Berkeley Municipal Code Art. 1 Scope and Administrative Provisions

Chapter 1 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 SCOPE AND ADMINISTRATION

SECTION 101 – GENERAL

101.1 Title. These regulations shall be known as the Berkeley Building Code, hereinafter referred to as "this Code".

101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.10, and referenced elsewhere in this Code, shall be considered part of the requirements of this Code to the extent prescribed in each such reference.

101.4.1 Gas. The provisions of the Berkeley Mechanical Code, based on the 2025 California Mechanical Code, and the Berkeley Plumbing Code, based on the 2025 California Plumbing Code, as amended herein, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.2 Mechanical. The provisions of the Berkeley Mechanical Code, based on the 2025 California Mechanical Code, as amended herein, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

101.4.3 Plumbing. The provisions of the Berkeley Plumbing Code, based on the 2025 California Plumbing Code, as amended herein, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Berkeley Plumbing Code shall apply to private sewage disposal systems.

101.4.4 Residential property maintenance. The provisions of the Berkeley Housing Code, as adopted in Chapter 19.40, shall apply to existing residential buildings and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building Code shall not be deemed to be in violation of the Housing Code provisions that may conflict.

101.4.5 Fire prevention. The provisions of the Berkeley Fire Code based on the 2025 California Fire Code, as adopted in Chapter 19.48, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.4.6 Energy. The provisions of the Berkeley Energy Code, based on the 2025 California Energy Code, as amended herein, shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Existing buildings. The provisions of the Berkeley Existing Building Code, based on the 2025 California Existing Building Code, as amended herein, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

101.4.8 Wildland-Urban Interface. The provisions of the Berkeley Wildland-Urban Interface Code, based on the 2025 California Wildland-Urban Interface Code and adopted in Chapter 19.49, shall apply to building materials, systems and/or assemblies used in the exterior design and construction of new, altered, additions to and demolition of buildings, structures or premises located within a wildland-urban interface (WUI) area.

101.4.9 Electrical. The provisions of the Berkeley Electrical Code, based on the 2025 California Electrical Code, as amended herein, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.10 Green. The provisions of the Berkeley Green Code, based on the 2025 California Green Building Standards Code, as amended herein, shall apply to enhanced design and construction of buildings through the use building concepts having a reduced negative impact or the positive environmental impact and encouraging sustainable construction practices.

101.5 References to prior codes. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former Berkeley Building Code editions, shall be construed to apply to the corresponding provisions contained within the 2025 Berkeley Building Code Ordinance No. 7,988–N.S. and all ordinances amendatory thereof. Any ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 103 – DIVISION OF BUILDING AND SAFETY

103.1 Creation of enforcement agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

103.2 Appointment. The building official shall be appointed by the City Manager.

103.3 Deputies. In accordance with the prescribed procedures of the City of Berkeley, the building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, permit technicia

tion and enforcement of the provisions of this code.

103.2 Appointment. The building official shall be appointed by the City Manager.

103.3 Deputies. In accordance with the prescribed procedures of the City of Berkeley, the building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, permit technicians, and other technical officers and employees. Such employees shall have powers as delegated by the building official.

SECTION 104 – DUTIES AND POWERS OF BUILDING OFFICIAL

104.2.3 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

Exception: Reserved

104.7 Official records. The building official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise required for a longer period by the retention of public record policy of the city.

104.7.1 Approvals. A record of applications received, approved plans, permits and certificates issued shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws.

104.7.2 Inspections. The building official shall keep a record of each inspection made, including notices of violations issued, notices and orders issued, administrative citation warning letters issued, citations issued and appeals received showing the findings and disposition of each.

104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the building official for either shall be in writing and shall be retained in the official records.

104.7.4 Tests. The building official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.

104.7.5 Fees. The building official shall keep a record of invoices issued, fees collected and fees refunded in accordance with Section 109.

104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition with documentation justifying the condition, labeled and graded as required and expressly approved by the building official.

Add a new Subsection 104.10 to read:

104.10 Unpermitted dwelling units. When a building permit record for a residential unit does not exist, the building official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

SECTION 105 – PERMITS

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar non-occupiable uses, provided that the floor area does not exceed than 120 square feet (11.15 m2), there is an existing primary structure on site and no electrical, plumbing and/or mechanical systems are installed. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Building and Safety Division for that purpose. Such application shall not become valid until accepted by the Division as complete and applicable fees paid. Such application shall:

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

2. Describe the land on 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 and location of work.

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

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work as required in Section 109.3.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and info

posed building and location of work.

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

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work as required in Section 109.3.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official.

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed expired 365 days after the date of filing, or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days per extension. The extension shall be requested in writing and justifiable cause demonstrated on a form furnished by the Building and Safety Division for that purpose. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council. An application, once abandoned, shall be deemed expired and a new application will be required to be submitted.

Exception. If an application is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.

105.5.1 Expiration of Permit. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days per extension calculated from the date of expiration. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)

When a permit is deemed invalid, suspended or abandoned, a new permit is required to complete the work. The new permit application and plans shall be filed describing the remaining work to be completed. Fees shall be assessed based on the valuation of the work remaining to be completed or itemized as allowed by the City of Berkeley fee schedule as adopted. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

For the purposes of this section “suspended or abandoned” shall mean that a completed and approved city inspection, per California Building Code Section 110.3, has not been performed for the work approved under the issued permit in the time period the permit is active.

The issuance of a building permit shall not exempt the permittee or any other person from compliance with deadlines imposed in any notice and/or order to correct a code violation issued by the City. If a permit is for a project associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.

105.8 Permit Conditions. The building official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the building official.

SECTION 107—CONSTRUCTION DOCUMENTS

107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 5 years from date of completion of the permitted work, or as required by state or local laws.

SECTION 109 – FEES

109.1 Payment of fees. Except when fees are deferred, a permit application shall not be deemed valid until the fees set forth by resolution of City Council have been paid. Except when fees are deferred, a permit shall not be valid until the fees as set forth by resolution of City Council have been paid, nor shall an amendment to a permit be released until the additional fees, if any, have been paid.

109.2 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 fee as set forth by resolution of the City Council. Fees for permits and inspections and other related services under this Code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit.

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit shall be subject to a fee as set forth by resolution of the City Council twice the amount and in addition to the permit fees for the portion of the scope of work performed without the permit.

109.7 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete, is required to be reinspected after receiving a previously approved inspection for the same work, or when corrections previously called for are not made.

This section applies for the following conditions:

1. When the work is not ready for inspection when the inspector arrives at the site.

2. When excessive scheduling of inspections for work not yet completed at the site.

3. When the approved plans, permit and inspection card are not readily available to the inspector at the work site.

4. For failure to provide access on t

made.

This section applies for the following conditions:

1. When the work is not ready for inspection when the inspector arrives at the site.

2. When excessive scheduling of inspections for work not yet completed at the site.

3. When the approved plans, permit and inspection card are not readily available to the inspector at the work site.

4. For failure to provide access on the date for which the inspection is requested.

5. When work deviates from the approved plans and no approved revision to approved plans has been obtained by the permittee.

6. When other reasons, as determined by the building official, requires a re-inspection fee to be assessed.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code.

The applicant shall pay the re-inspection fee as set forth by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

SECTION 112 – SERVICE UTILITIES

112.1 Authority for Connection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until authorization to connect has been obtained from the building official.

112.4 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has been given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the building official.

112.5 Unsafe utility services. Unsafe utility services are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate actions to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When utility services are maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

112.6 Authority to disconnect utilities in emergencies. The building official or building official’s authorized representative shall have the authority to disconnect electrical power or other energy service supplied to the building, structure, system or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official or building official’s authorized representative shall, whenever possible, notify the serving utility, and the owner of the building, structure or electrical system or equipment and any building occupants of the decision to disconnect prior to taking such action and shall notify them, in writing, of the disconnection as soon as possible thereafter.

112.7 Authority to condemn electrical, plumbing and/or mechanical systems and equipment. Whenever the building official determines that an electrical, plumbing, or mechanical system or equipment regulated by this Code is hazardous to life, health or property, the building official may order in writing that such systems or equipment either be removed or restored to a safe condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be disconnected, a written notice of such disconnection and the reasons therefore shall be given within 24-hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical, plumbing, and/or mechanical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.

112.8 Connection after order to disconnect. Persons shall not make connections to a service utility, a source of energy, fuel, or power, or a water system or sewer system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the disconnected systems or equipment.

SECTION 113 – BOARD OF APPEALS

Section 113 Means of Appeals

113.1 Appeals Procedure. The City Council shall hear and decide

isconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the disconnected systems or equipment.

SECTION 113 – BOARD OF APPEALS

Section 113 Means of Appeals

113.1 Appeals Procedure. The City Council shall hear and decide on appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code. A property owner may appeal an order, decision, or determination of the Building Official within 10 calendar days of the date of mailing of the appealable action. The notice of appeal shall contain a statement of the reasons for the appeal and be filed with the City Clerk of the City of Berkeley. The City Clerk shall forward one copy thereof to the Building Official, who shall transmit to the City Council all their records pertaining to the decision being appealed.

Section 113.1.1 Payment of Fees and Fines. Prior to the deadline to appeal, the property owner must pay the appeal fee, per the adopted fee schedule, in addition to an advance deposit of the fine or file an application for an advanced deposit hardship waiver. If the hardship waiver is not granted, the fine must be deposited to the City within 14 days of mailed notice of that decision. No hearing will be scheduled prior to receipt of payment or approval of the hardship waiver.

Section 113.1.2 Stay of Proceedings. The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the Building Official determines that such a stay could result in an imminent threat to public safety.

113.2 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 equivalent or better form of construction is proposed. The City Council shall not have authority to waive requirements of this code.

113.3 Decisions. The City Council shall review the action of the Building Official and shall do one of the following:

a. Refer the matter back to the Building Official.

b. If the facts stated in or ascertainable from the Notice of Appeal, the written statement of the building official setting forth the reason for their decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the Building Official. Such decision shall be final.

c. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the appellant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.

d. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the Building Official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.

e. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the Building Official shall be deemed affirmed and the appeal shall be deemed dismissed.

f. The appeal is set for hearing but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the Building Official shall be deemed affirmed and the appeal deemed dismissed.

113.4 Administration. The Building Official shall take action without delay in accordance with the decision of the City Council.

SECTION 114 – VIOLATIONS

114.4 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. Violations of this code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, building official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17(d). Nothing in this Section shall prevent any other remedy afforded by law.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT

116.1 Unsafe conditions. Structures or existing equipment that are or hereafter become structurally or otherwise unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a structural or fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

116.5.1 Restoration and Abatement process: All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter

provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

116.5.1 Restoration and Abatement process: All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation.

116.6 Safety Assessment Placards.

116.6.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for occupancy after a natural or human-caused disaster and a rapid evaluation by authorized personnel. The building official or authorized representatives shall post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

116.6.2 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of Berkeley. The City Council may extend the provisions as necessary.

116.6.3 Definitions.

116.6.3.1 Safety Assessment. Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

116.6.3.2 Placards. Following are titles and descriptions of the official jurisdiction placards to be used to designate the condition of a building structure for continued occupancy, partial or conditional occupancy, or unsafe to enter. Copies of placards are on file in the Building and Safety Division of the Planning and Development Department.

INSPECTED – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean there is no damage to the building or structure, but that any damage that occurred does not present a hazard to occupants.

RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Building or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or the building official’s authorized representative. Safety assessment teams shall be authorized to enter these building at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

116.6.4 Content of placard. The BMC Section number and the words "City of Berkeley" shall be permanently affixed to each placard.

116.6.5 Unlawful to remove. Once a placard has been attached to a building or structure, it is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

(Ord. 7988-NS § 1, 2025)