San Marino Municipal Code Art. 05 Mechanical Code

Except as hereinafter provided, the California Mechanical Code, 2025 Edition, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, including all appendices, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Mechanical Code of the City. A copy of such Code shall be located in the office of the City Clerk and shall be, at all times, maintained by the Planning and Building Department for use and examination by the public. For the purposes of this Code, the Building Official shall be the Building Official.

(Ord. 0-19-1357, 11-13-2019; amd. Ord. O-22-1400, 1-11-2023; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, section 103.3 of the Mechanical Code is amended to include an additional paragraph to read as follows:

The Building Official shall review applications, plans, specifications, computations and other data filed by an applicant for a permit. Such plans may be reviewed by other departments of this City to verify compliance with applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of the Mechanical Code and other pertinent laws and ordinances and that the fees established by Resolution of the City Council have been paid, the Building Official shall issue a permit therefor to the applicant.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, sections 104.3.2 and 104.3.3 of the Mechanical Code are amended to read as follows:

104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by this code 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 equal to 100 percent of the total permit fee as established by resolution of the City Council. 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 or changed so as to require additional plan review, a fee shall be charged in the amount established by resolution of the City Council.

104.3.3 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 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.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, sections 104.4.3 and 104.4.5 of the Mechanical Code are amended to read as follows:

104.4.3 Expiration. Mechanical permits will remain valid if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. Before such work can be recommenced, the permit shall first be renewed, provided no changes have been made or will be made in the original plans and specifications for such work. If an applicant wishes to renew a permit that has been expired for less than 180 days, 50% of the original fees paid shall be required to renew the permit. If an applicant wishes to renew a permit that has been expired for more than 180 days, 100% of the original fees paid shall be required to renew the permit. The Building Official may extend the permit expiration date for a period not exceeding 180 days on written request (submitted prior to the expiration date) 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.

104.4.5 Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of the City Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinances or regulations of the City.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, section 104.5 of the Mechanical Code is amended to read as follows:

104.5 FEES.

All fees pursuant to the Mechanical Code shall be as established by and set forth in a resolution of the City Council.

104.5.1 Permit Fees. All fees pursuant to the Mechanical Code shall be as amended and established by resolution of the City Council.

104.5.2 Investigation. Whenever any work which requires a permit pursuant to the Mechanical Code has been commenced without first obtaining said permit, a special Investigation shall be made before a permit may be issued for such work.

104.5.2.1 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit fee is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by the City Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Mechanical Code nor from any penalty prescribed by law.

104.5.3 Fee Refunds.

104.5.3(1) The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected.

104.5.3(2) The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the Mechanical Code.

104.5.3(3) The Planning and Building Department shall not authorize refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, section 107.1 of the Mechanical Code is hereby amended to read as follows:

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 the Mechanical Code, there shall be and is hereby created a Board of Appeals consisting of the members of the City Council. The Building Official shall be an ex officio member of and shall act as Secretary to said Board but shall have no vote on any matter before the Board. The Board shall adopt rules of 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. The Board may request the services of members of the community who are qualified by experience and training to interpret matters pertaining to the Mechanical Code to act as technical assistants to the Board. Technical assistants shall have no vote on any matter before the Board.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)

Notwithstanding the provisions of section 25.05.01 of this article, section 106.0 of the Mechanical Code is amended to read as follows:

106.0 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, impound, remove, convert or demolish, equip, use or maintain mechanical systems or equipment or cause or permit the same to be done in violation of the Mechanical Code.

It is hereby declared that any violation of the Mechanical Code constitutes a public nuisance, and in addition to any other remedies provided by the Mechanical Code for its enforcement, the administrative authority may bring civil suit to enjoin the violation of any provisions of the Mechanical Code.

Any person, firm or corporation violating any of the provisions of the Mechanical Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Section 01.04.03 A of this Code. Each separate day or any portion thereof during which violation of the Mechanical Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

(Ord. 0-19-1357, 11-13-2019; Ord. O-25-1423-U, 9-26-2025)