Title 15 — BUILDINGS AND CONSTRUCTION
§ 15.04
Oakland Building Code · 2026-07 edition · ingested 2026-07-08 · Oakland
15.04.1.120 - Effect of adoption and repeals. ¶
A.
Other Codes and Ordinances. Unless expressly stated herein, this Chapter is not intended to amend, repeal, or supersede provisions of any other codes, regulations or ordinances, including, but not limited to, the demolition ordinance, earthquake damage abatement ordinance, dangerous building ordinance, creek protection ordinance, foreclosed and vacant residential building ordinance, Planning Code, Building Maintenance Code, or Fire Code.
B.
Conflict. In any specific Section or case where there is a conflict within or between or among provisions, the most restrictive that prescribes and establishes the higher standard of safety or public benefit shall prevail and control and where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply.
C.
Validity. Neither the adoption of this Code nor the repeal by the ordinance codified in this Chapter of any City ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof or be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violations hereof.
Provided further, neither the adoption of this Code nor the repeal by the ordinance codified in this Chapter of any City ordinance shall in any manner affect the validity of an interlocutory or final action heretofore taken by the Hearing Examiner, or the validity of any such action to be taken upon matters pending before the Hearing Examiner at the time of the adoption of the ordinance codified in this Chapter, and that the provisions of this Code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatement and continuation thereof, and not as new enactment.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.125 - Administrative hearings. ¶
A.
General. In order to appeal orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the non-administrative (technical) requirements of this Code, any person adversely affected by the order, decision, or determination may request an administrative hearing with a Hearing Officer. The request shall be filed in writing with the Building Official and shall be accompanied by a fee as established in the Master Fee Schedule.
The written request for an administrative hearing with the accompanying fee shall be received by the Building Official within twenty-one (21) calendar days from the date of the service of such order, decision or determination of the Building Official, provided however, that if the building or structure is in such condition as to make it dangerous or an imminent hazard and is ordered vacated in accordance with Section 15.08.380 of this Code, such request and fees shall be received by the City within seven (7) calendar days from the date of the service of the declaration or order of the Building Official. Failure to file such written request along with full payment of fees within the period of time prescribed herein shall constitute a waiver of the right to an administrative adjudication of such action or to any portion thereof and constitutes a failure to exhaust administrative remedies.
The request for an administrative hearing shall contain the following information:
1.
A brief statement setting forth the interest of the appellant in the real property identified in the order, decision or determination made by the Building Official; and
2.
A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) protested; and
3.
A brief statement in ordinary and concise language contending that issuance of the order, decision or determination was a result of error or abuse of discretion together with any material facts claimed to support such contention; and
4.
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, decision or determination should be reversed, modified, or otherwise set aside; and
5.
The signature of the appellant, and his or her mailing address; and
6.
The verification (by declaration under penalty of perjury) of at least one (1) person requesting a hearing as to the truth of the matters stated in the request for hearing.
B.
Scheduling and Noticing. As soon as practicable after receiving the request for administrative hearing, the Building Official shall fix a date, time and place for the administrative hearing. Written notice of the time and place of the hearing shall be given to the appellant at least seven (7) calendar days prior to the date of the hearing. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section.
C.
Scope of Hearing. The administrative hearing before a Hearing Officer shall be an evidentiary hearing. Only those technical matters or issues specifically raised by the appellant in the request for administrative hearing shall be considered. The appellant and the City may present witnesses and such documentary evidence as are relevant to the issues. The Hearing Officer shall have the power to administer oaths. Upon a showing of good cause by the appellant or the City, the Hearing Officer may request that the City Clerk issue subpoenas under the seal of the City for a witness to appear and testify or to produce documents. Willful failure to appear to testify or to produce documents under subpoena may be punished as an infraction or as an administrative citation. The City has the burden of proof by a preponderance of the evidence.
D.
Hearing Officer. The Hearing Officer shall not be an employee of the City of Oakland and shall be qualified by experience and training to pass on building construction and other matters pertaining to this Code.
E.
Limitations of Authority. The Hearing Officer shall have no authority relative to interpretations of the administrative provisions of this Code and shall not be empowered to waive or otherwise set aside the nonadministrative (technical) requirements of this Code.
F.
Effect of Hearing. Decisions of the Hearing Officer in all instances shall be final and conclusive unless the appellant files an appeal, as set forth in Subsection 15.04.1.125 G.
G.
Appeal of Hearing Officer Decision to Appeals Board. The appellant may appeal the Hearing Officer's determination to an Appeals Board as follows:
1.
Appeals Board. The Appeals Board shall be, at the City's discretion, either the City Council or an Appeals Board appointed by the City Administrator. Appeals Board members shall not be employees of the City of Oakland.
2.
Only appeals based on a substantive violation of Chapter 15.04, 15.08, or the California Model Building Construction Code may be appealed as provided in Subsection 15.04.1.125 G. This includes Building Code violations, substandard/public nuisance determinations, and orders to abate. The following may not be appealed to the Appeals Board: billing appeals, blight violations (unless based on a Building Code violation) (O.M.C. Chapter 8.24), graffiti (O.M.C. Chapter 8.10), public nuisance determinations not based on Building Code violations, Planning Code or zoning violations, and any other violation of a City ordinance not based on a Building Code violation.
3.
The appellant must file the appeal within fourteen (14) calendar days of service of the Hearing Officer's determination. The appellant shall file the appeal on a form, under such procedures, and at such location as may be established by the City Administrator. The appellant must state the basis for the appeal and how the decision by the Hearing Officer was in error. The appellant shall pay a fee established for appeals to the Appeals Board in the Master Fee Schedule.
4.
The Appeals Board's consideration shall be limited to the record established by the Hearing Officer. The Appeals Board shall not consider new evidence unless the proponent shows that the evidence is both newly discovered and material and could not, with reasonable diligence, have been produced at the hearing before the Hearing Officer. If, the Appeals Board makes such determination, it may hear the additional evidence at a continued hearing, allowing the opposing party to respond, or may remand the matter to the Hearing Officer to consider the new evidence.
5.
The appellant shall have the burden of demonstrating that there is no substantial evidence in the record to support the Hearing Officer's decision, or that the decision is based on an error of law.
H.
The Decision of the Appeals Board Shall be Final. The limitation period provided pursuant to California Code of Civil Procedure Section 1094.6 shall apply to all petitions filed seeking judicial review of administrative determinations made by the Appeals Board.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.130 - Violations. ¶
A.
Scope. It is unlawful for any person, group of persons, firm, partnership, company, or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure, or plumbing, mechanical, or electrical system, component, or equipment in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code or other relevant ordinance, rule, or regulation.
B.
Remuneration. In addition to the penalties provided by law, a violator shall be liable for such costs, expenses, disbursements, and attorneys' fees paid or incurred by the City or any of its officials, officers, representatives, employees, agents, volunteers, vendors, or third-party contractors in the correction, abatement and prosecution of the violation.
Such fees, costs, penalties, and accruing interest shall be as established in the Master Fee Schedule of the City of Oakland and may be recovered by all appropriate legal means, including, but not limited to, nuisance abatement lien, prospective lien and special assessment of the general tax levy, priority lien and special assessment of the general tax levy, or civil and small claims court action brought by the City of Oakland, and combinations of such actions.
The City may recover from the property owner all costs incurred for processing and recording of such liens and special assessments authorized by this Code and for providing notice to the property owner as part of its foreclosure action or for other actions to enforce such liens and special assessments and to recover costs incurred, including attorneys' fees.
Said procedures shall be as established in Section 15.08.130 of the Oakland Municipal Code.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.135 - Application for permit. ¶
Every permit and application for a permit shall contain the information required by California Health and Safety Code, Division 13, Part 3, Chapter 9, Section 19825.
A.
Agreement. Every permit shall also contain an agreement as follows which shall be executed by the permit holder as a condition of issuance:
"To the maximum extent permitted by law, I hereby agree to save, defend (with counsel acceptable to the City), indemnify and hold harmless the City of Oakland, the Oakland City Council, the Oakland Redevelopment Successor Agency and their respective officials, officers, employees, representatives, agents, and volunteers (hereafter called "City") from any liability, damages, claims, judgment, loss (direct or indirect), action, causes of action, or proceedings (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "Action") against the City to attack, set aside, void or annul this permit or implementation of this permit, or in consequence of the granting of this permit or from the use or occupancy of the public right-of-way, public easement, or any sidewalk, street or sub-sidewalk or otherwise by virtue thereof. The City may elect, in its sole discretion, to participate in the defense of said Action and the project applicant shall reimburse the City for its reasonable legal costs and attorneys' fees. Within ten (10) calendar days of the service of any Action as specified above, the project applicant shall execute a Joint Defense Letter of Agreement with the City, acceptable to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Joint Defense Letter of Agreement shall survive termination, extinguishment, or invalidation of the permit. Failure to timely execute the Letter of Agreement does not relieve the project applicant of any of the obligations above or other conditions of approval that may be imposed by the City. I further agree in all things to strictly comply with the conditions under which this permit is granted, and I further certify that I am the owner of the property involved in this permit or that I am fully authorized by the owner to access the property and perform the work authorized by this permit."
B.
Contact Information. In addition to the information required by California Health and Safety Code Division 13, Part 3, Chapter 9, Section 19825 for architects and engineers, every permit shall contain the telephone numbers and email address for any such persons, firms or designers responsible for the work proposed under the permit or application.
C.
Electronic Submittals. In the case of electronic submittals, signatures shall be provided as required and allowed by current California law.
D.
Peer Review. A peer review may be required by law or other regulation. A peer review may also be required by the Building Official for the design of any element for a project requiring a permit that is based on a design methodology which is not addressed within this Code or that requires review by a registered design professional not employed by the City. The peer review shall be performed in a form and manner as directed by the Building Official. When a peer review is required, the applicant shall bear all costs associated with the peer review.
E.
Dust Control. A statement that dust will not be generated by the work under the permit shall be placed on the permit application, if applicable. If dust will be generated by the work under the permit, then dust control measures will be required. Dust control measures shall be based on "best management practices" as developed by the Building Official or any other appropriate reference approved by the Building Official and shall be used throughout all phases of construction. This includes measures during suspension of work, alleviation or prevention of any fugitive dust nuisance and the discharge of smoke or any other air contaminants into the atmosphere in such quantity as will violate any City or regional air pollution control rules, regulations, ordinances, or statutes. Water, dust palliatives or combinations of both shall be applied continuously and in sufficient quantity during the performance of work and at other times as required. Dust nuisance shall also be abated by cleaning, vacuuming, sweeping or other means as necessary. A dust control plan may be required as a condition of permit issuance or at other times as necessary to assure compliance with this Section.
Failure to control effectively or abate fugitive dust nuisance or the discharge of smoke or any other air contaminants into the atmosphere may result in suspension or revocation of the permit, in addition to any other applicable enforcement actions or remedies.
F.
Every permit issued shall become invalid unless the work on site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is inactive, suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. Work which does not receive a major inspection, as further defined in Section 15.04.2.240, and approval or partial approval within one hundred eighty (180) days shall be deemed inactive, suspended or abandoned and be subject to abatement action in accordance with Section 15.08.340. Permits shall expire after seven hundred twenty (720) days from date of issuance. The Building Official is authorized, upon payment of fees prescribed in the Master Fee Schedule, to grant in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension request shall be in writing and justifiable cause demonstrated.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.140 - Information on submittals. ¶
A.
Required. When the Building Official determines that plans, diagrams, specifications, calculations, computations, reports, and other relevant data are necessary, the documents shall be submitted with the permit application for review and shall detail clearly the nature and extent of the work proposed and how it will conform to the provisions of this Code and all other relevant laws, ordinances, rules and regulations. All documents submitted for review shall identify the building number or County Assessor's parcel number and the street name of the work and the names and addresses of the property owner and person or firm who prepared them. All conditions of approval pursuant to the Planning Code shall be shown on the plans or otherwise submitted with the permit application.
B.
Content. Unless otherwise approved by the Building Official, plans shall be drawn to a minimum scale of one-fourth (¼) inch to one (1) foot upon digital media as specified by the Building Official or, if approved, upon substantial paper, and shall include a floor plan and a plot plan containing the following information as a minimum:
1.
Location and perimeter dimensions of the proposed and existing buildings or additions and other pertinent structures, including orthogonal measurements from property lines and between structures and elevations of finished grade, floors, slabs, the upstream manhole cover; and
2.
Proposed and existing site improvements, including drainage facilities, utilities, public and private easements, grading, and paving; and
3.
Proposed and existing off-street parking and loading facilities, including parking stall size, angle of parking aisle width, interior circulation, and driveway elevations and proposed gradients; and
4.
Location and perimeter dimensions of ground level usable open space as required by the Planning Code; and
5.
Location and size of existing and proposed trees and other landscaping and screening as required by City tree ordinances and regulations and other land use provisions; and
6.
Addresses of contiguous properties; and
7.
Locations, types, and dimensions of foundations, framing, windows, doors, finishes, adjoining rooms and uses, fire assemblies and dampers, fixtures, appliances, equipment, and distribution systems to the extent necessary for verification of compliance with all applicable regulations.
C.
Specifications. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of this Code or other laws, ordinances, rules, or regulations.
D.
Supplemental Documents. Calculations, testing reports, certifications, computations, conditions of approval, conditions of compliance and other data sufficient to demonstrate the correctness of the plans
shall be submitted with the permit application and when otherwise required by the Building Official.
E.
Drawings. Plans shall detail clearly how required structural and fire-resistive integrity will be maintained where penetrations are made for electrical, mechanical, plumbing, fire extinguishing, or communications conduits, pipes, ducts, vents, supports and similar components or systems.
F.
Dust Control Measures. A statement that dust will not be generated by the work under the permit shall be placed on the plans, if applicable. If dust will be generated by the work under the permit, then dust control measures shall be required and indicated on the plans. Dust control measures shall be based on "best management practices" as developed by the Building Official or other reference approved by the Building Official and shall be used throughout all phases of construction. This includes measures during suspension of work, alleviation or prevention of any fugitive dust nuisance and the discharge of smoke or any other air contaminants into the atmosphere in such quantity as will violate any City of Oakland or regional air pollution control rules, regulations, ordinances, or statutes. Water, dust palliatives or combinations of both shall be applied continuously and in sufficient quantity during the performance of work and at other times as required. Dust nuisance shall also be abated by cleaning, vacuuming, sweeping or other means as necessary.
Failure to control effectively or abate fugitive dust nuisance or the discharge of smoke or any other air contaminants into the atmosphere may result in suspension or revocation of the permit, in addition to any other applicable enforcement actions or remedies.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.145 - Signing and sealing of plans and other submittal documents.
A.
General. Plans and other submittal documents when submitted with a permit application shall be certified pursuant to this Section. If any requirement of this Section is contrary to State law, the State law shall govern.
B.
Nonprofessional. Plans or other submittal documents not required to be prepared by a registered design professional shall be electronically or digitally signed as required by current California Law by the preparer with the index sheet signed by the preparer. Name, address, telephone and email address of preparer shall be typed or printed on the index sheet. If there is no index sheet then all the copies submitted shall be signed with at least one (1) copy indicating preparer's name, etc. If a professional has prepared the
calculations or a report that requires incorporation into the plans, the professional should appropriately sign the portion of the nonprofessionally prepared plans where the work for which he or she is responsible for has been shown and incorporated into the plans.
C.
Registered Design Professional. Plans and other submittal documents prepared by a registered design professional (architect, civil engineer, structural engineer, mechanical engineer, electrical engineer, landscape architect, etc.) shall be electronically or digitally signed, sealed and dated as required by current California law by the professional with the index sheet signed and sealed by the professional. Name, address, telephone and email address of the professional shall be typed or printed on the index sheet. If there is no index sheet then all the copies submitted shall be signed and sealed with at least one (1) copy indicating professional's name, etc. If the professional is responsible for only a portion of the plan sheet (such as only for certain structural items of a building), then appropriate notes on the sheet(s) shall indicate the extent of responsibility with signatures as above. Alternatively, the professional preparing the plans may note on the plans a reference to the calculations or reports prepared by other professionals that were used in preparing the plans.
D.
Reports Prepared by a Registered Design Professional. Reports should have an appropriate page where seals, signatures, and date of signage of persons responsible for the report are displayed.
E.
Calculations Prepared by a Registered Design Professional. Calculations should have an index sheet where the seal, signature, and date of signage of person responsible for the calculations are displayed. If there is no index sheet then all the calculation sheets require seal, signature, and date of signage. If the plans for which the calculations were prepared are appropriately signed, sealed, and dated by a different
professional then the plan sheets do not require the additional signature of the professional preparing the calculations. If the plans were prepared by a nonprofessional, then the plan sheets where items for which calculations were prepared should be appropriately signed, sealed, and dated by the person preparing the calculations. The professional signing the plans may note on the plans that his or her responsibility is only for the items for which he or she prepared the calculations.
F.
Title 24 Energy Compliance Forms. Title 24 Energy Compliance Forms shall be shown on the plans and shall be "wet" or electronically signed as required by current California law by the appropriate parties.
G.
Signatures on Survey and Plot Plan. Surveys and plot plans shall be electronically or digitally signed, sealed and dated as required by current California law. When approved by the Building Official to receive physical plans, four (4) copies shall be submitted of required boundary and topographic surveys and plot plans. The copies shall be appropriately signed with at least two (2) copies having "wet" signatures and seals. Statements shall also be "wet" signed. The remaining copies shall be signed.
H.
Signatures and Seals on Revisions. Signatures and seals on revisions to drawings submitted after permit issuance for revision plan check shall be as required for new submittals. If a revised index sheet with seal and signature is not submitted then all of the revised plan sheets submitted shall be signed and, if appropriate, sealed as required. Revisions of documents prepared and signed by a registered design
professional shall be accompanied by written permission of the registered design professional of record acknowledging such changes. Such revisions shall be prepared and signed by a registered design professional as required by current California law.
I.
Corrections During Plan Check. Signatures and seals on revisions or corrections submitted during the plan check shall be as required for new submittals.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.150 - Persons who may prepare plans. ¶
A.
Definitions. See Section 15.04.1.175 of this Chapter for definitions pertinent to this Section.
B.
Limitations of Nonprofessional Designer. The following limitations apply to persons preparing plans and other documents for submittal with an application for building permit:
1.
Persons not holding a valid and active engineering or architecture license issued by the State of California may design single-family dwellings and multiple residential buildings containing no more than four (4) dwelling units and with no more than four (4) dwelling units on any single lot. The buildings are limited to conventional wood framed construction with no more than two (2) stories and basement in height. The structure of basement foundations, retaining walls more than four (4) feet high from base of footing to top of wall or with surcharge loads due to vehicles or embankment on top, and/or other unconventional foundation system for these dwellings requires a registered design professional to provide a structural design and structural calculations.
2.
Garages or other appurtenant structures, agricultural and ranch buildings of wood framed construction not more than two (2) stories and basement in height.
3.
Subject to Building Official's approval, tenant improvements which do not constitute a change of occupancy, and do not affect the safety of any building or its occupants, including, but not limited to, exiting, fire-resistive construction, structural or seismic elements.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.155 - Expiration or extension of issued permit. ¶
Every permit issued shall become invalid unless the work on site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit
is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. Work which does not receive a major inspection, as further defined in Section 15.04.2.240, and approval or partial approval within one hundred eighty (180) days shall be deemed suspended or abandoned and be subject to abatement action in accordance with Section 15.08.340. Permits shall expire after seven hundred twenty (720) days from date of issuance. The Building Official is authorized, upon payment of fees prescribed in the Master Fee Schedule, to grant in writing, one (1) or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension request shall be in writing and justifiable cause demonstrated.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.160 - Suspension or revocation of issued permit. ¶
The Building Official may suspend or revoke a permit issued under the provisions of this Chapter whenever the permit is issued in error, or on the basis of incorrect or incomplete information supplied or in violation of any law, ordinance, rule, or regulation or any of the provisions of this Chapter, including failure to pay fees, or the building or site becomes or continues to be, a public nuisance as declared by the Building Official, or conditions at the site or in the building become or continue to be in violation of the provisions of this Chapter, any related City of Oakland Code or ordinance or any condition of the permit issued hereunder.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.165 - Fees. ¶
A.
General. Permit, plan review, processing, investigation, abatement and other relevant fees shall be established and assessed in accordance with the Master Fee Schedule and paid to the City of Oakland at time of submittal of the permit application for review or at other times as provided herein. Unpaid fees for work performed may be recovered in the manner prescribed in Section 15.04.1.130 B. of this Code.
B.
Additional. Whenever plans, calculations, computations, reports, or other required data are incomplete or changed so as to require additional review and/or processing; or whenever valuation of work has changed or has been re-evaluated based upon inspection, additional fees as established in accordance with the Master Fee Schedule shall be assessed.
C.
Refunds.
1.
The Building Official may authorize the refunding of fees erroneously assessed and paid.
2.
The Building Official may authorize the refunding of not more than eighty (80) percent of fees validly assessed and paid when no work by the City has been done either under a permit application or an issued permit. Fees designated as non-refundable shall not be refunded. Fees validly assessed and paid shall not be refunded more than one hundred eighty (180) days after expiration of a permit application or an issued permit.
3.
All requests for refunds shall be submitted on a City of Oakland form and shall be accompanied by the original receipt of payment.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.170 - Sanitary accommodations for construction workers. ¶
Every person or firm constructing or repairing any building, structure, or infrastructure on private property or public right-of-way shall provide and maintain toilet facilities for employees and other workers as follows:
A.
Prior to issuance of the permit, the permit applicant shall submit evidence for approval that temporary or permanent toilet facilities are provided at or adjacent to the work site on private property, unless it is absolutely not possible.
B.
The location of temporary toilet facilities shall be approved by the Building Official. Toilet facilities shall be maintained in accordance with the Alameda County Department of Environmental Health requirements for sanitation and vector control and must have secondary containment as a condition of the National Pollution Discharge Elimination System and the Clean Water Act.
C.
Where work is performed in the public right-of-way, temporary toilet facilities may access a manhole directly serving a publicly maintained sewer nearest said work. Such facility shall not obstruct traffic and shall be removed immediately upon completion of said work.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.175 - Means of egress during construction. ¶
Required means of egress shall be maintained at all times during construction, demolition, remodeling or alterations and additions to any building, as per the provisions of the California Building Code Sections 3302, 3310.1 and 3310.2 to residential uses applicable to HCD 1 (ref. CBC 1.8.2.1.1) and HCD 2 (ref. CBC 1.8.2.1.3). Stairways are required for buildings up to fifty (50) feet in height or up to four (4) stories, or buildings taller than fifty (50) feet in height that have been altered, shall be provided with no fewer than one (1) temporary lighted stairway unless one (1) or more of the permanent stairways are erected as the construction progresses.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.180 - Definitions. ¶
A.
Administrative Authority. Wherever reference is made in this Code to "administrative authority," it shall mean the Building Official, except as it relates to the regulations concerning private sewage disposal systems, where it shall mean the Alameda County Health Officer.
B.
Building Department. Wherever reference is made in this Code to "Building Department," it shall mean the Bureau of Building of the Planning and Building Department, and its successor in title.
C.
Building Official. Wherever reference is made in this Code to "Building Official," it shall mean the Deputy Director, Planning and Building Department, and his or her successor in title, or his or her designated representative.
D.
California Building Code. The International Building Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 2; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
E.
California Residential Code. The International Residential Building Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 2.5; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
F.
California Electrical Code. The National Electric Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 3; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
G.
California Mechanical Code. The Uniform Mechanical Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 4; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
H.
California Plumbing Code. The Uniform Plumbing Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 5; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
I.
California Wildland-Urban Interface Code. The California Wildland-Urban Interface Code is another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 7; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
J.
California Historical Building Code. The International Historical Building Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 8; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
K.
California Existing Building Code. The International Existing Building Code as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 10; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
L.
California Referenced Standards. The International Referenced Standards as amended and adopted by the State of California and another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 12; a portion of the "California Building Standards Code," as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code.
M.
Combination Permit. A combination permit allows the performance of building, electrical, plumbing, and mechanical work under a single permit and may be issued for certain types of work which the Building Official has identified as being appropriate for such consideration. Fees shall be assessed as established in the Master Fee Schedule.
N.
Department Having Jurisdiction. Wherever reference is made in this Code to "department having jurisdiction," it shall mean the Bureau of Building, Planning and Building Department, and its successor in title.
O.
Very High Fire Hazard Severity Zone. All of that area within the City as defined by the Fire Marshal of the City of Oakland, including, but not limited to, the area north and east of the following boundaries:
BEGINNING at the MacArthur Freeway at the San Leandro border to Foothill Boulevard; west on Foothill Boulevard to Stanley; west on Stanley to 98th Avenue; south on 98th Avenue to Steams Avenue; west on Steams to Burr Street; west on Burr Street to Thermal; west on Thermal to 8500 Thermal; south at 8500 Thermal to MacArthur Boulevard; west on MacArthur Boulevard to 82nd Avenue; north on 82nd Avenue to Utah Street; west on Utah Street to Partridge Avenue; south on Partridge Avenue to Outlook Avenue; west on Outlook Avenue to Seminary Avenue; south on Seminary Avenue to MacArthur Boulevard; west on MacArthur Boulevard to Buell Street; north on Buell Street to Tompkins Avenue; west on Tompkins Avenue to End; straight line from Tompkins Avenue to Wisconsin Street; west on Wisconsin Street to Carlsen Street; west on Carlsen Street to Maple Avenue; south on Maple Avenue to Morgan Avenue; west on Morgan Avenue to Barner; south on Barner to Morgan Avenue; west on Morgan Avenue to Coolidge Avenue; North on Coolidge Avenue to Alida Street; west on Alida Street to Lincoln Avenue; south on Lincoln Avenue to Tiffin Road; west on Tiffin Road to Whittle Avenue; west on Whittle Avenue to Fruitvale Avenue (Dimond Park); follow the southern and western boundary of Dimond Park to El Centro Road; west on El Centro Road to Dolores; west on Dolores to Park Boulevard; north on Park Boulevard to Piedmont boundary; Piedmont boundary to Mt. View Cemetery; northern boundary of Mt. View Cemetery to Clarewood Drive; west on Clarewood Drive to Broadway Terrace; south on Broadway Terrace to Margarido Drive; west on Margarido Drive to Lawton; west on Lawton to Broadway; north on Broadway to Keith Avenue; west on Keith Avenue to College Avenue; and north on College Avenue to the corporate limits of the City of Berkeley.
P.
Index Sheet. A sheet located within the first or second sheet of the plan set that lists all drawings and sheet numbers and a description of each drawing that are part of the plan set or other submittal document.
Q.
Non-Professional. A person that is not licensed or certified by the State of California but is not prohibited by State law from providing a certain service to others or performing certain work for oneself.
R.
Oakland Building Construction Code. The Oakland Building Construction Code is the compiled editions of the California Building Standards Codes, California Code of Regulations (C.C.R.), Title 24, Part 2 (Building), Part 2.5 (Residential), Part 3 (Electrical), Part 4 (Mechanical), Part 5 (Plumbing), Part 8 (Historical Buildings), Part 10 (Existing Buildings), and Part 12 (Reference Standards) with local amendments thereto as adopted by the Council of the City of Oakland.
S.
Readily Accessible. As defined in the California Plumbing and Mechanical Codes.
T.
Sealed (Stamped). Indicates the plan(s) is/are sealed, as required by California Business & Professions Code Sections 5536.1, 5536.2, and 6735, with originally applied ink applied to the print or copy of the plans or other submittal documents submitted with an application for permit. Information provided on the seal (stamp) shall be in accordance with California Business & Professions Code Section 5536.1 and Title 16, Section 136 of the California Code of Regulations.
U.
Signed. Indicates the originals of the indicated plan(s) have been "wet" or electronically signed and dated as required by current California law (and sealed) and the image of such signing is apparent on the copies of the originals submitted for permit. Also refer to the definition of "wet signed."
V.
Surveyor in Responsible Charge. A person who is actively licensed by the State of California to perform boundary and topographic surveys in accordance with the provisions of the California Business and Professions Code, Land Surveyors Act.
W.
"Wet" Signed. Indicates the plan(s) is/are signed with originally applied ink or applied to the print or copy of the plans or other submittal documents or electronically signed and dated as required by current California law, submitted with an application for permit. Also refer to the definition of "signed."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.1.185 - Powers and duties of the Building Official.
A.
The Building Official is authorized and directed to enforce all the provisions of this Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as may be deemed necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall conform with the intent and purpose of this Code.
B.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Building Official may appoint such number of technical officers, inspectors, other employees, or agents as shall be authorized from time to time. The Building Official may deputize such inspectors or employees as may be necessary to carry out the functions of the Code Enforcement Agency.
C.
When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable case to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code which makes the building or premises unsafe, hazardous, or
dangerous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied and unsecured, the Building Official shall first make a reasonable effort to locate the property owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
D.
When any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.
E.
The Building Official or his or her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue 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 Building Official or another employee, representative, official, officer, agent, or volunteer of the City of Oakland because of such act or omission performed by the Building Official or another employee, representative, official, officer, agent, or volunteer of the City of Oakland in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the Code Enforcement Agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by the City of Oakland.
F.
This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any electrical system or equipment regulated herein for damages to persons or property caused by defects, nor shall the Code Enforcement Agency or the City of Oakland be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code.
G.
The Building Official may request and shall receive the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this Code or other pertinent law or ordinance.
H.
Pursuant to Oakland Municipal Code Section 1.28.010, violations of the provisions of this Code shall be a misdemeanor. The penalty for conviction shall be punishable by the maximum fines and sentence of imprisonment in the County jail prescribed by law.
A certified copy of each judgment imposing fine or cost or both upon any owner of any real property for a violation of this Code pertaining to the building, structure, portion thereof, or the real property shall, upon the entry of judgment, he filed forthwith with the Alameda County Clerk-Recorder.
(Ord. No. 13861, § 4, 9-15-2025)
Article II. - Administrative Amendments
Part 1 - Administrative Amendments to the California Administrative Code
15.04.2.100 - Reserved.
(Ord. No. 13861, § 4, 9-15-2025)
Part 2 - Administrative Amendments to the California Building Code
15.04.2.200 - Refer to Article I.
Refer to Article I—General Administrative Amendments of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.202 - Section 101.2 of CBC Chapter 1 amended.
In Section 101.2 of Chapter 1 of the California Building Code, add Section 15.04.1.110 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.204 - Section 102.1 of CBC Chapter 1 amended.
In Section 102.1 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.115 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.206 - Section 102.2 of CBC Chapter 1 amended.
In Section 102.2 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.120 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.208 - Section 103 of CBC Chapter 1 deleted.
In Section 103 of Chapter 1 of the California Building Code, delete this Section in its entirety.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.210 - Section 104 of CBC Chapter 1 amended.
In Section 104 of Chapter 1 of the California Building Code, add Section 15.04.1.130 of this Chapter as a new Subsection 104.103.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.212 - Section 105.1 of CBC Chapter 1 amended.
In Section 105.1 of Chapter 1 of the California Building Code, add "Automatic Gate System" and delete sections 105.1.1 and 105.1.2 in their entirety.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.214 - Section 105.2 of CBC Chapter 1 amended.
In Section 105.2 of Chapter 1 of the California Building Code, under "Building":
Delete and replace subparagraph number 2 in its entirety with the following:
"Concrete or masonry fences not over 3 feet high and fences, other than swimming pool barriers, constructed of other materials when not over 7 feet high, gates or fences without automatic openers."
Delete and replace subparagraph number 4 with the following:
"Pier supported retaining walls that are not over 3 feet (914 mm) in height measured above adjacent grade to the top of the wall, with pier spacings not exceeding 4 feet (1219 mm), unless supporting a surcharge."
"Other 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, unless supporting a surcharge."
Modify paragraph 6 to read:
"Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, parking lot resurfacing or restriping not containing required parking, and are not part of an accessible path of travel."
Delete and replace subparagraph number 7 with the following:
"Interior painting and exterior painting on buildings constructed after 1978, papering, tiling, carpeting, cabinets, counter tops and similar finish work."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.216 - Section 105.3 of CBC Chapter 1 amended.
In Section 105.3 of Chapter 1 of the California Building Code, add Section 15.04.1.135 of this Chapter as the number 8 subparagraph.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.218 - Section 105.3 of CBC Chapter 1 amended.
In Section 105.3 of Chapter 1 of the California Building Code, add Section 15.04.1.140 of this Chapter as the number 9 subparagraph.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.220 - Section 105.3.1 of CBC Chapter 1 amended.
In Section 105.3.1 of Chapter 1 of the California Building Code, delete and replace this Section in its entirety with the following:
"When 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 this Code and other pertinent laws and ordinances and Conditions of Compliance for the abatement of violations of this code and other codes and ordinances requiring permits for corrective work, and that the fees, charges, costs, and assessments specified in the Master Fee Schedule along with all penalties have been paid, the Building Official shall issue a permit therefore to the applicant."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.222 - Section 105.3.2 of CBC Chapter 1 amended.
In Section 105.3.2 of Chapter 1 of the California Building Code, replace the phrase "… or more extensions of time for additional periods not exceeding 90 days each" with "extension of time not exceeding 180 days."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.224 - Section 105.5 of CBC Chapter 1 amended.
In Section 105.5 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.155 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.226 - Section 105.6 of CBC Chapter 1 amended.
In Section 105.6 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.160 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.228 - Section 105.7 of CBC Chapter 1 amended.
In Section 105.7 of Chapter 1 of the California Building Code, replace the paragraph in its entirety with the following:
"In addition to the building permit and the Inspection Record Card, it shall be the duty of the person requesting any inspections to have available, at the time of inspection, the following information (as applicable):
The approved plans and specifications, including copies of approvals of any changes.
Copies of all previous Correction Notices.
3.
Land use approvals (variances, Conditional Use Permits, Design Review, etc.).
4.
Other permits as may be required by the scope of work (excavation, encroachment, sidewalk, sewer, grading, etc.).
5.
Any other documents as may be necessary for the performance of the inspection (Special Inspection Reports, equipment and appliance installation instructions, payment of accrued fees, etc.)."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.230 - Section 105.8 of CBC Chapter 1 added.
Add a new Section 105.8 in the California Building Code stating:
"Section 105.8 Responsibility of Permittee Building permits shall be presumed to incorporate the provision that the applicant, the applicant's agent, employees or contractors shall carry out the proposed work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.232 - Section 107.1 of CBC Chapter 1 amended.
In Section 107.1 of Chapter 1 of the California Building Code, add Section 15.04.1.145 as a new Subsection 107.1.1.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.234 - Section 107.1 of CBC Chapter 1 amended.
In Section 107.1 of Chapter 1 of the California Building Code, add Section 15.04.1.150 as a new Subsection 107.1.2.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.236 - Section 107.1 of CBC Chapter 1 amended.
In Section 107.1 of the California Building Code, replace the phrase "… two or more sets …" in the first sentence with "three or more sets, as the Building Official may require…."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.238 - Section 107.2.6 of CBC Chapter 1 amended. ¶
In Section 107.2.6 of the California Building Code, add the following:
Boundary and Topographic Survey Maps
Required Submittal
A combined map or separate maps of a boundary survey, including easement locations, and a topographic survey shall be submitted with all applications for a building permit for a new structure and as otherwise required by the Building Official. One (1) electronic copy in an approved format and two (2) non-electronic copies of the map or maps shall be submitted on approved media (compact disk, heavy bond paper, etc.) which shall bear the seal and wet signature of the Surveyor In Responsible Charge. The surveys shall have been performed (or re-certified) not more than three (3) years prior to the date of the permit application. The surveys shall be drawn to a scale of not less than 1-inch equals 10 feet. The boundary survey shall be retraceable independent of the monuments or other markers that have been set during the survey.
Required Information
The following information shall be included on the map or maps:
1.
The boundary lines of the subject property with their courses and lengths.
EXCEPTION
Where approved by the Building Official for large sites, the extent of the survey may be limited to a minimum of 65 feet from the exterior wall of the proposed building, provided a vicinity map is shown indicating the location of the survey as it relates to the site as a whole.
2.
Identification of and ties to the local, nearby, and permanent monuments. In areas where local monuments do not exist to control local boundaries, the Surveyor In Responsible Charge may be required to install permanent monuments conforming to City standards to perpetuate any boundary lines established.
3.
A Basis of Survey statement that identifies how the boundary lines for the site have been developed (i.e.: "This survey is based on the lines and dimensions shown on Parcel Map 1234, filed June 1, 1950, …").
4.
A Basis of Bearings statement that identifies how the bearings for the boundary lines have been derived (i.e.: "The bearings of this map are based upon the monument line of Smith Street, taken as N 45° W as shown …").
5.
Identification of the locations and type of monuments or other makers set by the Surveyor In Responsible Charge with the elevations above and below City of Oakland datum or Port of Oakland datum, as applicable. A boundary survey map need not include references to elevations where shown on a separate topographic survey map. Boundary survey maps for vertical subdivisions of real property shall include references to elevations above and below City of Oakland datum or Port of Oakland datum, as applicable. Where Port of Oakland datum is used, a graphical conversion to City of Oakland datum shall be provided.
6.
The record distance along the public right-of-way line from a side property line to the nearest intersecting street.
7.
The distance and direction from a frontage comer of the site to the nearest existing fire hydrant.
8.
Contour lines of the existing ground surface elevations with an interval spacing not more than five (5) feet. Elevations shall be referenced to City of Oakland datum or Port of Oakland datum, as applicable.
EXCEPTION
Where approved by the Building Official, elevations of selected points on the ground ("spot" elevations) may be provided in lieu of contour lines for sites with relatively level topography.
Where Port of Oakland datum is used, a graphical conversion to City of Oakland datum shall be provided.
9.
Grades and contours shall extend to the centerline of improved streets and to the opposite side of the public right-of-way on unimproved streets and to a minimum of ten (10) feet beyond the side and rear property lines.
10.
The location of all existing buildings or other pertinent structures (retaining walls, arbors, etc.) on the property.
11.
The locations of existing public and private infrastructure improvements, including curbs, sidewalks, pavement, sewers, conduits, waterways, and culverts, either on or affecting the property and any proposed easements required in connection therewith.
12.
The location, nature, and record information, of all public and private easements of record located on or directly affecting the site.
13.
The location and width of existing driveways, referenced to any existing driveways within fifty (50) feet, with an indication of the percentage gradient of the existing driveway.
14.
The location of traffic signal poles, street lighting standards, fire hydrants, sidewalk boxes, street trees, signs, pull boxes, parking meters or parking pay stations, utility poles, City Monuments and/or benchmarks, and any other utilities or fixed objects within fifty (50) feet of a proposed driveway that may interfere with access to the property.
15.
The location at the approximate center of the base and the diameter at breast height of all protected trees as required by Chapter 12.36 of the Oakland Municipal Code.
16.
A North arrow, the date that the field survey was performed, the area of the site, the scale of the plat, and a title block which includes the legal description of the site (i.e.: "Lot 2 of Parcel Map 1234, recorded June 1, 1950, …").
17.
Existing horizontal or vertical curves within three hundred (300) feet of a proposed driveway.
18.
The location of existing crosswalks and bus stops within one hundred (100) feet of a proposed driveway.
19.
Any additional information necessary to obtain compliance with this Code or related State laws and local ordinances as determined by the Building Official, including, but not limited to:
a.
Boundary closure and area calculations (2 copies, sealed and signed by the surveyor); and
b.
Evidence of compliance with State laws relating to mandatory filing of Comer Record(s) or a Record of Survey.
20.
A statement signed by the Surveyor In Responsible Charge for the boundary survey map and/or topographic survey map as follows:
a.
For use when the boundary survey (and/or easement determination) and topographic survey are performed by, or under the responsible charge of, the same surveyor:
BOUNDARY AND TOPOGRAPHIC
SURVEY STATEMENT
This map correctly represents a survey made by me or under my direction in conformance with the requirements of the California Land Surveyors' Act at the request of [insert owner or agent's name], on [date].
I hereby state that all existing grades and contours are based upon City of Oakland/Port of Oakland (select one) datum.
I hereby further state that to the best of my knowledge all provisions of applicable state laws and local ordinances have been fully satisfied.
I hereby further state that the parcel(s) designated by my survey and shown on this map is (are) the same as that shown on (select the applicable statement from the following):
•
that (those) certain deed(s), recorded [date], [insert recording information: series, O.R., etc.], in the Office of the Alameda County Recorder, and identified on the current equalized assessment roll of the Alameda County Assessor as Parcel No.: [insert APN].
•
that certain Map entitled: [mapname], filed on [date], in Book of Maps [pages], in the Office of the Alameda County Recorder.
•
Parcel Map Waiver Map, recorded [date], [insert recording information: series, O.R., etc.], in the Office of the Alameda County Recorder.
I hereby further state that in accordance with the California Land Surveyors' Act the performance of this survey (select the applicable statement from the following choices):
•
does not require a Comer Record or Record of Survey to be filed.
•
requires that a Comer Record be filed and I will file (or have filed) a Comer record within the time limits prescribed by State law. Once filed by the County Surveyor in official records, I will provide a copy to the City Surveyor's office.
•
requires that a Record of Survey be filed with the Alameda County Surveyor, and I will file (or have filed) same within the time limits prescribed by State law. If, in the course of such filing, changes are necessary to the Record of Survey that reflect upon the survey submitted to the City of Oakland, I will promptly submit a corrected copy of said survey to the City.
I hereby acknowledge that this survey shall be a public record and may be available for inspection and distribution to the general public.
signature date , 20 _____ (typed name)
P.L.S. (or P.E.) No. __ Expires date , 20 _____
b.
For use when the boundary survey (and/or easement determination) is not performed by, or under the responsible charge of, the surveyor who is responsible for the topographic survey:
BOUNDARY SURVEY STATEMENT
This map correctly represents a boundary survey made by me or under my direction in conformance with the requirements of the California Land Surveyors' Act at the request of [insert owner or agent's name], on [date].
I hereby further state that, to the best of my knowledge all provisions of applicable state laws and local ordinances have been fully satisfied.
I hereby further state that in accordance with the California Land Surveyors' Act the performance of this survey (select the applicable statement from the following choices):
•
does not require a Comer Record or Record of Survey to be filed.
•
requires that a Comer Record be filed and I will file (or have filed) a comer record within the time limits prescribed by State law. Once filed by the County Surveyor in official records I will provide a copy to the City Surveyor's office.
•
requires that a Record of Survey be filed with the Alameda County Surveyor, and I will file (or have filed) same within the time limits prescribed by State law. If, in the course of such filing, changes are necessary to
the Record of Survey that reflect upon the survey submitted to the City of Oakland, I will promptly submit a corrected copy of said survey to the City.
I hereby acknowledge that this survey shall be a public record and may be available for inspection and distribution to the general public.
signature date , 20 _____
(typed name)
P.L.S. (or P.E.) No. __ Expires date , 20 _____
c.
For use when the topographic survey is not performed by the surveyor who is responsible for the boundary survey (and/or easement determination):
TOPOGRAPHIC SURVEY STATEMENT
This map correctly represents a topographic survey made by me or under my direction in conformance with the requirements of the California Land Surveyors' Act at the request of [insert owner or agent's name], on [date].
I hereby state that the property boundary shown upon this map is based upon a survey performed by [insert name and license number of surveyor performing the boundary work], on [date], 20___.
I hereby state that all existing grades and contours are based upon City of Oakland/Port of Oakland (select one) datum.
I hereby further state that, to the best of my knowledge all provisions of applicable state laws and local ordinances have been fully satisfied.
I hereby acknowledge that this survey shall be a public record and may be available for inspection and distribution to the general public.
signature date , 20 _____
(typed name)
P.L.S. (or P.E.) No. __ Expires date , 20 _____
A public advisory as follows:
PUBLIC ADVISORY
This map is based on private surveys performed by licensed professionals and will not be updated or corrected by the City of Oakland after its filing. No warranty, either expressed or implied, is made by the City of Oakland that this map and the survey information on which it is based is correct, accurate, and current, nor that the City will retain for public inspection any related information which may be subsequently submitted to the City, including alleged or actual discrepancies, inaccuracies, deficiencies, and errors.
Plot Plan
Required Submittal
All applications for a building permit for a new building, or as otherwise required by the Building Official, shall be accompanied by a Plot Plan which has been certified within three (3) years prior to date of permit application. The plot plan shall be based upon and show all information that is required to be shown upon the boundary survey and topographic survey maps of subject site. Four (4) wet signed and sealed copies of the plot plan shall be submitted with the permit application. Scale of the plot plan shall be no smaller than 1 inch equals 10 feet.
Required Information
The following information shall be included on the Plot Plan:
1.
All relevant data from boundary survey and topographic survey.
2.
Locations of the proposed building and other structures and improvements with proper references to every existing building and other structure and improvement on the property. Existing buildings and other structures and improvements indicated on the survey and that will be (or have been since the survey was prepared) demolished should be indicated as such on the plot plan.
3.
Design of all off-street parking and loading facilities, including parking stall size, angle of parking, aisle width, interior circulation and proposed grades. If a parking structure is being constructed, a reference to this should be made on the plot plan.
4.
Location and dimensions of ground level usable open space as required by the Planning Code.
5.
Indication of landscaping and screening as required by the Planning Code.
6.
Indication as to which protected trees, if any, as defined in Chapter 12.36 of the Oakland Municipal Code, may be removed or damaged by proposed construction.
7.
The proposed street grades along the property line contiguous to the street in not less than three places, where property shown on plat abuts on an unimproved street.
The location, ties to boundary monuments, and elevations of all proposed improvements, including parking pads, garages, buildings, interior floors, decks, retaining walls, exterior stairways, and driveways.
9.
The location of the proposed building sewer connecting the proposed improvements to the main sewer with the flow line elevation shown at the main sewer connections.
10.
The location, width, and grades of proposed driveways, properly referenced to any existing driveways, poles, signs, hydrants, or any fixed objects within 50 feet, that may interfere with access to the property.
11.
All proposed grades, elevations, and contours based upon City of Oakland datum or Port of Oakland datum, as applicable.
12.
All proposed contour lines at not more than five-foot intervals, which contours shall extend over the portion of the public right-of-way proposed to be improved.
13.
Where roof rain leaders cannot drain to the street or where storm water runoff is concentrated, an acceptable drainage plan prepared by a registered design professional is required.
14.
Any additional information necessary to obtain compliance with this Code or related State laws or local ordinances as determined by the Building Official.
15.
A Designer's Statement:
DESIGNER'S STATEMENT
This plot plan correctly represents a plot plan made by me or under my direction.
I hereby state that to the best of my knowledge all provisions of applicable State laws and local ordinances have been fully satisfied.
I hereby further state that all proposed grades, elevations, and contours delineated upon this plot plan are based upon a survey by (name and license no. of surveyor) dated (date of survey) that was indicated thereon by the surveyor thereof as being based upon City of Oakland datum.
(OR, if applicable):
I hereby further state that all proposed grades, elevations, and contours delineated upon this plot plan are based upon a boundary survey by (name and license no. of surveyor) dated (date of survey) and a topographic survey by (name, and license no. of surveyor) dated (date of survey) that were indicated thereon by the surveyors thereof as being based upon City of Oakland/Port of Oakland (select one) datum.
_____ _____ , 20 _____ (signature) (date) Title: _______ License No: _____ Expires ____, 20
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.240 - Subsection 107.3.3 of CBC Chapter 1 deleted. ¶
In Section 107.3 of Chapter 1 of the California Building Code, delete Subsection 107.3.3 in its entirety.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.242 - Section 109.1 of CBC Chapter 1 amended. ¶
In Section 109.1 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.165 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.246 - Section 109.4 of CBC Chapter 1 amended. ¶
In Section 109.4 of Chapter 1 of the California Building Code, replace "…Building Official…" with "as established in the Master Fee Schedule."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.248 - Section 109.1 of CBC Chapter 1 amended.
In Section 109.5 of Chapter 1 of the California Building Code, replace "…that are prescribed by law…" with "as established in the Master Fee Schedule," and also add the following paragraph:
"Re-inspection fees may be assessed when the Inspection Record Card, Approved Plans, Correction Notices, Conditions of Approval, Conditions of Compliance, or other necessary permits or documents are not readily available to the inspector; or for failure to provide unimpeded access on the date and time for which the inspection is scheduled; or for failure to comply with a Stop Work Notice; or for deviating from Approved Plans requiring the approval of the Building Official or other City Department."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.250 - Section 109.6 of CBC Chapter 1 deleted.
In Section 109.6 of Chapter 1 of the California Building Code, delete this Section in its entirety.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.252 - Section 110.3.810 of CBC Chapter 1 amended.
In Section 110.3.810 of Chapter 1 of the California Building Code, replace this Section in its entirety with the following:
"In addition to the scheduled inspections specified above, the Building Official may make investigations, reinspections, or compliance monitoring inspections, or require other inspections of any construction work to ascertain compliance with the provisions of this code and Conditions of Compliance and other laws which are enforced by the City and assess fees as established in the Master Fee Schedule."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.254 - Section 110.3, Subsection 110.3.113 of CBC Chapter 1 added.
In Section 110.3 of Chapter 1 of the California Building Code, add the new Subsection:
110.3.113 Re-inspections
To obtain a re-inspection, the applicant shall first pay the re-inspection fee as established in the Master Fee Schedule and then schedule a re-inspection.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.256 - Section 110.3, Subsections 110.3.1—110.3.4 of CBC Chapter 1 amended.
In Section 110.3 of Chapter 1 of the California Building Code, add and replace the following subsections with the following:
110.3.0 Preconstruction Inspections
Pre-Construction inspection is required for Major Projects with a valuation over $250,000 prior to start of construction activities including grading activities to review project Conditions of Approval issued by Planning and to provide departmental guidance as it relates to inspection sequence, milestones, and Final requirements. All other projects are encouraged but not required to obtain a Pre-Construction inspection.
(Ord. No. 13861, § 4, 9-15-2025)
110.3.1 Major Inspection—Foundation
Before concrete or grout is placed, approval of a Foundation Inspection shall be contingent upon project adherence to Best Management Practices (BMPs), receipt and approval of required certifications, tests, and reports; receipt of fees, including investigation, re-inspection, compliance monitoring, and increased valuation of work; receipt of required City and outside agency approvals; removal of vegetation and completion of excavations for footings; installation and approval of required forms, reinforcing and prestressing steel, and structural embedments; and installation and approval of required electrical,
mechanical, plumbing, fire extinguishing, and communication conduits, pipes, ducts, inserts, embedments, and similar systems, components, or ancillary equipment items.
Where inspection is performed under the requirements of California Building Code Chapter 17 (Special Inspections), receipt of certifications, tests and reports resulting from such inspection shall be received prior to approval or partial approval of any Major Inspection. All materials for the foundation not otherwise required to be secured in place shall be on the jobsite, except for concrete which is ready mixed in accordance with CBC Standard No. 193.
110.3.2 Major Inspection—Concrete Slab or Under Floor
Before concrete is placed or floor sheathing is installed, including subfloor, approval of a Concrete Slab or Under Floor Inspection shall be contingent upon continued project adherence to Best Management Practices (BMPs), receipt and approval of required certifications, in flood hazard areas, upon placement of lowest floor, including the basement, and prior to vertical construction, the elevation certification requires in CBC Section 1612.4 or the CRC shall be submitted to the Building official, tests, and reports; receipt of fees, including investigation, reinspection, compliance monitoring, and increased valuation of work; receipt of required City and outside agency approvals; installation and approval of required forms, reinforcing and prestressing steel, and structural embedments; and installation and approval of required in-slab or underfloor required electrical, mechanical, plumbing, fire extinguishing, and communications conduits, pipes, ducts, vents, vapor barriers, insulation, and similar systems, components, or ancillary equipment items.
Where inspection is performed under the requirements of California Building Code Chapter 17 (Special Inspections) of the California Building Code, receipt of certifications, tests and reports resulting from such inspection shall be received and approved prior to approval or partial approval of any Major Inspection.
Where under-floor conditions and clearances are determined to be readily accessible as defined herein, the Building Official may authorize and approve the installation of sub-floor/floor sheathing prior to the satisfaction of all conditions specified in paragraph one of this Section. All documents related to off-site manufacture, third party approval/inspection of materials or workmanship must be received and approved by the Building Official prior to approval or partial approval of any subsequent work which is supported by the concrete slab or foundation and sub-floor assembly.
110.3.3 Major Inspection—Frame
Approval of a Frame (Rough) Inspection shall be contingent upon continued project adherence to Best Management Practices (BMPs) receipt and approval of required certifications, tests, moisture content verification, and reports; receipt of fees, including investigation, re-inspection, compliance monitoring, and increased valuation of work; receipt of required City and outside agency approvals, including off-site fabrication of components; installation and approval of weatherproofing for the roofing system, all framing, fire blocking, fire-resistance ratings, draft stopping, fire and smoke resistant penetrations and bracing; installation of noise and energy-saving materials including: insulating materials, fenestration, duct systems, HVAC, and water heating equipment; installation and approval of chimneys; and installation and approval of required electrical, mechanical, plumbing, fire extinguishing, and communication conduits, pipes, ducts, inserts, embedment, and similar systems, components, or ancillary equipment items. Prior to approval of frame where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture
barrier system shall not be concealed until inspected and approved. Except: Where special inspections are provided in accordance with Section 1705.1.1, Item 3. Additionally, approval of the Frame inspection shall be contingent upon approval of the lath or gypsum wallboard inspection. No work shall be concealed until specific approval has been given (framing, etc.).
110.3.4 Major Inspection—Final
Approval of a Final Inspection shall be contingent upon continued project adherence to project Conditions of Approval, Best Management Practices (BMPs), approval of all other required inspections; receipt and approval of required certifications, in flood hazard areas, documentation of elevation of lowest floor as required in CBC Section 1612.4 or the CRC shall be submitted to the Building official tests, and reports; receipt of fees; receipt of required City and outside agency approvals; completion and approval of finish grading and all public and site improvements; installation and approval of all electrical, mechanical, plumbing, fire extinguishing, and communication conduits, pipes, ducts, vents, insulation, vapor barriers, and similar systems, components, or ancillary equipment; and the building being completed and ready for occupancy.
uired City and outside agency approvals; completion and approval of finish grading and all public and site improvements; installation and approval of all electrical, mechanical, plumbing, fire extinguishing, and communication conduits, pipes, ducts, vents, insulation, vapor barriers, and similar systems, components, or ancillary equipment; and the building being completed and ready for occupancy.
Delete sections 110.3.5,110.3.6,110.3.7, 110.3.8, 110.3.9, 110.3.10, 110.3.11, 110.3.12 in their entirety.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.257 - Section 110.5 of CBC Chapter 1 amended.
In Section 110.5 of the California Building Code, add a third sentence as follows:
"It shall the duty of the permit holder to have field personnel on site who are over the age of 18 and who have direct knowledge of the work and project and have competency to answer questions about the work performed."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.258 - Section 111.1 of CBC Chapter 1 amended. ¶
In Section 111.1 of the California Building Code, add the new second paragraph stating:
"A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.260 - Section 113 of CBC Chapter 1 amended.
In Section 113 of Chapter 1 of the California Building Code, replace this Section in its entirety with Section 15.04.1.125 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
Part 2.5 - Administrative Amendments to the California Residential Code
15.04.2.2500 - Prevailing provisions.
Wherever the provisions of the California Residential Code conflict with the provisions Article I—General Administrative Amendments of this Chapter, the provisions of Article I shall prevail.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.2505 - Section R105.2 of CRC amended.
In Section R105.2 of Chapter 1 of the California Residential Code, replace subparagraph number 1 (under "Building") in its entirety with the following:
Other than storm shelters, One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Section 710A of the California Building Code, despite exemption from permit.
Replace subparagraph number 2 in its entirety with the following:
"Concrete or masonry fences not over 3 feet high and fences constructed of other materials when not over 7 feet high".
Replace subparagraph number 3 in its entirety with the following:
"Pier supported retaining walls that are not over 3 feet (914 mm) in height measured above adjacent grade to the top of the wall, with pier spacings not exceeding 4 feet (1219 mm), unless supporting a surcharge."
"Other 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, unless supporting a surcharge."
Delete and replace subparagraph number 6 with the following:
"Interior painting and exterior painting on buildings constructed after 1977, papering, tiling, carpeting, cabinets, counter tops and similar finish work."
In subparagraph number 10, replace the end of the last sentence starting with "…the exit door required by Section R311.4." with …any door."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.2510 - Section R105.5 of CRC amended.
In Section R105.5 of Chapter 1 of the California Residential Code, replace this Section in its entirety with Section 15.04.1.155 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.2515 - Section R105.8 of CRC amended.
In Section R105.8 in the California Residential Code, replace the entire section with the following:
"Section R105.8 Responsibility of Permittee. Building permits shall be presumed to incorporate the provision that the applicant, the applicant's agent, employees or contractors shall carry out the proposed
work in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.2520 - Section R109.3 of CRC amended. ¶
In Section R109.3 of the California Residential Code, add a third sentence as follows:
"It shall the duty of the permit holder to have field personnel on site who are over the age of 18 and who have direct knowledge of the work and project and have competency to answer questions about the work performed."
(Ord. No. 13861, § 4, 9-15-2025)
Part 3 - Administrative Amendments to the California Electrical Code
15.04.2.300 - Reference to Article I. ¶
Refer to Article I—General Administrative Amendments of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.305 - Title. ¶
These regulations shall be known as the "Oakland Amendments Of The California Electrical Code," may be cited as such, and will be referred to herein as "this Chapter," "this Code," or "the Oakland Building Construction Code."
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.310 - Purpose.
A.
The purpose of this Code is to provide minimum standards to safeguard life or limb, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of electrical systems, equipment, machinery, fixtures, and appliances within this jurisdiction.
B.
The purpose of this Code is not to create or otherwise establish or designate any particular class or group of people who will or should be especially protected or benefited by the terms of this Code.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.315 - Scope. ¶
A.
The provisions of this Code shall apply to the installation, alteration, repair, relocation, replacement, addition, use, or maintenance of electrical systems, equipment, machinery, fixtures and appliances. Additions, alterations, repairs and replacement of electrical systems or equipment shall comply with the provisions for new equipment and systems.
B.
Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.320 - Existing electrical systems. ¶
A.
Additions, alterations, replacements, or repairs may be made to any electrical system without requiring existing electrical system to comply with all the requirements of this Code, provided the addition, alteration, replacement, or repair conform to the requirements for a new electrical system or equipment. Additions, alterations, replacements, or repairs shall not cause an existing system to become dangerous, hazardous, or otherwise unsafe.
B.
Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life or limb, property, or public welfare has been created by such electrical system.
C.
Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the California Building Code, shall comply will all requirements of this Code which may be applicable to the new use or occupancy.
D.
All electrical systems, equipment, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition. All devices or safeguards which are required by this Code shall be maintained in conformance with the code edition under which installed. The property owner or designated agent shall be responsible for maintenance of electrical systems and equipment. To determine compliance with this subsection, the Building Official may cause an electrical system or equipment to be inspected.
E.
Electrical systems or equipment which are a part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this Code for new installations.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.325 - Alternate materials and methods of construction. ¶
A.
The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code provided any such alternate has been approved and the use authorized by the Building Official.
B.
The Building Official may authorize any alternate, provided the Building Official finds the proposed design is satisfactory for the intended use and complies with the provisions of this Code and that the material, method or work offered is for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, fire resistivity, durability, ampacity, and safety.
C.
The Building Official shall require sufficient evidence or proof be submitted to substantiate claims made regarding the use of alternates. The details of any approval actions for an alternate shall be retained by the Building Official for the period required for retention of public records.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.330 - Modifications. ¶
Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official may grant modifications for individual cases. The Building Official shall first find that a special individual reason makes the strict letter of this Code impractical, and the modification does not lessen health life and fire safety requirements. The details of actions granting modifications shall be recorded and shall be retained by the Building Official for the period required for retention of public records.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.335 - Tests. ¶
Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code or in order to substantiate claims for alternate materials or methods, the Building Official may require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall specify the testing procedures. All tests shall be performed by an approved agency. Reports of tests shall be retained by the Building Official for the period required for retention of public records.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.340 - Powers and duties of the Building Official.
A.
The Building Official is authorized and directed to enforce all the provisions of this Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as may be deemed necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall conform with the intent and purpose of this Code.
B.
In accordance with the prescribed procedures and with the approval of the appointing authority, the Building Official may appoint such number of technical officers, inspectors, other employees, or agents as shall be authorized from time to time. The Building Official may deputize such inspectors or employees as may be necessary to carry out the functions of the Code Enforcement Agency.
C.
When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable case to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code which makes the building or premises unsafe, hazardous, or dangerous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied and unsecured, the Building Official shall first make a reasonable effort to locate the property owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
D.
When any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.
E.
The Building Official shall have the authority to disconnect electrical utility service or energy supplies to a building, structure, premises, or equipment regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or limb, property, or public welfare. The Building Official shall, whenever possible, notify the serving utility, the property owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, property owner and occupant for the building, structure or premises in writing of such disconnection immediately thereafter.
F.
When the Building Official determines that any equipment, or portion thereof, regulated by this Code has become unsafe, hazardous, or dangerous to life or limb, property, or public welfare, the Building Official shall order in writing that the equipment either be removed or restored to a safe condition, as appropriate,
within a fixed time. Persons shall not use or maintain defective equipment after receiving a notice. When an electrical system or equipment is to be disconnected, written notice indicating the causes therefore shall be given within twenty-four (24) hours to the serving utility, the property owner and occupant of the building, structure or premises. When any electrical equipment or system is maintained in violation of this Code, and in violation of a notice issued as provided in this Section, the Building Official shall institute an appropriate action to prevent, restrain, correct or abate the violation.
G.
Persons shall not make connections from an energy or power supply nor supply energy or power to any equipment regulated by this Code which 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 such equipment.
H.
The Building Official or his or her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue 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 Building Official or another employee, representative, official, officer, agent, or volunteer of the City of Oakland because of such act or omission performed by the Building Official or another employee, representative, official, officer, agent, or volunteer of the City of Oakland in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the Code Enforcement Agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City of Oakland.
cial, officer, agent, or volunteer of the City of Oakland in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the Code Enforcement Agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City of Oakland.
This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any electrical system or equipment regulated herein for damages to persons or property caused by defects, nor shall the Code Enforcement Agency or the City of Oakland be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code.
I.
The Building Official may request, and shall receive the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this Code or other pertinent law or ordinance.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.345 - General standards; appeals; violations. ¶
A.
General Standards. Refer to Section 15.04.1.115 of this Chapter.
B.
Appeals. Refer to Section 15.04.1.125 of this Chapter.
C.
Violations. Refer to Section 15.04.1.130 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.350 - Application for permit.
A.
Refer to Section 15.04.1.135 of this Chapter.
B.
Except as permitted in Subsection C of this Section, no electrical system or equipment regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit or "combination permit" has been obtained from the Building Official for each separate building or structure.
C.
Refer to National Electrical Code (NEC) Article 90-2(a).
D.
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 this Code or other laws or ordinances of this jurisdiction.
E.
A plant permit may be issued by the Building Official to a person not holding a California State Electrical Contractor License but who is regularly employed as an electrician in a plant or business. The permit shall be issued upon written application from the owner or manager of the plant or business in which the person is employed. The application shall certify that the proposed permittee is competent to perform the electrical work and shall certify that all work will be performed under the requirements of this Chapter.
All electrical work shall be done under the direction and supervision of the permittee. All electrical work, excepting the maintenance and repair of existing electrical installation and repair, shall be done only under permits issued as otherwise required under this Article. The owner or manager of any plant or business employing the permittee shall immediately notify the Building Official in writing upon termination of the permittee and such notification shall cancel the plant permit.
Evidence of any electrical work being done under the plant permit that is in violation of any provisions of this Chapter shall be grounds for immediate suspension or cancellation of the permit by the Building Official. The plant permit is renewable on an annual basis from the date of issuance for a fee established by the Master Fee Schedule.
F.
A meter reset permit shall be issued by the Building Official to any person for the purpose of reconnecting a supply of service or reinstalling a meter whenever the serving utility shall disconnect electrical service supply or remove any electrical meter to a structure or building for a period of ninety (90) days or more in a residential occupancy or thirty (30) days or more in a commercial or industrial occupancy. An inspection of the occupancy and other pertinent facilities is required. The serving utility will be authorized by the Building Official to reconnect the supply of service or reinstall any meter upon the condition that the occupancy is found to be void of hazardous or unsafe conditions.
days or more in a residential occupancy or thirty (30) days or more in a commercial or industrial occupancy. An inspection of the occupancy and other pertinent facilities is required. The serving utility will be authorized by the Building Official to reconnect the supply of service or reinstall any meter upon the condition that the occupancy is found to be void of hazardous or unsafe conditions.
Any hazardous or unsafe conditions found will require that an electrical permit (or combination permit) be obtained, as elsewhere contained in this Chapter, to correct those same conditions. The meter reset permit does not cover electrical work as elsewhere contained in this Chapter. Meter reset permit fee is established by the Master Fee Schedule.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.355 - Information on submittals; signing and sealing of documents; persons who may prepare plans.
A.
Information on Submittals. Refer to Section 15.04.1.140 of this Chapter.
B.
Reserved.
C.
Signing and Sealing of Plans and Other Submittal Documents. Refer to Section 15.04.1.145 of this Chapter.
D.
Persons Who May Prepare Plans. Refer to Section 15.04.1.150 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.360 - Permit issuance.
A.
The application, plans, diagrams, calculations, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official. Such data may be reviewed by other departments of this and other jurisdictions to verify compliance with applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, diagrams, computations, calculations, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws, ordinances and conditions of compliance for the abatement of violations of this Code and other codes and ordinances and that the fees, charges, costs and
assessments specified in the Master Fee Schedule, as well as all penalties, have been paid, the Building Official shall issue a permit therefore to the applicant.
When issuing a permit where plans are required, the Building Official shall endorse in writing or stamp the plans as provided in the California Building Code. Such approved plans shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans.
The Building Official may issue a permit for the construction of a part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of a partial permit may proceed without assurance that the permit for the entire building, structure or electrical system will be granted.
B.
One set of reviewed plans, diagrams, calculations, specifications and computations shall be retained by the Building Official until final approval of the work covered therein. One (1) set of approved plans and specifications shall be returned to the applicant and said set shall be always kept on the site of the building or work during which the work authorized thereby is in progress.
C.
The issuance of a permit or approval of plans, calculations, specifications, diagrams, and computations shall not be construed to be a permit for, or an approval of any violation of any of the provisions of this Code or of other ordinances, rules, or regulations of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or of other ordinances, rules, or regulations of the jurisdiction shall not be valid.
The issuance of a permit based upon plans, calculations, specifications, computations and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, calculations, computations, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this Code or of other ordinances of this jurisdiction.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.365 - Expiration of permit application or issued permit; suspension or revocation; fees.
A.
Expiration of Permit Application or Issued Permit. Refer to Section 15.04.1.155 of this Chapter.
B.
Suspension or Revocation of Issued Permit. Refer to Section 15.04.1.160 of this Chapter.
C.
Fees. Refer to Section 15.04.1.165 of this Chapter.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.370 - Inspections. ¶
A.
Electrical equipment and systems for which permits are required by this Code shall be subject to inspection by the Building Official and such electrical equipment and systems shall remain accessible and exposed for inspection purposes until approved by the Building Official. It shall be the duty of the permit applicant to cause the electrical equipment and systems to remain accessible and exposed for inspection purposes. It shall the duty of the permit holder to have field personnel on site who are over the age of eighteen (18) and who have direct knowledge of the work and project and have competency to answer questions about the work performed. Neither the Building Official nor the City of Oakland shall be liable for expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system or equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy supply lines until authorized by the Building Official.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of this Code or of other ordinances, rules, or regulations of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the City of Oakland shall not be valid.
B.
The requirements of this Section shall not be considered to prohibit the operation of mechanical systems installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of such equipment or fixture has been filed with the Building Official not more than forty-eight (48) hours after such replacement work is completed, and before any portion of such electrical system is concealed by any permanent portion of the building.
C.
It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. Every request for inspection shall be filed at least one (1) working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this Code to provide access to and means for inspection of such work.
D.
In addition to the called inspections required by this Code, the Building Official may make or require other inspections of electrical work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Code Enforcement Agency.
E.
A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. This provision is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for inspection or re-inspection.
Re-inspection fees may be assessed, when the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official. Re-inspection fees shall be established and assessed in accordance with the Master Fee Schedule. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.375 - Connection approval. ¶
A.
No person shall make connections from a source of energy to any electrical system or equipment regulated by this Code and for which a permit is required until approved by the Building Official.
B.
Whenever any person engaged in the distribution or sale of electrical energy shall set or install, or reset or reinstall, in, or about any building any meter for the measurement of electrical energy; or shall connect or reconnect supply or service to any installation of electrical equipment in, on, or about any building; or shall change the nominal voltage of supply for service to any installation of electrical equipment, in, on, or about any building; or shall change any such supply for service from two-wire to three-wire or vice versa, or from single phase to polyphase or vice versa, or from direct current to alternating current or vice versa, said person shall receive written authorization from the Building Official or the Building Official's designated representative, which authorization shall specify the location and address of the installation affected, provided, however, that said authorization need not be received with respect to any such meter installation or reinstallation or any such supply or service connection or reconnection, authorized by the Building Official or the Building Official's designated representative within thirty (30) days or more in residential occupancies or ninety (90) days or more in other occupancies of previous authorization; provided further that the Building Official may, at his or her discretion, waive temporarily or permanently any or all requirements of this Section by giving written notice of such waiver to all persons engaged in the distribution or sale of electrical energy; and said Building Official may likewise at any time revoke such waiver by written notice to all such persons.
C.
The Building Official may authorize temporary connection of the electrical equipment to the source of energy for the purpose of testing the equipment, or for use under a temporary certificate of occupancy.
D.
Provisions shall not be made for installing more than a single utility meter in the service equipment for a single-family dwelling, including other structures on the same property, without written authorization by the Building Official prior to their installation.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.380 - Definitions. ¶
In Article 100—Part A of the California Electrical Code, add the following definitions:
A.
Multiple Family Dwelling. Occupancies shall include Group R, Division 2 and Group I, Division 2, as defined and used in the California Building Code.
B.
Family Room. A room or area in a dwelling unit separate from and contiguous to a kitchen and not used for eating, sleeping or sanitation purposes.
C.
Recreation Room. Refer to Family Room.
D.
Show Window. Applicability shall further include all occupancies engaged in public commerce, including banking and real estate.
(Ord. No. 13861, § 4, 9-15-2025)
15.04.2.385 - Article 110-35 of CEC added.
In Article 110 of the California Electrical Code, add the following new article: