Chapter 1 — DIVISION II ADMINISTRATION

PART 1 - GENERAL PROVISIONS

Section 101. Scope and General Requirements - Amend Section 101 as follows:

Amend: 101.1 Title. This Section 15.12.020 of Oakland Municipal Code Chapter 15.12 shall be known as the "Oakland Amendments to the 2022 California Fire Code," may be cited as such and will be referred to herein as "this Chapter," "this Code," or the "Oakland Fire Code."

Amend: 101.2 Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:

1.

The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;

2.

Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;

3.

Fire hazards in the structure or on the premises from occupancy or operation;

4.

Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems; and

5.

Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

Amend: 101.2.1 Appendices. The following Appendices of the 2022 California Fire Code are adopted by the City of Oakland and made a part of the Oakland Fire Code.

Add: 101.2.2 General Provision. Where any section of the 2022 California Fire Code or any other referenced codes, regulations or standards are amended by this Chapter, all provisions of such original codes, regulations or standards not so specifically amended shall remain in full force and effect. Notwithstanding the foregoing, in the event provisions set forth herein conflict with any section of the 2022 California Fire

Code or any other referenced codes, regulations or standards, the provisions of this Code shall prevail and control. Further, in the event that provisions set forth in this code conflict with provisions the City Charter, the City Charter shall prevail and control.

Failure to comply with any of the provisions of this Code, including failure to provide, obtain or maintain valid permits, certifications, tests, listings, affixed labeling, inspection approvals, or other conditions of

permit; failure to repair, demolish, remove, abate vegetation hazards in the Very High Fire Severity Zone, or rehabilitate unsafe materials, appliances, fixtures, equipment or other property; or failure to prevent, restrain, correct, or abate conditions unsafe or hazardous for egress or fire protection or health due to inadequate maintenance, excess loading, dilapidation, or abandonment shall be and is declared to be prima facie evidence of an existing and continuing hazard to life or limb, property or public welfare.

Section 102. Applicability - Amend Section 102 as follows:

Amend: 102.1. Construction and design provisions. The construction and design provisions of this Code shall apply to:

1.

Structures, facilities and conditions arising after the adoption of this code.

2.

Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.

3.

Existing structures, facilities and conditions when required in Chapter 11.

4.

Existing structures, facilities and conditions which, in the opinion of the Fire Code Official, constitute a distinct hazard to life or property.

Add: 5. All materials, assemblies, appliances, fixtures, equipment, and installations thereof; all arrangements of occupancies, exits, aisles, stairs, and doors; all parapet walls, cornices, spires, towers, tanks, statuary, signage, structural members, appendages, and appurtenances thereto in buildings and structures regulated by the 2022 California Fire Code shall be so arranged, assembled, installed, maintained and of sufficient size and so protected as to reduce and minimize all egress, fire, safety, and health hazards.

Add: 6. The quality of all materials, assemblies, appliances, fixtures, and equipment; methods of connection, assembly, and installation; allowable stress, strain, deflection, rate and volume and velocity of flow, pressure, temperature, and opacity; and assumed loads and capacities to be used in the design and construction of all buildings and structures, plumbing and mechanical installations, and electrical systems shall be consistent with requirements of this Code and nationally recognized standards of quality and generally recognized and well-established methods of testing, design, installation, and construction. Testing, listing, and affixed labeling shall be prima facie evidence of conformity with approved standards for safety to life and limb, property, and public welfare.

Amend: 102.3 Change of use or occupancy. Changes shall not be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of 2022 California Fire Code and the California Building Code. Subject to the approval of the Fire Code Official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be

ce the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of 2022 California Fire Code and the California Building Code. Subject to the approval of the Fire Code Official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be

occupied for purposes in other groups without conforming to all of the requirements of this code and the California Building Code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

When a new or proposed use of an existing structure is more hazardous than the existing use, based on life and fire risk, an automatic fire extinguishing system and associated fire protection systems shall be provided in the building or tenant space. Tenant spaces shall be separated from the remaining tenant spaces based on the type of Occupancy/Construction for non-sprinklered construction and in accordance with the CBC.

When a new or proposed use of an existing structure is less hazardous of an existing use, based on life and fire risk an automatic fire extinguishing system and associated fire protection systems shall be provided to the occupancies referenced in Sections 904.1.1 through 904.1.7. of the 2021 International Existing Building Code.

Add: Table 102.3

Changes in the same occupancy classification shall be handled by code bulletin

Amend: 102.8. Subjects not regulated by this code. Where no applicable standards or requirements are set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the Fire code official to determine compliance with codes or standards for those activities or installations within the Fire code official's jurisdiction or responsibility. Further, unless expressly stated herein, this code is not intended to amend, repeal, or supersede provisions of any other codes, regulations, ordinances, or the Oakland City Charter, including, but not limited to, the demolition ordinance, earthquake damage abatement ordinance, dangerous building ordinance, creek protection ordinance, Planning Code and Building Maintenance Code.

Section 105. Permits - Amend Section 105 as follows:

Amend: 105.2 Application. Application for a permit required by this code shall be made to the Fire Code Official in such form and detail as prescribed by the Fire Code Official. Applications for permits shall be

accompanied by such plans as prescribed by the Fire Code Official. An application for a permit shall be accompanied by a fee established by resolution of the city council.

Amend: 105.3.7 Information on the permit. The Fire Code Official shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information required by the Fire Code Official. Issued permits shall bear the signature of the Fire Code Official or other approved legal authorization.

Every permit shall also contain an agreement as follows which shall be executed by the permit holder as a condition of issuance:

"I hereby agree to save, defend, indemnify and keep harmless the City of Oakland and its officials, officers, employees, representatives, agents and volunteers from all actions, claims, demands, litigation, or proceedings, including those for attorneys' fees, against the City 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, and will in all things strictly comply with the conditions under which this permit is granted. 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."

Amend: 105.5.9 Compressed Gases. An operational permit is required for the storage, use, or handling, at normal temperatures and pressures (NTP), of compressed gases in excess of the amounts listed in Table 105.5.9, to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. When the compressed gases in use or storage exceed the maximum amounts list in Table 105.5.9, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.

Amend: 105.5.11 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.5.11. See also Chapter 55.

Exception: Except where federal or state regulations apply and except for fuel systems of a vehicle a construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens.

Amend: 105.5.18 Flammable and combustible liquids. An operational permit is required:

Amend: 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

Amend: 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on-demand mobile fueling operations in accordance with Section 5707.

Add: 12. To store, handle or use Class HIB liquids with a flashpoint of less than 500 degrees F in excess of 110 gallons.

Add: 13. To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.

Add: 105.5.54 Additional operational permits. In addition to the permits required by Section 105.6, the following operational permits shall be obtained from the Fire Code Official:

1.

General use permit. A general use permit for any activity or operation not specifically addressed in this article, which in the judgment of the Fire Code Official, is possible or likely to produce conditions hazardous to life or property.

2.

Occupancies, buildings, and uses. An operational permit is required for various occupancies, buildings, and uses as established or modified by the City.

Add: 105.5.55 Fire Alarm or Sprinkler Monitoring System. No person shall install or cause to be installed any fire alarm system device designed to indicate a fire emergency without first obtaining a permit. Application and plans for such permit shall be made to the Fire Code Official in accordance with 106 of this code.

Amend: 106.2. Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.5.9, a construction permit is required to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.

Amend: 105.6.6 Fire alarm and detection systems and related equipment A construction permit is required for installation of or modification to fire alarm and detection systems or sprinkler monitoring system and related equipment. Maintenance performed in accordance with this code is not considered a modification.

Add: 105.6.25 Landscaping and irrigation. A construction permit is required to install or alter landscaping and irrigation in the Wildland Urban Interface Fire Areas (also known as High Fire Hazard Areas). See also Chapter 49.

Section 107. Fees - Amend Section 7 as follows:

Amend: 107.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to an additional fee double the amount of the permit fee as established by the applicable governing authority, which shall be in addition to the required permit fees.

Add: 107.7 Fees for services; establishment; review. The Fire Code Official is authorized to collect fees for services established or modified by resolution of the City Council. The Fire Code Official shall review the fees charged for such services at least once annually and may, with the approval of the City Administrator, recommend changes to the council when the costs for such services make it appropriate.

Add: 107.8 False alarms or nuisance alarms. The Fire Code Official is authorized to assess a service charge, as set forth by resolution, against the person owning or responsible for an alarm system when a fire

department response occurs per the City of Oakland Master Fee Schedule and for each subsequent false alarm or nuisance alarm thereafter, or against any person who intentionally, or in violation of the law reports, or causes to be reported, a false alarm or nuisance alarm to any department of the City of Oakland.

Section 109. Maintenance - Amend Section 109 as follows:

Amend: 109.3 Recordkeeping. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years or a different period of time where specified in this code or referenced standards and shall be electronically copied to the Fire Code Official by the company that performed the inspection, testing or maintenance in a manner prescribed by the Fire Code Official.

Section 111. Means of Appeals - Amend Section 111 as follows:

Amend: 111.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of nonadministrative (technical) requirements of this Code, the property owner may request an administrative hearing or appeal in accordance with law. The request shall be filed in writing with the Fire Code Official and shall be accompanied with a fee as established by the Master Fee Schedule. The request for an administrative hearing or appeal shall contain the information provided under Section 109.4.

Amend: 111.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The person(s) hearing the appeal shall not have authority to waive requirements of this code.

Amend: 111.3 Qualifications. No person(s) hearing the appeal shall be an employee of the City of Oakland and shall be qualified by experience and training regarding fire explosions, hazardous conditions or fire protection systems, and building construction and other matters pertaining to the 2022 California Fire Code.

Add: 111.5 Procedures. The request for an administrative hearing or appeal shall contain the following information:

1.

A brief statement setting forth the legal interest of the party or parties in the real property identified in the order, decision or determination made by the Fire Code Official;

2.

A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) protested;

3.

A brief statement in ordinary and concise language, together with any material facts to support that contention that the intent of this code or the rules legally adopted hereunder have been incorrectly

interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed;

4.

The signature of the property owner, and his or her mailing address; and

5.

The verification (by declaration under penalty of perjury) of at least one person requesting a hearing as to the truth of the matters stated in the request for hearing.

The written request for an administrative hearing or appeal with the accompanying fee shall be received by the Fire Code Official within fourteen (14) calendar days from the date of the service of such order, decision or determination of the Fire Code Official.

As soon as practicable after receiving the request for administrative hearing, the Fire Code 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 Fire Code 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.

Only those technical matters or issues specifically raised by the appellant in the Request for Hearing shall be considered.

Add: 111.6 Effect of hearing. Decisions on the administrative hearing or appeal in all instances shall be final and conclusive.

Add: 111.7 Review of administrative determination. 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 pursuant to Section 109.1.

Section 112. Violations - Amend Section 112 as follows:

Amend: 112.1 Unlawful acts. It shall be unlawful fora person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premise(s), or system regulated by this code, or cause a public nuisance, potential fire or health hazard, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

Add: 112.1.2 Blight or hazardous condition. Any commercially or residentially zoned parcel, lot or premise on which flammable or combustible materials as defined by this Code are openly stored or abandoned, causing blight or hazardous conditions, so as to constitute a potential fire or health hazard shall constitute a public nuisance and shall be ordered cleaned by the issuance of an Administrative Citation to the property owner in accordance with Section 107.1 of this Code.

ned parcel, lot or premise on which flammable or combustible materials as defined by this Code are openly stored or abandoned, causing blight or hazardous conditions, so as to constitute a potential fire or health hazard shall constitute a public nuisance and shall be ordered cleaned by the issuance of an Administrative Citation to the property owner in accordance with Section 107.1 of this Code.

Add: 112.1.3 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 correction, abatement and prosecution of the violation.

Add: 112.3.3.1 Prosecution of violations. Any violation of this Code is deemed a public nuisance and a misdemeanor, but may be cited or charged, at the election of the enforcing officer or City Attorney or District Attorney, as infractions. Nothing in this Section shall prevent any other remedy at law. Each person shall be guilty of a separate offense for each and every day during a portion of which a violation of any provision of this Code is committed, continued, or permitted by such person.

Amend: 112.3.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the Fire Code Official shall not be mutilated, destroyed or tampered with, or removed, without authorization from the Fire Code Official.

Amend: 112.4 Violation penalties. A person violates a provision of this code by failing to comply with any of the requirements thereof or who erects, installs, alters, repairs, or does work in violation of the approved construction documents or direction of the Fire Code Official or their designee, or of a permit or certificate used under the provisions of this code, is guilty of a misdemeanor offense as set forth in the Oakland Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Cost recovery for this enforcement shall be provided per Section 112.4.3 of this code.

Amend: 112.4.2 Powers to Abate. The Fire Code Official or their designee is authorized to abate a fire or life hazard when necessary to protect life or property. This may include, but is not limited to, orders requiring the removal of flammable liquids, fireworks, hazardous electrical wiring, temporary closure of commercial occupancies, the extinguishment of unsafe or illegal fires and any other similar hazards, determining no smoking areas, and ceasing operation of any type apparatus that poses an imminent danger to property or life.

ct life or property. This may include, but is not limited to, orders requiring the removal of flammable liquids, fireworks, hazardous electrical wiring, temporary closure of commercial occupancies, the extinguishment of unsafe or illegal fires and any other similar hazards, determining no smoking areas, and ceasing operation of any type apparatus that poses an imminent danger to property or life.

Add: 112.4.3 Cost recovery. In addition to the enforcement and other proceedings referenced in Section 117 of this Code, the costs of any abatement action taken pursuant to this Code may be recovered by the City pursuant to the provisions of this Section and section 115. After performing the abatement work on the property in question, the City shall cause to be recorded with the County Recorder, a "prospective Notice of Special Assessment Lien." Such notice shall summarize the work performed, the cost and date of completion. The costs shall be imposed as a lien in conformance with Section 108 of this Code. The City may proceed to recover such costs in a civil lawsuit.

Add: 112.4.3.1 Notice of abatement orders, notices and actions. If notice has not already been given pursuant to Section 111.3, the Office of the Fire Code Official shall personally serve, or shall send one copy of the official notice to abate by regular mail, postage prepaid, to the person owning the parcel, including undeveloped land, on which the fire or dangerous condition is located, or to any person in control of said parcel, as such person's name and address appear on the current Office of the County Assessor, County of Alameda, State of California assessment roll. If such address is unknown to the City then notice shall be affected by physically posting such notice on the property itself. Service by mail shall be deemed completed at the time of deposit in the United States mail.

Section 114. Unsafe Buildings - Amend Section 114 as follows:

Add: Section 114.2.1 Unauthorized re-occupancy of unsafe buildings. No person shall reoccupy any building, which has been posted as specified in this subsection except for the purpose of securing same or making the required repairs or demolishing the building or structure, nor shall any person remove or deface any such notice so posted until the hazard/s has been abated.

Section 115. Judgment and Liens — Add Section 115 as follows:

Add: 115.1 Authority to lien. The cost incurred pursuant to Sections 104 and 107 of this Code in obtaining Real Property Ownership Reports and in razing or demolishing any fire or securing or cleaning any parcel and abating its associated fire hazard, or instituting a fire watch by action of the Fire Code Official or their designee, shall be a proper charge against the City Treasury and shall be paid from such. Re-inspections and administrative fees to ascertain Code compliance for overdue abatement of previously noticed or cited violations shall be charged against the owner. Fees shall be in the amount as currently described in the Master Fee Schedule. The Fire Code Official or their designee shall give the owner or other interested party of such premises a written notice and statement showing the itemized cost of such abatement, and requesting payment thereof. Alternatively, said charges may be directly collected in a civil lawsuit or by the filing and foreclosure of a lien.

Add: 115.2 Notice of hearing on lien. If the City chooses to pursue the cost recovery method outlined in Section 112.4.3, and the amount of such expenses as shown in such statement is not paid within ten (10) days after such notice, the City shall present written notice of those persons against whose property the City intends to file a lien to the City Council. The City Council shall forthwith, by resolution, fix a time and place for a public hearing on such notice. The City shall cause a copy of such notice to be served on the owner of the property not less than ten (10) days prior to the time fixed for such hearing. Mailing a copy of such notice to the owner of the property at the address listed in the most recent property ownership records provided to the City by the Office of the County Assessor, County of Alameda, State of California, as of the date the City causes notice to be mailed shall comprise proper service. Service shall be deemed complete at the time of deposit in the United States mail.

At the public hearing as scheduled, the City Council will hear all noticed or affected property owners who would be obligated to pay the abatement and related costs incurred by the City. The City Council shall confirm the appropriateness of persons to be held responsible for the noticed abatement charges and report to the City its final determinations of liability concerning the affected parties. Charges confirmed by the City Council and not paid within five (5) days of the public hearing date will be subject to lien and collection procedures and civil lawsuit as provided below.

The City shall record in the Office of the County Recorder of the County of Alameda, State of California, and a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT LIEN

Pursuant to authority vested in me by the Fire Code of the City of Oakland, California, I did on the day of 20 cause a condition to be abated or chargeable action to occur on the hereinafter-described real property at the expenses of the owner thereof, in the amount of $_____ and that said amount has not been paid nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter-described real property in said amount; the same shall be a lien upon the said real property until said sum, with interest thereon from the date of recordation of this lien in the Office of the County Recorder of the County of

Alameda, State of California, and such other charges as may be applied from the City of Oakland Master Fee Schedule, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows:

Assessor's Parcel Number:

Dated this _____ day of _______, 20.

---

City Administrator or Designee

City of Oakland

A notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

A notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

The same shall be a lien against the property described therein until the amount thereof, plus accrued interest, has been paid in full. The amount of such lien shall draw interest thereon at a rate as established in the City of Oakland Master Fee Schedule from and after the date of the recording of said notice of the contents thereof.

Add: 115.3 Method of collection: additional amount of costs to tax bill procedure With the confirmation of the report by the City Council, the nuisance abatement charges contained therein that remain unpaid by the owner of the subject property shall constitute a special assessment against said property as it has received the special benefit of City abatement services. Such charges shall be collected, along with City administrative and reinspection fees at such time as is established by the Office of the County Assessor, County of Alameda, State of California for inclusion on the next property tax roll.

The City shall turnover to the Office of the County Assessor, County of Alameda, State of California for inclusion in the next property tax assessment the total sum of unpaid nuisance abatement charges consisting of the abatement costs, administrative and reinspection fees, fines, penalties, interest, and collection fees from the date of recordation of the lien, at the rate established and as described in the master fee schedule.

ice of the County Assessor, County of Alameda, State of California for inclusion in the next property tax assessment the total sum of unpaid nuisance abatement charges consisting of the abatement costs, administrative and reinspection fees, fines, penalties, interest, and collection fees from the date of recordation of the lien, at the rate established and as described in the master fee schedule.

Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure of sale as provided for ordinary delinquent municipal taxes. The special assessment shall be on parity and the same priority as general property taxes.

Add: 115.4 Judgment liens. A copy of every judgment imposing a fine or cost or both upon any owner of any real property for a violation of this Code thereon shall, upon the entry of judgment, be filed forthwith by the City in the Office of the Recorder of Alameda County. The County Recorder shall index it immediately

upon receiving it in the index of mechanics' liens. The fine, charges or administrative costs shall be a lien upon the real property from the time the certified copy of the judgment is filed in the Office of the Recorder, subject only to taxes, assessments, and water charges, and to mortgage and mechanics' liens existing on the real property prior to the filing.

Section 116. Oakland Municipal Code, Article 15, Chapter 15.64 Bedroom Window Security Bars and Smoke Detector Permit Requirements - Add Section 116 as follows:

Add: Section 116.1 Administration and Enforcement of Oakland Municipal Code, Title 15, Chapter 15.64 Bedroom Window Security Bars and Smoke Detector Permit Requirements. The City Administrator delegates to the Fire Code Official of the Fire Department the authority to enforce and administer the provisions of Oakland Municipal Code, Title 15, Chapter 15.64, entitled "Bedroom Window Security Bars and Grills." All City employees designated by the Fire Code Official are authorized to make necessary inspections and take any actions on behalf of the Fire Code Official as may be required to enforce and administer the provisions of Title 15 of the Oakland Municipal Code.

Title 15 of the Oakland Municipal Code will be administered and enforced in accordance with the powers vested in the Fire Code Official by applicable law, including but not limited to the 2022 California Fire Code and the provisions of Oakland Municipal Code.

Add: 116.2. Fire Hazard. Any residential or nonresidential building or structure or property, portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Code Official, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered Substandard and a Public Nuisance.

tial or nonresidential building or structure or property, portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Fire Code Official, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered Substandard and a Public Nuisance.

Add: 116.3 Faulty Materials of Construction. The use of materials of construction, except those which are specifically allowed or approved by this Code and the Oakland Building Code, and which have not been adequately maintained in good and safe condition, shall cause a residential or nonresidential building or structure to be Substandard and a Public Nuisance.

Add: 116.4 Inadequate Exits. Except for those buildings or structures or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this Code, residential and nonresidential buildings or structures or portions thereof whose existing facilities where installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered Substandard and a Public Nuisance.

Notwithstanding compliance with code requirements in effect at the time of their construction, residential and nonresidential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when the Fire Code Official or the Building Official finds that an unsafe condition exists through an improper location of or length of travel to required exits, or a lack of an adequate number of width of required exits, or when other conditions exist which are dangerous to human life including, but not limited to, lack of or unapproved or improperly installed or improperly maintained illumination of required exits, directional signage to required exits, door and window release and security devices, and other obstructions to or within the exiting path of travel or emergency escape.

Add: 116.5 Inadequate Fire Protection or Firefighting Equipment. Residential and nonresidential buildings or structures or portions thereof shall be considered Substandard and a Public Nuisance when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this Code, except those buildings or structures or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

Section 117. Declaration of Public Nuisance - Substandard - Add Section 117 as follows:

Add: 117 Any violations of the Oakland Fire Code deemed to be substandard and a public nuisance by the Fire Code Official or Building Official shall be subject to the enforcement and other proceedings set forth in the Oakland Building Code, Oakland Municipal Code Chapter 15.08 and 2022 California Fire Code.

CHAPTER 2 - DEFINITIONS

Section 202. General Definitions - Amend Section 202 as follows:

Add: ABANDONED shall mean tanks out of service and not being monitored in accordance with this Article and the provisions of the California Health and Safety Code shall be considered abandoned.

Add: CALIFORNIA FIRE CODE shall mean the International Building Code as amended and adopted by the State of California and is another name for the body of regulations known as the California Code of Regulations (C.C.R.), Title 24, Part 9; 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.

Add: CALIFORNIA ELECTRIC CODE shall mean the National Electric Code as amended and adopted by the State of California and is 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.

Add: CALIFORNIA MECHANICAL CODE shall mean the International Mechanical Code as amended and adopted by the State of California and is 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.

Add: CALIFORNIA PLUMBING CODE shall mean the International Plumbing Code as amended and adopted by the State of California and is 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.

Add: 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.

Add: COMBUSTIBLE MATERIAL is any material that, in the form in which it is used, stored, disposed and under the conditions anticipated, will ignite and burn or will add appreciable heat to an ambient fire.

Add: CONTINUOUS GAS DETECTION SYSTEM is an approved gas detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 5 minutes.

Add: CORROSIVE LIQUID is a liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acidic, alkaline or caustic materials. Such material will be considered prima facie corrosive when the pH is 2 or less or 12.5 or more, except for foodstuffs or medicine. This includes materials classified by DOT and Title 22 as corrosives.

Add: CURRENT CODE shall mean the edition of the California Building Code published by the International Code Council as adopted by the City of Oakland under California Health and Safety Code Section 18941.5. The edition to be applied shall be that edition in effect at the time damage occurs.

Add: DEPARTMENT HAVING JURISDICTION wherever reference is made in this Code to "Department Having Jurisdiction," it shall mean the Oakland Fire Department, and its successor in Title.

Add: ENGINEERING EVALUATION means an evaluation of a suspected damaged building or structure, performed under the direction of a fire protection engineer, structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.

Add: ESSENTIAL SERVICE FACILITY shall mean that building or structure which has been designated by the City Council to house facilities that are necessary for emergency operations.

Amend: FALSE ALARM is the willful and knowing initiation or transmission of a signal, message or other notification of an event of fire when no such danger exists, or the activation of any fire alarm system due to malfunction, mechanical or electrical defect, improper operation or procedure by any person, or a false oral or written report to any department of the City of Oakland that an emergency exists requiring immediate or emergency response by the Oakland Fire Department

Amend: HIGHLY TOXIC.

Add: 4. A chemical that has a health hazard ranking of 4 in accordance with NFPA Standard 704.

Add: INDEX SHEET is a sheet located within the 1st or 2nd sheet of the plan set that lists all drawings and sheet numbers and a description of each drawing that is part of the plan set or other submittal document.

Amend: JURISDICTION means the City of Oakland.

Add: LOCAL FIRE ALARM shall mean a fire alarm system provided for notification and evacuation of occupants. It shall have more than one notification appliance on each and every floor. The system may notify a monitoring company at the discretion of the Fire Code Official.

Add: NON-PROFESSIONAL is 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.

Add: OAKLAND BUILDING CONSTRUCTION CODE shall mean the compiled editions of the California Building Standards Codes, California Code of Regulations (CCR), Title 24, Part 2 (Building), Part 3 (Electrical), Part 4 (Mechanical), and Part 5 (Plumbing), and the Uniform Swimming Pool Spa and Hot Tub Code, with local amendments thereto as adopted by the Council of the City of Oakland.

Add: READILY ACCESSIBLE has the same definition as it is defined in the California Plumbing and Mechanical Codes.

Add: REMOVAL means the removal of tanks abandoned or permanently out of service from the ground which may require removal of all levels of containment, foundations, structures, or similar items which would obstruct soil sampling or cleanup of contaminated soil.

Add: REPLACEMENT VALUE is the dollar value, as determined by the building official based upon the square footage and the guidelines used in establishing the valuation of new construction, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.

Add: SEALED (STAMPED) means the plan(s) is/are sealed, as required by California Business & Professions Code Sections 5536.1 and 5536.2, 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.

Amend: SECONDARY CONTAINMENT is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

Add: SEGREGATED is storage in the same room or area, but physically separated by distance and independent secondary containment from incompatible materials.

Add: SEMICONDUCTOR FABRICATION FACILITY OR COMPARABLE MANUFACTURING, RESEARCH AND DEVELOPMENT AREAS is a building or portion of a building classified as a Group H Occupancy in which electrical circuits or similarly manufactured devices are created.

Add: SIGNED shall mean the copies of a plan(s) that were previously "wet" signed (and sealed), and the image of such signing is apparent on the copies of the originals submitted with an application for permit. Also refer to the definition of "wet" signed.

Add: SPECULATIVE WAREHOUSING is a building constructed without a specific use, occupancy hazard designation, or tenant. Buildings that do not have a designed fire sprinkler system for a specific use (occupancy) or storage commodity classification.

Add: STORAGE OR USE FACILITY is a building, portion of a building, or exterior area used for the storage, use, or handling of hazardous materials where the quantity of hazardous materials is equal to or greater than the permit amounts specified in Appendix Chapter 1, Section 105.

Add: STORAGE OR USE SYSTEM is any one or combination of tanks, sumps, waste treatment facilities, pipes, vaults or other portable or fixed containers, and their secondary containment systems which are

used, or designed to be used, for the storage, use, or handling of hazardous materials at a storage or use facility. For purposes of this code, a workstation having limited quantities of hazardous materials shall not be treated as a storage system.

Add: TEMPORARY INSTALLATIONS shall mean those that do not exceed one year.

Amend: TOXIC shall mean a chemical that has a health hazard rating of 3 in accordance with NFPA Standard 704.

Add: VALUE OF REPAIR is the dollar value, as determined by the building official, of making the necessary repairs to a damaged structure.

Add: VOLATILE SOLVENT means volatile organic compounds, including: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chlor-ethylene.

Add: WASTE OIL is a Class Ill-B waste liquid resulting from the use of Class Ill-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Add: "WET" SIGNED shall mean the original plan(s) signed (and sealed) with originally applied ink to the plan(s) or other submittal documents submitted with an application for permit. Also refer to the definition of "signed."

Add: WILDLAND - URBAN INTERFACE FIRE AREAS is all of that area within the City as defined by the Fire Code Official 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 Stearns Avenue; west on Stearns 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.

Amend: WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment.