Article I — Scope

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)

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)

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.

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)

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)