§ 15.64

A.

The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling any security devices installed on bedroom windows and doors and by ensuring bedrooms have at least one openable window or exterior door for emergency escape and rescue and to ensure that smoke detectors are installed within the building or unit where bedroom windows have security bars installed.

B.

The regulations of this Chapter are not intended to permit any violation of the provisions of any other lawful city ordinance, or state or federal law.

C.

The effective date of this Chapter will be July 1, 1997.

D.

Existing bedroom window security bar installations for residential buildings located within the city which were installed prior to the effective date of this Chapter shall be brought into compliance within thirty (30) days of notification from the city but no later than July 1, 1998. An extension of ninety (90) days beyond the above compliance date may be granted for good cause by the Fire Marshal or the Building Official if a written request for an extension is received at least five working days prior to the above compliance date.

(Ord. 11989 § 1 (part), 1997)

15.64.020 - Definitions.

For the purposes of this Chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this Section. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine.

"Bedroom" is defined solely for the purposes of this Chapter as a habitable room which is used for sleeping purposes or which contains a closet and is not otherwise prohibited to be used for sleeping.

"Building Official" is the Chief of Building Services of the Community Economic Development Agency and his/her successor in title, or his/her designated representative.

"Certificate of occupancy" is pursuant to the Oakland Amendments to the California Model Building Codes.

"Escape and rescue window" is pursuant to the Oakland Amendments to the California Model Building Codes.

"Existing building" is a building that has received a certificate of occupancy or is a building that was constructed prior to the time a certificate of occupancy was required. If a building has received a final inspection and a temporary certificate of occupancy pending conditions to be completed that will not require another field inspection by inspectional services, it shall be considered an existing building for the purposes of this code.

"Fire Marshal" is the Fire Marshal of the Fire Prevention Bureau of the Fire Services Agency and his/her successor in title, or his/her designated representative.

"New building" is a building that has not received a final inspection, has not had a certificate of occupancy issued, and is not otherwise classified as an existing building.

"Reinspection" is an inspection that is made to inspect work that was found on a previous inspection to be incomplete or in need of correction.

"Security bars and grills" are metal bars, grills, grates, security roll-down shutters, and similar devices.

Temporary Certificate of Occupancy. See "Certificate of occupancy."

(Ord. 11989 § 1 (part), 1997)

15.64.030 - Authority.

The Fire Marshal and the Building Official are authorized to enforce all the provisions of this Chapter.

(Ord. 11989 § 1 (part), 1997)

15.64.040 - Right of entry.

Whenever necessary to make an inspection for the purpose of enforcing any provisions of this Chapter, or whenever the Fire Marshal, Building Official, or their authorized representative has reasonable cause to believe that there exists a violation of the provisions of this Chapter, the Fire Marshal, Building Official, or their authorized representative may enter the premises in question at all reasonable times to inspect the building or to perform any duty imposed upon the Fire Marshal and Building Official by this Chapter; provided that if such building or premises wherein exists a violation of the provisions of this Chapter is occupied, he or she shall first present proper credentials and demand entry. If such entry is refused, the Fire Marshal, Building Official, or their authorized representative shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Fire Marshal, Building Official, or their authorized representative for the purpose of inspection and examination pursuant to this Chapter.

(Ord. 11989 § 1 (part), 1997)

Any violation of this Chapter may be prosecuted as a misdemeanor, or in the alternative, and at the discretion of the Fire Marshal or the Building Official, may be charged as an administrative citation, a civil penalty, or an infraction, and the use of the property may be encumbered, as authorized by the Oakland Municipal Code, Chapters 1.08, 1.12 and 1.16. Enforcement action specifically authorized by this Chapter may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to the regulation of buildings, structures, or property. In addition, the city may seek injunctive or other judicial relief.

(Ord. 11989 § 1 (part), 1997)

A.

Any condition of bedroom security bars and grills which is reasonably believed to be a threat to the life, limb, health or safety of the occupants of the property for emergency egress from a fire or to the public, upon reasonable notice provided the owner or responsible person, may be immediately abated by the Fire Marshal and/or the Building Official or their designees.

B.

Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists or any other abatement action determined by the Fire Marshal or Building Official to be necessary. In the event use of occupancy is restricted, the owner or his or her agent shall discontinue the use within the time prescribed by the Fire Marshal or Building Official after receipt of such notice to make the bedroom window security bars and/or building or unit smoke detectors comply with the requirements of this Chapter.

C.

If entry onto property and access to rooms or units constituting an imminently dangerous condition in violation of this Chapter is denied the Building Official and/or the Fire Marshal by the owner of the property or his or her agent, the Building Official and/or the Fire Marshal may seek a court order and/or inspection and abatement warrant from a court of competent jurisdiction to authorize the immediate abatement of the imminently dangerous conditions.

(Ord. 11989 § 1 (part), 1997)

Costs for any abatement performed by, or on behalf of, the city shall be recovered by the city from the responsible party pursuant to the special assessment lien provisions of the Oakland Housing Code.

Costs incurred in relocating occupants of the property with dangerous security bars and grills shall be recovered by the city pursuant to the provisions of Article III of Chapter 15.08, Oakland Housing Code, and the provisions of the city's Relocation Assistance Program (Ordinance No. 11552 C.M.S., passed February 23, 1997).

(Ord. 11989 § 1 (part), 1997)

Whenever any work is being done contrary to the provisions of this Chapter the Fire Marshal or Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Fire Marshal or Building Official to proceed with the work.

(Ord. 11989 § 1 (part), 1997)

The Building Official, with the concurrence of the Fire Marshal, may grant modifications for individual cases in accordance with the Oakland Amendments to the California State Model Building Codes.

Use of any material, alternate design or method of construction not specifically prescribed by this Chapter, may be allowed by the Building Official, with the concurrence of the Fire Marshal for individual cases in accordance with the Oakland Amendments to the California State Model Building Codes.

(Ord. 11989 § 1 (part), 1997)

15.64.100 - Permits required.

A.

Any existing building or unit with existing bedroom window security bars shall obtain a permit to verify compliance with this Chapter pursuant to Section 15.64.010.

B.

A new installation of security bars on bedroom windows of an existing building or unit shall obtain a permit prior to installation to verify compliance with this Chapter unless the security bar installation is verified to be in compliance with this Chapter as part of the work accomplished under a valid building or fire permit.

C.

Installation of security bars on bedroom windows of a new building or unit shall comply with this Chapter and verification of compliance shall be part of a valid building or fire permit.

(Ord. 11989 § 1 (part), 1997)

15.64.110 - Application for permit for existing installations.

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Fire Marshal or Building Official for that purpose. Every application shall:

A.

Provide the street address of each building and unit with bedroom windows that have existing security bars.

B.

Indicate whether the building and/or unit is rental property.

C.

Be accompanied by a plan, sketch, or diagram to indicate the bedroom windows that have security bars and, if the bedroom has more than one window, which window is configured for emergency escape and

rescue that provides egress to a public street or approved area. The location of existing or proposed smoke detectors to achieve compliance with this Chapter shall also be shown.

D.

Indicate the number of bedrooms in a unit.

E.

Provide the name, address, telephone number(s), and facsimile telephone number of the applicant.

F.

Be signed by the applicant, or the applicant's authorized agent.

G.

Include conditions of compliance for the abatement of violations of this Chapter and such other data and information as may be required by the Fire Marshal or Building Official.

(Ord. 11989 § 1 (part), 1997)

Unless the new bedroom security bar installation is a part of the work under a valid building or fire permit, to obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Fire Marshal or Building Official for that purpose. Every application shall:

A.

Provide the street address of each building and/or unit with bedroom windows that will have security bars installed.

B.

Other information in conformance with Section 15.64.110.

(Ord. 11989 § 1 (part), 1997)

15.64.130 - Application for permit for certificate of compliance.

Work performed pursuant to a permit required under this Chapter shall be inspected by a city code compliance inspector or a Fire Department inspector. In the alternative, upon approval by the Building Official and/or Fire Marshal, inspection may be conducted by a contractor who has demonstrated competency in releasable window security bar installation, or a non-contractor who holds a current certification issued by a recognized code development agency in building and/or combination building inspection and who provides documentation of a minimum of two years relevant experience inspecting such work for a public agency within the state of California, subject to the following:

A.

The contracting person or firm shall execute an agreement to indemnify, hold harmless and defend the city, its agents, officers, and employees from any claim, action or proceeding (including legal costs and attorney's fees) against the city, its agents, officers, and employees resulting from such authorization and inspection. The city shall promptly notify the applicant of any claim, action or proceeding. "Hold harmless" agreements shall be submitted and approved prior to obtaining authority to perform inspections under this Section.

B.

The authorized person or principal of the authorized firm which performed the inspection pursuant to this Section shall, by the second business day following completion of said inspection, submit to the Building Official the results of said inspection, including any required corrections and accompanying documentation. The results of any inspection are subject to the approval of the Fire Marshal or Building Official.

C.

The Fire Marshal or Building Official may, at any time, remove for cause any person or firm from the list of persons or firms authorized to conduct inspections pursuant to this Section.

(Ord. 11989 § 1 (part), 1997)

The application and other data filed by an applicant for a permit shall be reviewed by the Fire Marshal or Building Official. If the Fire Marshal or Building Official finds that the work described in an application for a permit and other data filed therewith conform to the requirements of this Chapter and other pertinent laws and ordinances, and that the fees specified in this Chapter or the master fee schedule have been paid, the Fire Marshal or Building Official shall issue a permit therefor to the applicant.

(Ord. 11989 § 1 (part), 1997)

The issuance or granting of a permit pursuant to this Chapter shall not be construed to be a permit for, or an approval of, a violation of any of the provisions of this code or any other codes, regulations, or statutes that apply to this jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Chapter or other codes or ordinances of this jurisdiction shall not be valid.

The issuance of a permit shall not prevent the Fire Marshal or Building Official from thereafter requiring the correction of errors in the work or data submitted or from preventing building operations being carried on thereunder.

(Ord. 11989 § 1 (part), 1997)

Every permit issued by the Fire Marshal or the Building Official under the provisions of this Chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within thirty (30) days from the date of such permit.

If at any time after work is commenced the work is suspended or abandoned for a period of thirty (30) days or more, then before work can be recommenced, a permit to renew work shall be first obtained, and the fee therefor shall be one half the amount required for a new permit for such work, provided no substantial changes have been made or will be made to the original plans for such work, and provided further that such suspension or abandonment has not exceeded sixty (60) days.

In order to renew action on a permit more than sixty (60) days after suspension or abandonment of work or if substantial changes are made to the original plans, the permittee must acquire a new permit and shall pay a new full permit fee.

(Ord. 11989 § 1 (part), 1997)

The Fire Marshal or Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Chapter, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Chapter.

(Ord. 11989 § 1 (part), 1997)

Permit fees for existing installations will be fifty-six dollars ($56.00) for the first unit with bedroom window security bars in a building under the same ownership and twenty dollars ($20.00) for each additional unit with bedroom window security bars. Also, if a unit with bedroom window security bars has more than three bedrooms with window security bars an additional twenty dollars ($20.00) per bedroom with security bars over three bedrooms will be required. The permit fee amount specified in this Section is subject to modification. Modifications to the permit fee amount shall be reflected in the master fee schedule.

(Ord. 11989 § 1 (part), 1997)

Unless the new bedroom security bar installation is included as a portion of other work under a valid building or fire permit, permit fees will be fifty-six dollars ($56.00) for the first unit with bedroom window security bars in a building under the same ownership and twenty dollars ($20.00) for each additional unit with bedroom window security bars. Also an additional twenty dollars ($20.00) per bedroom with security bars over three for units with more than three bedrooms with security bars. The permit fee amount is subject to modification. The permit fee amount specified in this Section is subject to modification. Modifications to the permit fee amount shall be reflected in the master fee schedule.

(Ord. 11989 § 1 (part), 1997)

Permit fees, which can be modified by the master fee schedule, for contractor certified installations (no city inspection) that are allowed pursuant to this Chapter will be twenty-five dollars ($25.00) for the first unit with bedroom window security bars within a building and ten dollars ($10.00) for additional unit with bedroom

window security bars within a building. The permit fee amount specified in this Section is subject to modification. Modifications to the permit fee amount shall be reflected in the master fee schedule.

(Ord. 11989 § 1 (part), 1997)

15.64.210 - Investigation—Work without a permit or not meeting compliance deadline for existing installations.

Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining said permit, a special investigation may be required before a permit is issued for such work.

Also, owners who fail to comply with the provisions of this Chapter within the time frame specified shall be subject to investigation fees.

(Ord. 11989 § 1 (part), 1997)

Investigation fees, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be two hundred dollars ($200.00) for administrative costs for each investigation and sixty-five dollars ($65.00) per work hour or fraction of an hour for field investigation inspection. The investigation fee amount specified in this Section is subject to modification. Modifications to the investigation fee amount shall be reflected in the master fee schedule. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(Ord. 11989 § 1 (part), 1997)

The Fire Marshal or Building Official may authorize refunding of any fee, or portion thereof, paid hereunder which was erroneously paid or collected.

The Fire Marshal or Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than ninety (90) days after the date of fee payment.

(Ord. 11989 § 1 (part), 1997)

All bedroom window security bar installations for which a permit is required shall be subject to inspection by the Fire Marshal or Building Official.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Chapter or of other codes, regulations, and ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

(Ord. 11989 § 1 (part), 1997)

Work under permit shall not be commenced nor shall work be inspected until the permit holder or an agent of the permit holder has posted or otherwise made available an inspection record card to allow the Fire Marshal or Building Official to conveniently make the required entries thereon regarding inspection of the work. This card shall be permanently maintained and made available by the permit holder until an installation approval certificate is issued pursuant to Section 15.64.270.

(Ord. 11989 § 1 (part), 1997)

Once the installation of bedroom window security bars with release mechanisms and the installation of required smoke detectors has been completed in the manner specified by this Chapter and related regulations promulgated by the Building Official and Fire Marshal, it shall be the duty of the permit applicant to request a field inspection and obtain full compliance with this Chapter prior to the expiration of the permit.

It shall be the duty of the person requesting any inspections required by this Chapter to provide access to and means for inspection of such work.

(Ord. 11989 § 1 (part), 1997)

When a field inspection is conducted and the work required by this Chapter is not complete, or when corrections called for are not made, the work shall be brought into compliance and a reinspection requested by the applicant.

Fees for reinspection required by this Chapter for work that was not completed or that did not meet minimum specified requirements shall be sixty-five dollars ($65.00) per work hour or fraction of an hour. The permit fee amount specified in this Section is subject to modification. Modifications to the permit fee amount shall be reflected in the master fee schedule.

(Ord. 11989 § 1 (part), 1997)

After the Fire Marshal or Building Official inspects the work called for in the permit application and finds no violation of the provisions of this Chapter an installation approval certificate shall be issued.

(Ord. 11989 § 1 (part), 1997)

15.64.290 - Maintenance of release mechanisms and smoke detectors.

Under no circumstances shall release mechanisms for window security bars, smoke detectors, and smoke detector batteries required pursuant to this Chapter be removed, rendered inoperable, be inoperative, or be made inaccessible by any person.

(Ord. 11989 § 1 (part), 1997)

The owner or authorized agent of rental residential shall inspect and test the release mechanisms and smoke detectors and replace smoke detector batteries for each rental unit with bedroom window security bars at least once each year and every time the rental unit is rented by a new tenant. The owner or authorized agent shall instruct the tenant on the use and maintenance of the release mechanisms, smoke detectors, and smoke detector batteries at the time of inspection and shall maintain a bedroom window security bar maintenance log for each rental unit to be made available to the Fire Marshal or Building Official upon request. The log shall indicate the following:

A.

The address of each unit within the building;

B.

The name, address, and telephone number(s) of the owner;

C.

The name and address of the current tenant(s) or any new tenant(s);

D.

The date the tenant(s) moved into the unit or space;

E.

The date instruction was provided to the tenant(s) in operation and maintenance of the security bar release mechanisms, smoke detectors, and smoke detector batteries;

F.

The date the owner inspected the bedroom window security bar installation and release mechanisms and the required smoke detectors and replaced smoke detector batteries;

G.

The signature of the tenant(s) on the maintenance log and date of inspection.

(Ord. 11989 § 1 (part), 1997)

The design and installation of release mechanisms and hinges for bedroom window security bars shall be:

A.

Of substantial construction;

B.

Corrosion resistant where potential for exposure or intrusion of weather exists;

C.

Releasable with one motion, and device must stay released upon being released by hand or foot;

D.

Located so that lock release is no more than forty-eight (48) inches above the finish floor of top of floor covering (compressed carpet, etc.);

E.

Installed so that security bars swing open in single motion to full open position;

F.

Designed so that the device cannot accommodate a padlock or other mechanism to prevent release of security bars in case of emergency;

G.

Access to the release mechanism shall be clear and unobstructed. No furniture or fixtures shall be placed or located in such a manner that will impede access and use of the release mechanism.

(Ord. 11989 § 1 (part), 1997)

Approved smoke detectors shall be installed and maintained in all units that have bedroom window security bars and in all common use corridors adjacent to units with bedroom window security bars. Within each unit, smoke detectors shall be located in each bedroom and hallway adjacent to a bedroom. Tenants are responsible for notifying the owner or the owner's agent in the event a smoke detector becomes inoperable. Owners and tenants shall be responsible for maintenance of smoke detector batteries.

(Ord. 11989 § 1 (part), 1997)

Upon the transfer of residential property with bedroom window security bars, the seller shall comply with disclosure requirements pursuant to state law as set forth in California Civil Code Section 1102.6.

(Ord. 11989 § 1 (part), 1997)

The Fire Marshal and Building Official shall establish administrative guidelines for the notification, implementation, standards, maintenance, and other policies related to bedroom window security bars. The guidelines shall have the same effect and force as if set forth in this Chapter.

(Ord. 11989 § 1 (part), 1997).

Chapter 15.68 - JOBS/HOUSING IMPACT FEE[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 13365, § 7, adopted May 3, 2016, changed the title of Chapter 15.68 from "Jobs/housing impact fees and affordable housing trust fund" to "Jobs/housing impact fees."