Chapter 15.08 — OAKLAND BUILDING MAINTENANCE CODE[[2]]

Footnotes:

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Editor's note— Ord. No. 13407, § 4(Exh. A), adopted December 13, 2016, amended Chapter 15.08 in its entirety to read as herein set out. Formerly, Chapter 15.08 pertained to similar subject matter, and derived from Ord. No. 13199, § 3(Exh. A), adopted November 19, 2013.

Article I. - Scope

15.08.010 - Title.

These regulations shall be known as the Oakland Building Maintenance Code, and may be cited as such and will be referred to herein as "this Code".

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use occupancy, locations, and maintenance of all residential and nonresidential buildings, structures, portions thereof and real property within the City of Oakland.

The purpose of this Code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

The provisions of this Code shall apply to real property and to all residential and non-residential buildings and structures or portions thereof used, or designed or intended to be used, for human occupancy and habitation and all accessory buildings and structures on the same lot or parcel. Such occupancies in existing buildings may continue as provided in the Oakland Building Construction Code, except where the Building Official has issued an order to vacate after such structures as are found to be substandard and public nuisance as defined in this Code.

Where any building or portion thereof is used or intended to be used as a combination apartment house and hotel or combination non-residential and residential occupancies, the provisions of this Code shall apply to the separate portions as if they were separate buildings.

Rooming houses, congregate residences, lodging houses, vehicular residential facilities, and joint live work quarters shall comply with all the requirements of this Code for dwellings.

(Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.040 - Application to existing buildings and structures.

A.

Additions, Alterations, or Repairs (HSC Section 17958.8). For additions, alterations, or repairs, see the Oakland Building Construction Code.

Local ordinances or regulations governing alterations and repairs of existing buildings shall permit the replacement, retention, and extension of original materials and the use of original methods of construction as long as the hotel, lodging house, motel, apartment house, or dwelling, or portions thereof, or building and structure accessory thereto, complies with the provisions published in the State Building Standard Code and the other rules and regulations of the department or alternative local standards adopted pursuant to California Health & Safety Code (HSC) Section 17958 and does not become or continue to be a Substandard and Public Nuisance building.

B.

Relocation of Structures (HSC Section 17958.9). Non-residential buildings or structures moved into or relocated or repositioned or raised within the City of Oakland shall comply with the requirements of the Oakland Building Construction Code for new buildings and structures.

The retention of existing materials and methods of construction is permissible for relocated or repositioned apartment houses and dwellings so long as the apartment house or dwelling complies with the building standards for foundations applicable to new construction, and does not become or continue to be a Substandard and Public Nuisance building.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

All materials, assemblies, appliances, fixtures, equipment, and installations thereof; all arrangements of occupancies, exits, aisles, stairs, and doors; all parapets wall, cornices, spires, towers, tanks, statuary, signage, structural members, and all appendages and appurtenances thereto in buildings and structures regulated by this Code shall be so arranged, assembled, installed, maintained, and of sufficient size and so protected as to reduce and minimize all egress, fire, structural collapse, natural gas or chemical asphyxiation or toxicity or explosion, electrical shock, potable water cross-contamination, sewerage contamination, and other health and safety hazards.

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 ampacity; and assumed loads and capacities to be used in the design, construction, and maintenance 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.

Non-compliance with any of the provisions of this Code, including failure to provide, obtain or maintain valid approvals, permits, certifications, tests, listing, affixed labeling, inspection approvals, or other conditions of permitting; failure to repair, demolish, remove, or rehabilitate unsafe materials, appliances, fixtures, or equipment; or failure to prevent, restrain, correct, or abate conditions unsafe or hazardous for occupancy or egress or fire protection or health due to inadequate maintenance, excess loading, dilapidation, or abandonment is hereby declared to be prima facie evidence of an existing and continuing hazard to life and limb, property, and/ or public welfare.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.060 - Effect on other codes, regulations, and ordinances of adoption of the Oakland Building Maintenance Code.

Unless expressly stated herein, this Code is not intended to amend, repeal, or supersede provisions of any other codes, regulations, or ordinances of the City of Oakland, including, but not limited to, the Demolition Ordinance, Earthquake Damage Abatement Ordinance, Dangerous Building Ordinance, Grading Ordinance, Blight Abatement Ordinance, Weed Abatement Ordinance, Administrative Penalty Ordinance, Window Security Bar Ordinance, Solid Waste Collection and Disposal and Recycling Ordinance, Oakland Planning Code, Oakland Building Construction Code, and Oakland Fire Code.

ng, but not limited to, the Demolition Ordinance, Earthquake Damage Abatement Ordinance, Dangerous Building Ordinance, Grading Ordinance, Blight Abatement Ordinance, Weed Abatement Ordinance, Administrative Penalty Ordinance, Window Security Bar Ordinance, Solid Waste Collection and Disposal and Recycling Ordinance, Oakland Planning Code, Oakland Building Construction Code, and Oakland Fire Code.

In any specific section or case where there is a conflict within or between or among provisions, the most restrictive which prescribes and establishes the higher standard of safety or public benefit shall prevail and control except that the most recently adopted Oakland Building Construction Code shall prevail over this Code, and where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply.

Neither the adoption of this Code nor the repeal hereby 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 fee or penalty at such effective date due and unpaid under such ordinance relating to the collection of any such license or fee penalty or the penal provisions applicable to any violations thereof.

For existing residential and non-residential buildings or structures that were not Substandard and Public Nuisance at the time of adoption of this Code and that have not subsequently become Substandard and Public Nuisance, the Building Official may allow application of standards contained within provision of the Oakland Building Maintenance Code or the Oakland Building Construction Code in effect at the time the building or structure was constructed, whichever is more stringent.

(Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.070 - Effect of modifications and partial invalidity.

Where provisions set forth herein conflict with the provisions of the California Code of Regulations (CCR), Title 25, Part 1, Chapter 1, Subchapter 1 or California Health and Safety Code Section 17910 et seq., the enforcement of which is mandated by State legislation, the provisions of the State Housing Law and the State Housing Law Regulations shall prevail and control.

Where any section, subsection, sentence, clause, phrase or other part of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council of the City of Oakland hereby declares that it would have approved and adopted this Code and each chapter, section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one (1) or more chapters, sections, subsections, sentences, clauses, phrases or other parts be declared unconstitutional.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article II. - Enforcement

A.

Authority. The Building Official and designees are hereby authorized and directed to enforce all of the provisions of this Code and Chapter 8.24 (Property Blight) of the Oakland Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer.

B.

Alternative Compliance. Where there are practical difficulties involved in complying fully with the technical requirements of Articles V, VI, VII, VIII, and IX of this Code, the Building Official may grant modifications for individual cases. The Building Official shall find that a special individual reason makes the strict application of this Code impractical and that the modification does not lessen health and safety requirements and is equivalent in suitability, strength, effectiveness, fire resistivity, durability, and ampacity. The details of actions granting modifications shall be retained by the Building Official for the period required for retention of public records.

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 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 City. Test methods shall be as specified in the Oakland Building Construction 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.

C.

Right of Entry (HSC Sections 17971 and 17972). When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable cause to believe that there exists in a building or structure or upon a premises a condition that is contrary to or in violation of this Code that makes the building or structure or premises unsafe, dangerous or hazardous, 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 structure or premises is occupied, that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied and secured against entry, the Building Official shall first make a reasonable effort to locate the record owner of the property or other adult person having lawful charge or control of the building or structure or premises and request entry. If such entry is refused, the Building Official shall have recourse to the remedies provide by law to secure entry.

such building or premises is unoccupied and secured against entry, the Building Official shall first make a reasonable effort to locate the record owner of the property or other adult person having lawful charge or control of the building or structure or premises and request entry. If such entry is refused, the Building Official shall have recourse to the remedies provide by law to secure entry.

No person authorized by this Code to enter buildings shall enter an occupied unit or space or other nonpublic area without the consent and presence of the owner or the owner's designated agent or the lawful and adult occupant of the unit or space or other non-public area or without a proper written order executed and issued by a court having jurisdiction to issue the order.

D.

Unsecured Premises. Owners are required to secure all unoccupied buildings and structures from unauthorized entry. Whenever an unoccupied building or structure or accessory structure or lot or parcel or portion thereof is or has become unsecured and open to unauthorized entry and as a result is unsafe and constitutes an attractive nuisance and danger to the public health and welfare, the Building Official may clean and secure the premises and install perimeter fencing and gates and terminate the serving utilities and maintain the premises against unsafe or unpermitted re-use or re-occupation. All charges therefore shall become an assessment against the property and the record owner.

Whenever such unsecured premises or portion thereof or condition therein is or has been determined to be a Nuisance as defined in Section 15.08.170 of this Code, the Building Official may immediately re-secure breached points of entry or construct suitable barriers to entry or otherwise temporarily abate the nuisance condition.

For the purposes of this sub-section (15.08.080.D), the provisions of Section 15.08.380.C of this Code as pertains to notification of the record owner and to an expedited administrative hearing shall apply.

E.

Responsibilities Defined. Owners remain liable for violation of duties imposed by this Code even though an obligation is also imposed on the occupants of the building, and even though owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

Building and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be re-inspected.

Owners, in addition to being responsible for maintaining buildings and structures in a sound structural condition, shall be responsible for keeping that part of the building or premises that the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more dwelling units.

Owners shall, when required by this Code or the Health Officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or mailing.

Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises that they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the Oakland Municipal Code, Chapter 8.24 (Property Blight) and Chapter 8.28 (Solid Waste Collection and Disposal and Recycling), and approved by the Health Officer.

Occupants shall, when required by this Code, the Oakland Municipal Code, Chapters 8.24 and 8.28, or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary.

F.

Enforcement by City Attorney. The City Attorney may enforce the provisions of this Chapter through civil action for injunctive relief, damages, receivership, or any other relief. Such an action may include causes of action under state and local law and may further include recovery of damages, fees, costs, administration citations, civil penalties, and attorney's fees. The City Attorney has sole discretion to determine whether to bring such an action.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Buildings, structures, portions thereof, and real property that are determined to be Substandard as defined in Article X of this Code are hereby declared to Public Nuisances and shall have the Certificate of Occupancy revoked and shall be abated either by repair and rehabilitation or demolition and may be ordered vacated in accordance with the procedure specified in Article XI of this Code.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Deteriorated Conditions. Any person adversely affected by the initial issuance of an order, decision, or determination made relative to the applications and interpretations of Articles V, VI, VII, VIII, IX, X, or XI of this Code may appeal by requesting an administrative hearing before a Hearing Officer following the procedures set forth in Oakland Municipal Code 15.04.1.125.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13529, § 2, 4-16-2019; Ord. No. 13407, § 4(Exh. A), 1213-2016)

15.08.110 - Abatement of violations.

A.

General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building, structure, portion thereof, or real property or cause or allow the same to be done in violation of this Code.

In addition to the penalties provided by law and ordinance, a violator shall be liable for such costs, expenses, accruing interests, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation.

Pursuant to Section 836.5 of the California Penal Code, the Building Official and the Building Official's designees are hereby authorized to enforce this Code and to cause the arrest of violators thereof whenever they reasonably believe that the person has committed a misdemeanor offense of this Code in their presence.

The City Administrator, or designee, shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Code in addition to those officers enumerated herein. Officers or employees so designated shall have the authority to cause the arrest of persons who violate any of such provisions whenever they reasonably believe that the person has committed a misdemeanor offense of this Code in their presence.

Conviction of an infraction and any subsequent convictions under the provisions of this Code shall be punishable by the maximum fines prescribed by law. Any violations beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor, and the penalty for conviction of the same 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 may, upon the entry of judgment, be filed forthwith with the Alameda County Clerk-Recorder.

Pursuant to Section 409.5 of the California Penal Code, failure to vacate immediately or to impede in any way whatsoever the vacation of any building, structure, portion thereof, or real property which has been determined by the Building Official to be an imminent hazard as provided in Section 15.08.380.C of this Code shall constitute a misdemeanor offense and shall be cause for arrest and removal from the premises in addition to all other penalties provided by law.

B.

Notification. The initial notice of violation or order to repair or abate shall be served to the record owner of the property by one (1) or more of the following methods of service:

1.

Personal delivery with acknowledged receipt; or

2.

Mailing with certified postage to the record owner's address as it appears on the last equalized assessment roll of the Alameda County Tax Assessor or as otherwise may be known to the Building Official; or

3.

Constructive public notification, including but not limited to the following:

a.

Publication in a newspaper of general circulation; or

b.

Conspicuous posting on or within the vicinity of the property.

Failure to serve any person required by this Code to be served or failure of such person to receive such notification shall not invalidate any proceedings hereunder as to any other person duly served or relieve any person not served from any duty or obligation imposed by this Code.

C.

Notice to Residential Tenants (HSC 17980(d). Tenants in residential buildings shall be provided copies of any notice of violation or order to abate that affects the health and safety of the occupants and causes the building to be substandard. Notice to tenants shall be provided by one (1) or more of the following methods:

1.

Posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit; or

2.

Posting a copy of the order or notice in a conspicuous place on the property and by mailing a copy by first class mail to each affected residential unit;

Failure to provide notice to residential tenants shall not invalidate any proceedings hereunder as to any other person duly served or relieve any person not served from any duty or obligation imposed by this Code.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article III. - Fees and Inspections

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless separate permits for each building or structure have first been obtained from the Building Official in the manner and according to the applicable conditions prescribed in the Oakland Building Construction Code and the Oakland Planning Code.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

Abatement of Violations. The fees and costs incurred and the penalties assessed and the interest accrued in obtaining Real Property Ownership Reports, and in repairing, cleaning, remediating, removing, or demolishing a building, structure, or real property, including costs incurred in relocating occupants of the building and in securing a building, structure, or real property from unauthorized access, and in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, and accruing interest shall be charged against the property and owners.

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.

B.

Demand for Payment. Prior to recordation of a nuisance abatement lien or a priority lien and special assessment of the general tax levy, the Building Official shall provide the property owner an itemized list of the fees, costs, penalties, and interest accruing to such lien, with a Demand for Payment thereof.

Such Demand shall indicate that failure to pay expeditiously will result in a collection action as set forth in this Code.

C.

Collection. Whenever such fees, costs, penalties, and accruing interest are not fully paid with seven (7) calendar days after service of such demand, then the City, either through the Building Official or other

designated office, may undertake collection by one (1) or more of the following means:

1.

Priority Lien. The City may file a certificate of priority lien and special assessment of the general tax levy with the Office of the Alameda County Clerk-Recorder for recordation on the property title which shall be a priority lien against the property described therein until such amounts with accruing interest have been paid in full. The amount of such lien shall draw interest thereon at a rate as established in the Master Fee Schedule or such higher rate as may be established by the Alameda County Tax Assessor and Tax Collector for collection of municipal and county taxes from and after the date of service of such demand. The statute of limitations shall not run against the right of City of Oakland to enforce payment.

2.

Special Assessment of the General Tax Levy. The Building Official or the City may transmit such amounts with accrued interest to the Alameda County Tax Assessor and Tax Collector, who shall thereupon enter a Special Assessment of the General Tax Levy on the County Assessment Book opposite the description of the particular lot or parcel of land, and such Special Assessment shall be collected together with all other taxes levied against the property. Such Special Assessment shall be subject to the same penalties and

interest and to the same procedure under foreclosure and sale, in the case of delinquency, as provided for all other municipal and county taxes against the property, and all laws applicable to the levy, collection, and enforcement of general property taxes are hereby made applicable to such special assessment.

3.

Nuisance Abatement Lien. The Building Official or the City may file a Nuisance Abatement Lien with the Alameda County Clerk-Recorder for recordation on the property title which shall, from the date of recordation, have the force, effect, and priority of a Judgment Lien. Such Nuisance Abatement Lien may be foreclosed by an action brought by the City of Oakland for a money judgment.

D.

Service.

1.

Demand for Payment. The initial Demand shall be served to the record owner of the property by one or more of the following methods of service:

a.

Mailing with regular postage to the owner's address as it appears on the last equalized assessment roll of the Alameda County Tax Assessor, or as otherwise may be known to the Building Official; or

b.

Personal delivery with acknowledged receipt; or

c.

Public notification, including but not limited to the following:

i.

Publication in a newspaper of general circulation; or

ii.

Conspicuous posting on or within the vicinity of the property.

2.

Nuisance Abatement Lien. The notice of a Nuisance Abatement Lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Whenever the record owner cannot be found after diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for not less than ten (10) calendar days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.

Failure to serve any person required by this Code to be served or failure of such person to receive such notification 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 this Code.

E.

Notice Content.

1.

Priority Lien. Such liens authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, identify the street address (where assigned by the City) and parcel number assigned by the Alameda County Tax Assessor of the property on which the assessment is imposed, and the name and address of the record owner of the property.

2.

Nuisance Abatement Lien. Such lien authorized by this Code shall specify the amount of the lien, identify the agency of the City on whose behalf the lien is imposed, the date of the abatement order, the street address (where assigned by the City), the legal description of the property and the parcel number assigned by the Alameda County Tax Assessor on which the lien is imposed, and the name and address of the record owner of the property

F.

Lien Release. In the event that a priority lien or a nuisance abatement lien is discharged or satisfied, either through payment in full or foreclosure, a notice of such action shall be filed with the Alameda County ClerkRecorder for recordation on the property title.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Buildings, structures, portions thereof, and real property within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and the Oakland Building Construction Code and the Oakland Planning Code, as currently adopted and amended.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

General. It shall be unlawful to occupy or otherwise use or let to another for occupancy or other use any building or structure or portion thereof for which a certificate of occupancy has not been issued where such certificate is required by the Oakland Building Construction Code, or in the case of vehicular residential facilities, a zoning permit authorizing such occupancy.

A certificate of occupancy shall limit the use and occupancy of a building or structure and shall continue as valid until such certificate is revoked or expires, or until such time as a change in the occupancy or use of the building or structure or a Substandard condition as defined in Article X of this Code shall occur, or until the building or structure is demolished.

A certificate of occupancy shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions or requirement of any laws or ordinances of the City of Oakland nor shall such issuance thereafter prevent requiring corrections of errors or of violations of any applicable law or ordinance of the City of Oakland.

B.

Issuance. The record owner of a property or the owner's designated agent may request the re-issuance of a certificate of occupancy. At the time of filing of such request, a fee shall be paid as established in the Master Fee Schedule. New permit(s) may be required to address deteriorated conditions, expired permitted and/or undocumented construction prior to re-issuance of a certificate of occupancy.

The re-issuance of a certificate of occupancy or the renewal of a revoked or expired certificate of occupancy shall be approved by the Building Official only after all of the following have been completed:

1.

Application by the record owner of the property or the owner's designated agent for a report of permit record; and

2.

Application by the record owner of the property or the owner's designated agent for a certificate of occupancy; and

Application for and issuance of all approvals, valid house numbers and street names, and permits required by the Oakland Building Construction Code and the Oakland Planning Code and Oakland Municipal Code; and

4.

Execution by the record owner of the property or the owner's designated agent and a prospective purchaser of the property of a conditions of compliance agreement, as applicable; and

5.

Approval of permit final inspections; and

6.

Approval of certificate of occupancy final inspections; and

7.

Payment of all associated fees, assessments, securities and deposits, penalties, and accrued interest.

A temporary certificate of occupancy may be issued for re-occupation or re-use of a building, structure, portion thereof, or real property prior to the completion of the rehabilitation of the building or structure or repair of the real property if the Building Official finds that no substantial hazard will result from the reoccupation or re-use, but such temporary certificate shall expire at the conclusion of the time limitation set forth therein and thereafter shall be no longer valid.

C.

Revocation. An existing or temporary certificate of occupancy, or zoning permit authorizing occupancy of a vehicular residential facility, may be revoked for one (1) or more of the following causes and thereafter no longer be valid:

1.

Any occupancy or use not specifically authorized by or any violation of or failure to comply with a condition of the issuance of an existing or temporary the certificate of occupancy; or

2.

Continued existence of substandard and public nuisance conditions as defined in Article X of this Code; or

3.

Discovery of any false statement or misrepresentation made by the applicant; or

4.

Any condition which jeopardizes the health or safety of the occupants or the public.

Any building or structure for which a certificate of occupancy or temporary certificate of occupancy has expired or has been revoked may be ordered vacated in accordance with Article XI of this Code.

(Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.160 - Report of permit record.

The record owner of a property or the owner's designated agent may request a determination, insofar as ascertainable from available City building and planning permit records, for an existing building or structure of its approved occupancy or use, the number of approved dwelling units, the number and designations of approved habitable rooms or spaces, and the valid house number or numbers and street name. At the time of filing of such request, a fee shall be paid as established in the Master Fee Schedule.

Additional relevant information may also be requested pertaining to the date and type of original construction; previously approved occupancy or use; the number of approved parking spaces and accessory buildings on the lot or parcel; previous permit applications and associated approvals, variances, and final inspections; previous Certificates of Occupancy; and retained plot plans, construction plans, and engineering and inspection reports.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article IV. - Definitions

15.08.170 - Definitions (HSC Section 17910, et seq.).

For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified either in this Section or as specified in the Oakland Building Construction Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 2016, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular.

ACCESSORY BUILDING is a detached subordinate building, the use of which is customarily incidental to that of the main building or the main use of the land and which is located on the same lot or parcel with the main building of use.

APARTMENT HOUSE is a residential building or portion thereof which contains three (3) or more dwelling units and, for the purposes of this Code, includes residential condominiums and joint live work quarters and as defined in the Oakland Building Construction Code.

BEDROOM is a sleeping room having a minimum two (2) feet four (4) inches wide by six (6) feet eight (8) inches high door opening communicating directly with other internal areas of a dwelling unit and containing a separate permanent closet with a minimum 24 inches by 24 inches interior clear space.

BUILDING OFFICIAL is the Official in charge of the Building Department of the City of Oakland, or the Building Official's designee, and their successor in title.

COMMUNITY KITCHEN is a kitchen in a hotel or lodging house used individually or collectively by the occupants, but not used commercially to serve a dining room or the public.

CONGREGATE RESIDENCE is any residential building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this Code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, motels, or lodging houses.

COURT is a space, open and unobstructed to the sky, located at or above finished grade on a lot and bounded on three (3) or more sides by walls of a building.

DAMPNESS means the presence of unwanted moisture in the structure of a building, either the result of intrusion from outside or below ground or condensation from within the structure.

DWELLING is a residential building or portion thereof which contains not more than two (2) dwelling units.

DWELLING UNIT is a single unit providing complete, independent living facilities for one (1) or more

persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation or a vehicular residential facility as defined herein. For purposes of accessible units under Cal. Code of Regulations Title 24 Chapter 11A, a dwelling unit is a single unit of residence for a family of one (1) or more persons, and includes condominiums, apartments, and other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intend for occupancy as residences for homeless persons.

EFFICIENCY DWELLING UNIT is a dwelling unit containing only one (1) habitable room other than a kitchen and meeting the requirements of Section 15.08.210.B, Exception 1, of this Code.

FIRE CHIEF is the Chief of the Fire Services Agency of the City of Oakland, or the Fire Chief's designee, and their successor in title.

GUEST ROOM is a room or rooms used or intended to be by used for sleeping purposes by a person hiring or occupying the room or rooms. Every one hundred (100) square feet of superficial floor area in a dormitory shall be considered to be a guest room.

HABITABLE SPACE (ROOM) is space in a residential building or structure intended or used for living, sleeping, eating, or cooking. Bathrooms, water closet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

HEALTH OFFICER is head of the Department of Environmental Health of Alameda County, or their designee.

HEARING OFFICER is a person who is qualified by training and experience to conduct administrative hearings of appeals in accordance with Article IX of this Code.

HOT WATER is potable water supplied to plumbing fixtures at a temperature of not less than 110° F.

HOTEL (MOTEL) is a residential building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

HOUSEKEEPING ROOM is a dwelling unit containing only one habitable room and meeting the requirements of Section 15.08.210.B, Exception 2, of this Code.

LEAD BASED PAINT is any paint or other surface coating that contains lead in excess of (1.0) milligrams per square centimeter, as measured by x-ray fluorescence (XRF). or 0.5 percent (5.000 parts per million (ppml) by weight as measured by approved laboratory analytical methods, or that level as determined in the most recent standards as established by the U.S. Environmental Protection Agency.

LODGING HOUSE is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor, or otherwise.

LOT is a subdivided piece or parcel of land fronting on a public street or a private access easement and described by reference to a recorded plat or by metes and bounds.

MECHANICAL CODE is the Oakland Building Construction Code, as currently adopted and amended.

MOLD means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum, often found in water-damaged building materials.

NUISANCE is one or more of the following:

1.

A public nuisance known at common law or in equity jurisprudence;

2.

An attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot, including but not limited to, an abandoned well, shaft, basement, pool or pond, or excavation; an abandoned refrigerator or motor vehicle; a structurally unsound fence or structure; lumber, trash, fence, debris, or vegetation; or narcotics or other controlled substances and related paraphernalia that may prove a hazard for inquisitive minors;

3.

Whatever is unsafe to life and limb, as determined by the Building Official or the Fire Chief, or detrimental to public health or the health of the occupants, as determined by the Health Officer;

4.

Overcrowding a room with occupants;

Insufficient ventilation or illumination;

6.

Inadequate or unsanitary sewage disposal system or plumbing facilities;

7.

Uncleanliness, as determined by the Health Officer;

8.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

OCCUPANT is any person using any building or structure or portion thereof as habitable space, with or without the knowledge or consent of the property owner.

OPEN STORAGE is storage on private property other than in a completely enclosed building. Materials shall be deemed to be held in Open Storage even though screened from public view, or view of residents of adjacent property, by a fence or other such partition.

OPERATOR is any person who has charge, care, or control of a building, or part thereof, in which dwelling units or guest rooms are let.

OWNER(S) is any person(s), entity, entities, parties, that have an ownership stake in a parcel of land whether it be improved or vacant within the City of Oakland as per the last equalized assessment roll or otherwise known to be the owner of land.

PLUMBING CODE is the Oakland Building Construction Code as currently adopted and amended.

PUBLIC CORRIDOR (HALLWAY) is an enclosed, continuous and unobstructed means of egress to a public way that includes an intervening hallway, passageway, vestibule, stairway, landing, or platform within a building, but not within any apartment, guest room, or suite of rooms.

RECYCLABLES are materials, goods, vehicles, machinery, appliances, products or articles, either new or used, with or without monetary value, which are suitable for re-use.

RESIDENTIAL BUILDING is a building or structure, or portion thereof, which is used or designed or intended to be used for human habitation including living, sleeping, cooking or eating or any combination thereof.

ROOM is an unsubdivided and enclosed portion of the interior of a building but not including an enclosed show window.

RUBBISH is combustible and noncombustible waste material, other than garbage (solid organic waste), including, but not limited to, paper stock, rags, cartons, boxes, wood, excelsior, rubber, leather, vegetation trimmings and cuttings, cans, metal, mineral matter, glass, crockery, dust, and the residue from burning wood, coal, or coke.

SLEEPING ROOM is a habitable room in a residential building which does not contain a water heater, water closet, bidet, bathtub, shower receptor, clothes washer or dryer, or food cooking appliance; and does not open directly into a garage or carport; and otherwise meets minimum standards of health and safety for sleeping as determined by the Building Official.

VEHICULAR RESIDENTIAL FACILITY is a recreational vehicle as defined in Health and Safety Code Section 18010 which has been authorized for residential occupancy pursuant to the Oakland Planning Code, or a recreational vehicle that has not been authorized for residential occupancy but is rented or offered for rent for living or dwelling purposes.

VENT SHAFT is a court which is used to ventilate a water closet, bath, shower receptor, utility room or other service room.

WINDOW is a glazed exterior opening, including a glazed door, which opens onto a yard, court, or a vent shaft.

YARD is an open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.180 - Oakland Building Construction Code definitions.

Wherever terms, phrases, words, and their derivatives in this Code are not defined herein but are defined in the Oakland Building Construction Code, such definitions in the Oakland Building Construction Code shall control.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article V. - Habitable Space

15.08.190 - Scope.

This Article shall apply to all residential buildings and structures and to non-residential buildings and structures as specifically indicated.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.200 - Yards and courts.

A.

Location on Property (HSC 17910 et seq.). Residential buildings and structures shall be located with respect to property lines and to other buildings on the same property as required by the Oakland Building Construction Code and as permitted by applicable codes at the time of construction.

B.

Yards. Every yard having required residential window openings therein shall be not less than 3 feet in width for one- and two-story buildings. For residential buildings and structures more than two stories in height, the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. Where yards completely surround the building, the required width may be reduced by 1 foot. For residential buildings and structures exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.

C.

Courts. Every court having required residential window openings therein shall be not less than 3 feet in width. Courts having windows opening on opposite sides shall be not less than 6 feet in width.

Courts bounded on three or more sides by the walls of the building shall be not less than 10 feet in length unless bounded on one end by a public way or yard. For residential buildings and structures more than two stories in height, the court shall be increased 1 foot in width and 2 feet in length for each additional story. For residential buildings and structures exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

Adequate access shall be provided to the bottom of all such courts for cleaning purposes. Every court

more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.210 - Room dimensions.

A.

Ceiling Heights. Habitable space in residential buildings and structures shall have a ceiling height of not less than seven (7) feet six (6) inches except as otherwise permitted in this Section. Kitchens, halls, bathrooms, and toilet compartments may have a ceiling height of not less than seven (7) feet measured to the lowest projection from the ceiling, unless otherwise permitted in this Section. Where exposed beam ceiling members are spaced at less than forty-eight (48) inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight (48) inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than seven (7) feet above the floor.

In residential buildings within the scope of the California Residential Code, section 1.1.3, which include one- and two-family dwellings, efficiency dwelling units, and townhouses not more than three (3) stories above grade plane in height with a separate means of egress and structures accessory (with certain exceptions outlined in California Residential Code Section 1.1.3), the ceiling height shall be not less than seven (7) feet for habitable spaces and not less than six (6) feet eight (8) inches for bathrooms, toilet rooms, and laundry rooms.

If any such room has a sloping ceiling, the prescribed ceiling height of the room is required in only one-half (½)the area thereof. No portion of the room measuring less than five (5) feet from the finished floor to the

finished ceiling shall be included in any computation of the minimum area thereof.

If any such room has a furred ceiling, the prescribed ceiling height is required in two-thirds (⅔) the area thereof, but in no case shall the height of the furred ceiling be less than seven (7) feet or in the case of bathrooms, toilet rooms, and laundry rooms in buildings within the scope of California Residential Code Section 1.1.1, less than six (6) feet eight (8) inches.

B.

Floor Area. Dwelling units and congregate residences shall have at least one habitable room that shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.

Exception:

1.

Efficiency Dwelling Unit meeting the following requirements:

a.

The unit shall have a combined living, eating, and sleeping room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.

b.

The unit shall be provided with a separate closet.

c.

The unit shall be provided with an approved kitchen sink, non-portable cooking appliance and refrigeration appliance in close proximity to each other, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided.

d.

The unit shall be provided with an approved cabinet adjacent to the kitchen sink for storing food, crockery, cutlery, and cooking utensils.

e.

The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower receptor.

2.

Housekeeping Room meeting the following requirements:

a.

The unit shall have a combined living, eating, and sleeping room of not less than 150 square feet of superficial floor area. The unit shall be occupied by not more than one person.

b.

The room shall be provided with an approved kitchen sink, non-portable cooking appliance and refrigeration appliance in close proximity to each other and having a clear working space of not less than 30 inches in front and used solely by the occupant of the room for preparation of the occupant's food. Light and ventilation conforming to this Code shall be provided.

c.

The room shall be provided with an approved cabinet adjacent to the kitchen sink for storing food, crockery, cutlery, and cooking utensils.

d.

Where a separate bathroom containing a water closet, lavatory, and bathtub or shower receptor is not provided within the unit, the residential building shall have at least one water closet and lavatory and at least one bathtub or shower receptor in separate compartments on a public corridor for each four or fraction part thereof Housekeeping Rooms on a floor.

C.

Width. No habitable room other than a kitchen shall be less than 7 feet in any horizontal dimension.

Each water closet stool shall be located in a clear space not less than 30 inches in width and a clear space in front of the water closet stool of not less than 24 inches shall be provided.

D.

This Section shall not apply to vehicular residential facilities authorized for residential occupancy pursuant to the Oakland Planning Code.

(Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13534, § 4(Exh. A), 5-21-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.220 - Light and ventilation (HSC Section 17910 et seq.).

A.

General. For the purposes of determining the light or ventilation required by this Section, any habitable room may be considered as a portion of an adjoining habitable room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater.

Exterior opening for natural light or ventilation required by this Section shall open directly onto a public right-of-way or a yard or court located on the same lot as the residential building or structure.

Exception:

Required windows may open into a roofed porch where the porch:

a.

Abuts a public way, yard or court; and

b.

Has a ceiling height of not less than 7 feet; and

c.

Has a longer side at least 65 percent open and unobstructed.

2.

Skylights.

B.

Light. Habitable rooms shall be provided with natural light as required by the Oakland Building Construction Code.

C.

Ventilation. Habitable rooms shall be provided with natural ventilation as required by the Oakland Building Construction Code.

In lieu of required openable exterior openings for natural ventilation, a mechanical ventilating system as required by the Oakland Building Construction Code may be provided laundry rooms, bathrooms and water closet compartments, and in public corridors.

D.

Corridors. All public corridors, stairs, and other exit ways shall be adequately lighted at all times in accordance with the Oakland Building Construction Code.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

Dwelling Units, Lodging Houses, and Congregate Residences. Dwelling units, lodging houses, and congregate residences shall be provided with a bathroom equipped with plumbing fixtures consisting of a water closet, lavatory and either a bathtub or a shower receptor.

Exception: Vehicular residential facilities authorized for residential occupancy pursuant to the Oakland Planning Code need not contain a bathroom in-unit if the occupants are provided adequate on-site water

closet, lavatory, and shower facilities meeting the requirements of Oakland Planning Code Section 17.103.085.

B.

Hotels and Motels. Hotels and motels or subdivisions thereof where both genders are accommodated shall contain at least two separate toilet facilities that are conspicuously identified for male or female use, each of which contains at least one water closet.

Exception: Guest rooms may have one unidentified toilet facility.

Additional water closets shall be provided on each floor for each gender at the rate of one for every additional 10 guests, or fractional part thereof, in excess of 10.

C.

Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with an approved kitchen sink, cooking appliance, refrigeration appliance and cabinet for storing food, crockery, cutlery, and cooking utensils. Wooden sinks or sinks of similarly absorbent material shall not be permitted. Drain boards shall be maintained waterproofed.

Exception: Vehicular residential facilities authorized for residential occupancy pursuant to the Oakland Planning Code need not contain a kitchen in-unit if the occupants are provided on-site kitchen facilities meeting the requirements of Oakland Planning Code Section 17.103.085.

D.

Plumbing Fixtures. All plumbing fixtures shall be approved and connected to an approved sanitary sewer. All plumbing fixtures shall be connected to an approved system of potable water supply and provided with hot and cold running water necessary for its normal operation.

E.

Water Closet Compartments. Walls and floors of water closet compartments, except in dwellings, shall be finished in accordance with the Oakland Building Construction Code.

F.

Room Separations. Every water closet, bathtub or shower receptor required by this Code shall be installed in a room that will afford privacy to the occupant.

G.

Sanitary Facilities. All sanitary facilities, including but not limited to plumbing fixtures, sanitary sewer, and garbage receptacles, shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Oakland Building Construction Code and Oakland Municipal Code.

H.

Basements. Window wells for habitable space in basements of residential buildings or structures shall conform to the requirements of the Oakland Building Construction Code.

I.

Subdivision of Rooms. No portion of any room in a dwelling, dwelling unit, efficiency dwelling unit, housekeeping room, apartment house, lodging house, congregate residence, hotel, or motel shall be enclosed or subdivided, wholly or in part by a curtain, portiere, fixed or movable partition or other contrivance or device so as to reduce the minimum floor area and width required by this Code.

J.

Guest Room Cooking. Food shall not be cooked or otherwise prepared in a guest room except in a kitchen. Exception: Microwave oven used solely to heat pre-prepared food.

K.

Prohibited Use. No person shall use or occupy or allow another person to use or occupy any residential or non-residential building or structure or portion thereof for living, sleeping, cooking, or eating purposes unless such space or room or rooms conform with the requirements of this Code for habitable space and of the Oakland Planning Code.

L.

Lot Drainage. All portions of a lot surrounding a residential or non-residential building or structure, including but not limited to yards, courts, driveways, areaways, parking areas, vent shafts, and passageways, shall be graded and drained to an approved facility to preclude the ponding or retention of surface water.

Exception: Group R, Division 3 occupancy.

Surface water and its collection system shall not be drained or connected to a sanitary sewer system.

M.

Lot Surfacing. Whenever necessary for proper sanitation or for the protection of the health of the occupants, portion or portions of a lot surrounding a residential building or structure, including but not limited to yards, courts, driveways, areaways, parking areas, vent shafts, and passageways, shall be surfaced with an approved hardened material such as Portland cement concrete or asphalt concrete.

N.

Room Finishes. Walls and ceilings of habitable rooms in residential buildings or structures shall be finished, sealed, coated, or covered in an approved manner. Approved materials shall be applied as required to maintain surfaces clean and sanitary. Exterior walls or portions thereof and floors of habitable rooms below surrounding finished grade level shall be maintained waterproof. Walls of courts and vent shafts shall be painted and maintained light-colored.

O.

Garbage Receptacles. Approved solid waste (garbage) receptacles and adequate collection service for residential and non-residential buildings and structures shall be provided as required by Chapter 8.28 (Solid Waste Collection and Disposal and Recycling) of the Oakland Municipal Code.

Garbage receptacles and garbage chutes, shafts, covers, and doors shall be maintained clean and tightly closed. Garbage receptacles shall be stored in an approved location.

Garbage chutes and shafts and walls of closets, compartments, and rooms used for storing garbage receptacles in residential and non-residential buildings or structure shall be concrete, concrete block, or lined with galvanized metal.

P.

Vector Control.

1.

General. Every room, corridor, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, carpet, rug, matting, widow curtain or shade or drapery, water closet compartment, toilet room, bathroom, slop sink room, crawl space, washroom, plumbing fixture, drain, roof, closet, cellar, basement, yard, court, and the premises of every residential and non-residential building or structure shall be kept in every part clean, sanitary, and free from all accumulation debris, filth, rubbish, garbage and other offensive matter, insects, rodents and other vector.

Neither any article that is dangerous or detrimental to life and limb or to the health of occupants; nor any feed, hay, straw, excelsior, cotton, paper stock, rags, junk, or any other material that may create a fire hazard or provide harborage for rodents or other vector, shall be kept, stored, or handled in any part of a dwelling, dwelling unit, lodging house, apartment house, congregate residence, hotel, or motel, or of the lot on which such building is located, except upon written permit obtained from the officer or agency authorized by law to issue such permit.

2.

Openings and Penetrations. Residential and non-residential buildings or structures used for the following activities or occupancies shall be constructed and maintained impervious to the ingress of insects, rodents, and other vector:

a.

Group I and Group R, Division 1, and Group R, Division 3 occupancies;

b.

Storing, processing, packaging, or milling of food, meats, fats, oils, dairy products, hay, straw, grain, or feed;

c.

Raising or housing chickens, birds, poultry, horses, cows, sheep, goats, swine, or other fowl, animals, livestock, or domestic pets.

Foundations and foundation walls shall extend for the full perimeter of building or structure and shall be constructed of concrete or masonry.

Exception: Type V construction with a floor area not greater than 120 square feet, provided that the floor joists of such a building or structure have not less than 18 inches clearance above the ground and that the exterior perimeter of the underfloor area is fully open on three or more sides and that the underfloor area is maintained clear and free of storage and of debris, vegetation, and other materials.

Foundation wall openings for underfloor access and ventilation shall conform with the requirements of the Oakland Building Construction Code.

Chimneys, piping, ducting, and other penetrations of the basement and first floor shall have metal shields which tightly encircle the penetration and underlay the flooring.

Stores and warehouses shall have concrete floors. Interior surfaces of exterior walls of stores shall be covered with gypsum wallboard or plaster.

Q.

Operator. The owner or manager, custodian, housekeeper, or homeowners' association representative or other responsible person shall reside or maintain continuous (24-hour) attendance upon the premises and shall have charge of every hotel or motel with 12 or more guest rooms or apartment house, Joint Live Work Quarters, Conversion Residence Quarters, or residential condominium with sixteen or more dwelling units. A notice displaying the name, address, and telephone number of the owner or the owner's designated agent shall be prominently posted in a conspicuous place on the premises of every apartment house having more than three but less than sixteen dwelling units and every hotel and motel having more than three but less than twelve guest rooms and iii every lodging house having more than three guest rooms.

R.

All structures shall be maintained free of visible mold due to moisture intrusion from rising of moisture from the ground, action of rain, exposed tops of walls, condensation, defective roof covering, inadequate slopes of roofs, or other construction defects.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Windows, exit doors, fire doors, penthouse doors, and roof scuttles in residential and non-residential buildings and structures shall conform with the requirements of the Oakland Building Construction Code for locking devices, exiting and emergency escape, and security bars and grills and shall be maintained unobstructed and in proper repair and good working order.

Windows in residential buildings and structures which are within 6 feet vertically of finished grade or are accessible from a one-story porch, roof or other fixed appurtenance shall be provided with approved

locking devices and maintained in proper repair and good working order.

(Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article VI. - Structural

A.

General. Building or structures may be of any type of construction permitted by the Oakland Building Construction Code. Roofs, floors, walls, foundations, and all other structural components of building and structures shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Oakland Building Construction Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Oakland Building Construction Code.

B.

Shelter. Every building or structure shall be weather protected to provide shelter for the occupants against the elements and to exclude dampness of habitable rooms due to building deficiencies (lack of moisture barrier on concrete slabs, leaking roofs, or other failing structural element).

C.

Protection of Materials. All wood shall be protected against insect damage and decay as provided in the Oakland Building Construction Code.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article VII. - Mechanical and Electrical

15.08.260 - Mechanical and electrical systems (HSC Section 17910 et seq.).

A.

Heating System. All habitable space shall be provided with heating facilities capable of maintaining a room temperature of 68° F at a point 3 feet above the floor. Such facilities shall be installed and maintained in a safe condition and in accordance with the Oakland Building Construction Code and all other applicable laws. Unvented heaters shall not be permitted. All heating devices or appliances shall be of an approved type.

When building heating facilities are not under direct control of the tenant or occupant, the property owner shall continually operate such facilities to maintain a room temperature of 68° F at a point 3 feet above the floor 24 hours-a-day in all habitable space.

B.

Ventilation System. Ventilation for habitable rooms, water closet compartments, bathrooms, laundry rooms, and public corridors and similar areas and for fuel-burning appliances shall be provided as required in the Oakland Building Construction Code and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 15.08.220 of this Code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof.

C.

Electrical System. All electrical equipment, wiring, appliances, and fixtures shall be installed and maintained in a safe manner in accordance with the Oakland Building Construction Code and other all applicable laws. All electrical equipment, wiring, and fixtures shall be of an approved type. Where there is electrical power available within 300 feet of any residential building or structure, such building or structure shall be connected to such electrical power.

d fixtures shall be installed and maintained in a safe manner in accordance with the Oakland Building Construction Code and other all applicable laws. All electrical equipment, wiring, and fixtures shall be of an approved type. Where there is electrical power available within 300 feet of any residential building or structure, such building or structure shall be connected to such electrical power.

Every habitable room shall contain at least two electrical convenience receptacles or one convenience receptacle and one switched electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public corridor shall contain at least one switched electric light fixture. Switching devices controlling electrical equipment, appliances, and fixtures shall be of an approved type and shall not be readily accessible to a bathtub or shower receptor

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article VIII. - Exiting

Rooms shall have access directly to the outside or to a public corridor. All residential and non-residential buildings and structures or portions thereof shall be provided with exits, exitways, and appurtenances as required by the Oakland Building Construction Code.

Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Fire assemblies which customarily or repeatedly are maintained in an open position shall have automatic closing devices installed and properly maintained in working order.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

All Group R, Division 1 and Division 2 occupancies shall have no transoms, windows or similar fenestration from dwelling units or guest rooms opening onto a public corridor. All such existing openings shall be fixed

in a closed position and covered with a minimum of 0.75 inch thick plywood or 0.5 inch thick gypsum wallboard or equivalent material.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

A.

No closet or other storage compartment shall be constructed under any interior or exterior stair or landing in a Group R, Division 1 or Division 2 occupancy. Such space shall be entirely open and maintained free of all storage, utility meters, heating facilities, and similar encumbrances, unless such space is enclosed as required by the Oakland Building Construction Code for a stairway enclosure without doors or other openings communicating with interior spaces.

B.

Stairs, guardrails, and handrails shall be as per Oakland Building Code, except as permitted by the Oakland Existing Building Code.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Article IX. - Fire Protection

All residential and non-residential buildings or structures or portions thereof shall be provided with the degree of fire-resistive construction as required by the Oakland Building Construction Code of the appropriate occupancy, type of construction, and location on the property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by the Oakland Fire Code and the Oakland Building Construction Code.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)

15.08.320 - Smoke alarms and carbon monoxide alarms.

Where installed in residential buildings or structures, approved devices used to detect the products and components of combustion (smoke alarms) and carbon monoxide (CO detectors) shall have captive screws or other approved method to preclude unauthorized tampering or removal of the device and shall be maintained in proper working order.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)

Editor's note— Ord. No. 13719, § 4, adopted December 20, 2022, amended the title of § 15.08.320 to read as herein set out. The former § 15.08.320 title pertained to smoke alarms.

Article X. - Substandard and Public Nuisance Buildings

Any residential or non-residential building or structure or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a public nuisance:

A.

Inadequate sanitation shall include, but not be limited to, the following:

(1)

Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

(2)

Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

(3)

Lack of, or improper kitchen sink in a dwelling unit.

(4)

Lack of hot and cold running water to plumbing fixtures in a hotel.

(5)

Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(6)

Lack of adequate heating.

(7)

Lack of, or improper operation of, required ventilating equipment.

(8)

Lack of minimum amounts of natural light and ventilation required by this Code.

(9)

Room and space dimensions less than required by this Code.

(10)

Lack of required electrical lighting.

(11)

Dampness of habitable rooms due to building deficiencies (such as lack of moisture barrier on concrete slab).

(12)

Infestation of insects, vermin, or rodents as determined by a Health Officer.

(13)

Visible mold growth, as determined by a Health Officer or a Code Enforcement Officer.

(14)

General dilapidation or improper maintenance.

(15)

Lack of connection to required sewage disposal system.

(16)

Lack of adequate garbage and rubbish storage and removal facilities, as determined by a Health Officer or Code Enforcement Officer.

(17)

Contamination and or hazardous condition caused by lead based paint, asbestos, or a biological, chemical, or toxic substance as identified by the U.S. Environmental Protection Agency or the State of California Department of Toxic Substances Control.

(18)

Lack of smoke detector and carbon monoxide alarms.

B.

Structural hazards shall include, but not be limited to, the following:

(1)

Deteriorated or inadequate foundations.

(2)

Defective or deteriorated sub-floor, concrete slab, or floor joists.

(3)

Floor joists of insufficient size to carry imposed loads with safety.

(4)

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(5)

Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

(6)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

(7)

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(8)

Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

(9)

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(10)

Members of stairs, guard rails, handrails that are split, leaning, buckling, of insufficient size to carry imposed loads with safety, or are deteriorated due to defective materials or deterioration;

(11)

Members of exterior elevated elements that are of insufficient size to carry imposed loads with safety, are split, leaning, buckling, detaching from building due to defective materials or deterioration.

C.

Any nuisance, as defined in Section 15.08.170;

D.

Hazardous Electrical Wiring and Equipment. Electrical wiring and equipment which was installed in violation of code requirements in effect at the time of installation or electrical wiring and equipment not installed in accordance with generally accepted construction practices in area where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner, shall be considered substandard and a public nuisance;

E.

Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation; or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect; or which has not been maintained in good condition; or which is not free of cross-connections or siphonage between fixtures, shall be considered substandard and a public nuisance.

F.

Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard and a public nuisance.

G.

Faulty weather protection, which shall include, but not be limited to, the following:

(1)

Deteriorated, crumbling, or loose plaster.

(2)

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations. or floors, including broken windows or doors.

(3)

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(4)

Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

H.

Any building or structure or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the Fire Chief, 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.

I.

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 Construction Code, and which have been adequately maintained in good and safe condition, shall cause a residential or nonresidential building or structure to be substandard and a public nuisance.

J.

Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.

K.

Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.

L.

All buildings or structures or portions thereof not provided with adequate exit facilities as required by this Code and state law, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

M.

All buildings or structures or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by state law, except those buildings or portions thereof that 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.

N.

All buildings or structures or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.

O.

Inadequate structural resistance to horizontal forces.

P.

Geotechnical Instability. In-situ geology or changes or improvements to the in-situ topography which causes subsidence or a landslide and which becomes a hazard to adjacent properties or the public rightof-way or public easement.

(Ord. No. 13719, § 4, 12-20-2022; Ord. No. 13666, § 5(Exh. C), 11-16-2021; Ord. No. 13575, § 5(Exh. A), 12-10-2019; Ord. No. 13407, § 4(Exh. A), 12-13-2016)