at the FBHR for the staff classification performing such work.

104.5.2 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit shall be subject to a special investigation fee. This fee shall be in addition to the required permit fees. The special investigation fee shall be made before a permit may be issued for such work.

104.5.3 Special Investigation Fees. A special investigation fee shall be charged to any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be double the permit fee. This fee shall be in addition to the required permit fees. The special investigation fee shall be made before a permit may be issued for such work. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

104.5.4 Fee Refunds. The building official may authorize refunding of any fee paid hereunder in the following situations.

1. Wherein a fee was erroneously paid or collected.

2. The building official may authorize refunding of not more than 75 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done.

3. The building official may authorize refunding of not more than 75 percent of the permit fee when an application for permit is withdrawn or canceled before any inspections are performed.

The building official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment. Except for the refunding of fees paid in error, no refund of permit or plan review fees shall be made where the permit or plan review fee paid is $100.00 or less.

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 is 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:

1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place.

2. Rough-in inspection shall be made prior to the installation of wall or ceiling membranes.

3. 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 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or maintain mechanical systems or equipment or cause or permit the same to be done in violation of this code.

106.2 Notice of Violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, enlargement, alteration, repair, moving, improving, removing, converting or demolishing, equipping, using, or maintaining mechanical systems or equipment in violation of this code, or in violation of a permit under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

106.2.1 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

106.3 Violation penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be as set forth in Chapter 1-8 of the Hemet Municipal Code.

In addition thereto, violation of this code is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or the enjoinment thereof in the manner provided by law, or may take such other steps as he or she deems necessary to accommodate these ends.

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.

Section 107 Board of Appeals

107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building official shall be an ex officio member and shall act as secretary to said Board, but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules and procedures for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

107.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of this Code, nor shall the board have authority to waive requirements of this code.

107.3 Appeal Hearing Fee. A fee, as provided in the current City of Hemet Fee Study shall accompany an application for a hearing before the Board of Appeals.

107.4 Special Purposes Members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the California Building Code, 2022 Edition.

107.5 Notice of Appeal. Within the limitations provided for below, a person aggrieved by any order, act or determination of the building official or his subordinates, may appeal therefrom to the board of appeals. The appeal shall be taken by filing a written notice of appeal within 15 days, exclusive of holidays, after the date of making the order or determination or performing the act and by paying the appeal hearing fee. The notice of appeal must be in writing on a form provided by the city, and the notice must be filed and the fee paid at the office of the building official. The notice of appeal shall be sufficient to identify the act, order or determination appealed from and stated wherein it is erroneous or invalid. The operation of the act, order, or determination appealed from its suspended by the filing of the notice and appeal upon the determination of the appeal or termination of proceedings thereunder.

107.6 Hearing. The chairman of said board shall fix the time and place of hearing the appeal. The date of hearing shall not be less than 5 days nor more than 15 days after the date of filing the notice of appeal, and the hearing must not be postponed for more than ten days without good and sufficient cause. The board shall give written notice of the time and place of such hearing to the appellant and the officer or head of the department or division who act, order, or determination is appealed from. Witnesses may be sworn and examined and evidence produced by interested parties, who may appear in person or by attorney. The board shall keep a record of each appeal and proceeding thereunder. At the conclusion of the hearing, the board shall prepare and file its written findings and decision. The affirmative vote of two-thirds of the board is necessary to modify or reverse the order, act or determination appealed from. The failure of the board to file its findings and decisions within five days after termination of the hearing shall result in the automatic confirmation of the order, act or determination appealed from.

107.7 Final Decision. Any person aggrieved or affected by a decision of the board may appeal to the city council from such decision at any time within ten days after the date upon which the board announces its decision or loses jurisdiction. An appeal to the city council shall be taken by [filing] a letter of appeal with the building division and by concurrently paying to such division an appeal hearing fee in the amount established by the City of Hemet Fee Schedule. Such letter shall set forth the grounds upon which the appeal is based. Within 15 days after the receipt of the letter of appeal and the filing fee, the building division shall transmit to the city council the letter of appeal and the record of appeal at the board and the board's findings and decisions. The city council may firm, reverse, or modify the decision of the board.

107.8 Absence of Board of Appeals. [In] the event the board as established in Section 107.1 herein above should for any reason not be appointed by the city council or cease to exist after such appointment, the city council may serves as the board of appeals.

Section 108 Violations

108.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

108.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

108.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

108.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

108.5 Violation Penalties. Any person, firm or corporation violating any of the provisions, regulations, requirements, additions, amendments and/or deletions of this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall be set forth in Chapter 1-8 of the Hemet Municipal Code.

108.5.1 In addition thereto, violation of this code is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or enjoinment thereof in the manner provided by law, or any take such other steps as he or she deems necessary to accommodate these ends.

Section 109 Stop Work Order

109.1 Authority. Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.

109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

109.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)