Article V — Habitable Space

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)

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)

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:

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.

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)

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.

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.

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.

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)