Chapter 15.56 — HOUSEBOATS

The purpose of this Chapter is to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating the design, construction, quality of materials, use and occupancy, location and maintenance of all houseboats and houseboat moorages within the city limits.

(Prior code § 4-9.01)

The provisions of this Chapter shall apply to the construction, alteration, repair, demolition, removal, relocation or berthing of any houseboat within the city, and to the requirements for houseboat sites and houseboat moorages together with appurtenant structures and facilities as regulated herein.

(Prior code § 4-9.02)

Houseboats and houseboat moorages in existence prior to the effective date of the ordinance codified in this Chapter shall be examined by the Building Official and Health Officer and shall comply with the requirements for new houseboats, new houseboat sites and new houseboat moorages as provided in this Chapter, it being expressly found and determined that the public health and safety require and justify the retrospective application of all the provisions contained in this Chapter; provided, however, that the Building Official may grant an exception to strict compliance with specifications in the Building Code if he or she finds and determines a houseboat which is in existence prior to the effective date of the ordinance

codified in this Chapter does not, by reason of a violation of said Code, adversely affect the public health, safety and welfare, and that said houseboat otherwise complies with the requirements of this Chapter.

(Prior code § 4-9.03)

Moorage structures, floatable or otherwise, and occupied or intended to be occupied for purposes other than as a houseboat shall conform with the applicable requirements of this Chapter with respect to flotation, compartmentation, construction, plumbing, electrical and other utility systems, open spaces, fire protection, movement or relocation, certificate of moorage and to the requirements of all local and state ordinances, laws or regulations governing such uses or occupancies as are administered and enforced by the Health Officer, Building Official, Fire Chief, Superintendent of the Electrical Department and the Director of Public Works.

(Prior code § 4-9.04)

The following definitions apply to the words and phrases of this Chapter, unless the context clearly indicates otherwise:

"Berth" or "moor" means the fixing of a houseboat by anchoring or tying at an approved houseboat site.

"Building Official" means the officer, or his or her authorized deputy, charged with the administration and enforcement of the applicable codes administered by the Building and Housing Department of the city of Oakland.

"Chief of Fire Department" means the head of the Fire Department or his or her regularly authorized deputy.

"Garbage" means all discarded putrescible waste matter and all discardable rubbish, but not including sewage or human or animal excrement.

"Health Officer" means Health Officer of the county of Alameda, or his or her authorized representative, assigned to the city of Oakland.

"Houseboat" means any structure supported by means of flotation, designed to be used without a permanent foundation, used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which is occupied for living purposes with facilities for living, sleeping, cooking and eating. The term "houseboat" shall include "floating home," "ark," and any other boat or vessel which is used primarily for living rather than recreational purposes.

"Houseboat moorage" means a waterfront facility for the moorage of one or more houseboats, and the land and water premises on which such facility is located.

"Houseboat site" means a part of a houseboat moorage, located over water, and designed to accommodate one houseboat.

"Inadequate sanitation" means:

Lack of, or improper, water closet, lavatory, bathtub or shower;

Lack of, or improper, kitchen sink;

Insufficient and improper laundry facilities;

Lack of hot and cold running water;

Lack of adequate heating facilities;

Lack of, or improper operation of, required ventilation equipment;

Lack of required electrical lighting;

Lack of minimum amounts of natural light and ventilation as specified in this Chapter;

Room and space dimensions less than required by this Chapter;

Dampness of habitable rooms;

Infestation of insects, vermin, or rodents as determined by the Enforcement Agency;

Lack of approved water supply;

Lack of adequate garbage and rubbish storage and removal facilities;

General dilapidation or improper maintenance.

"Nuisance" means:

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

Whatever is dangerous to human life or is detrimental to health;

Overcrowding a room with occupants;

Insufficient ventilation or illumination;

Uncleanliness;

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

"Structural hazards" means:

Deteriorated or inadequate deck and flotation structure or hull;

Defective or deteriorated flooring or floor supports;

Flooring or floor supports of insufficient size to carry imposed loads with safety;

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

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

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

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

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

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

Sewage disposal tanks which are structurally unsound or that cause members of flotation structure and superstructure to split or deflect because of improper design or installation;

Houseboats which are unstable and thereby present an overturning hazard.

"Substandard houseboat" means any houseboat or portion thereof including the premises on which the same is located in which there exists any of the conditions listed in the definitions of "inadequate sanitation" or "structural hazards" to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed to be a substandard building.

"Superintendent of Electrical Department" means the person, or his or her authorized representative, charged with the administration and enforcement of the electrical codes and ordinances of the city of Oakland.

(Prior code § 4-9.05)

Except as otherwise provided herein every houseboat shall comply with the requirements for a dwelling structure contained in the current Oakland Building Code and related applicable codes. Nothing contained herein excepts one from complying with applicable state and federal laws.

(Prior code § 4-9.06)

No houseboat shall be used or occupied unless it conforms to the requirements of this Chapter, is moored at an approved moorage site, and the owner thereof has been issued the Certificate of Moorage hereinafter referred to by the Building Official. All owners of houseboats moored in the city on the effective date of the

ordinance codified in this Chapter shall apply for such certificate of moorage within thirty (30) days after said date. The owner of a houseboat shall also secure a certificate of moorage prior to moving any houseboat into the city, or moving a houseboat from one site to another within the city. No houseboat shall be used or occupied under any circumstances in lieu of regular living quarters for any person or persons.

(Prior code § 4-9.07)

The Building Official shall issue a certificate of moorage to the owner of a houseboat upon compliance with, and subject to the conditions of, the following:

A.

Applications. All applications for certificates of moorage shall be in writing on a form supplied by the Building Official and shall contain substantially the following information:

The name and address of the owner of the houseboat for which a certificate is sought;

The location of a moorage facility where the houseboat is moored or is proposed to be moored;

A description of the houseboat for which a certificate is sought. Description shall include floor plan, room sizes and ceiling heights;

Details of construction of flotation and superstructure;

Description and details of method of disposal of sewage by connection to an approved moorage sewage disposal system;

Description and details of connections to moorage utilities systems;

Number of persons occupying, or to occupy, the houseboat;

Such other information as may be required by the Building Official.

B.

Fees. Each application for a certificate of moorage shall be accompanied by a fee in an amount set by resolution of the City Council. The Building Official shall, from time to time, determine as accurately as reasonably possible the cost to the city of processing applications and issuing Certificates under this Section, and shall set said fee in the amount so determined. The fee herein authorized is not a tax nor a revenue measure.

C.

Issuance. If, after inspection and investigation it is found that a houseboat conforms with the requirements of this Chapter and is properly moored in a moorage conforming to the requirements hereof, a certificate of moorage shall be issued by the Building Official. The Building Official shall not issue a certificate of moorage unless prior approval has been obtained from the Health Officer, Fire Chief and Superintendent of Electrical Department, and Director of Public Works.

D.

Revocation. The Health Officer shall have the authority to board and to inspect any houseboat when he or she has reasonable cause to believe that said houseboat is being occupied in violation of the provisions of this Chapter, and shall have the right and the authority to revoke any Certificate of Moorage granted hereunder in the event he or she ascertains that any occupancy of the vessel is in violation of any of the provisions of this Chapter.

Any change in location or material change in the information or conditions shown on the application for a certificate of moorage shall void any certificate of moorage issued hereunder.

E.

Coordination. Such certificate shall be in addition to any and all state and federal registration requirements.

(Prior code § 4-9.08)

A building permit shall be obtained from the Building Official for the construction, alteration, repair, improvement or demolition of any houseboat or houseboat moorage structure or facility including flotation devices, ramps, floats or docks. A building permit shall also be obtained for all work to be performed in connection with the moving or relocation of any houseboat.

(Prior code § 4-9.09)

A permit shall be obtained from the Building Official or Superintendent of the Electrical Department or Director of Public Works for all work to be performed, materials to be furnished and equipment or fixtures to be installed in connection with any electrical system, plumbing and drainage system, fire fighting and alarm systems, heating, ventilating or other mechanical systems required in the construction, alterations,

repair, improvement, demolition, removal or relocation of any houseboat, houseboat moorage structure or facility, including flotation devices, ramps, floats or docks.

(Prior code § 4-9.10)

Houseboats proposed to be moved into the city or proposed to be moved from one moorage site to another moorage site within the city shall comply with the requirements of this Chapter pertaining to new houseboats. No houseboat shall be moved into or relocated within the city if, after inspection and investigation by the Building Official, it is found to be dilapidated, unseaworthy, or otherwise substandard to such an extent that it would be impractical to repair, improve or rehabilitate said houseboat in accordance with the requirements of this Chapter for new houseboats.

(Prior code § 4-9.11)

Every owner or operator of a houseboat moorage shall maintain a current register of every houseboat moored on the premises under his or her control, such register to record the name and address of the legal owner of each houseboat. A copy of said register shall be available on request to the Building Official.

(Prior code § 4-9.12)

Houseboats shall be berthed or moored in a marina, harbor or similar facility conforming to the requirements of this Chapter and located on privately owned or privately controlled property. Moorages shall not be located in any waterway or fairway, or in the public waters of any street or street end.

(Prior code § 4-9.13)

Three copies of a moorage site plan drawn to scale and fully dimensioned shall be submitted by the owner of said moorage to the Building Official for approval. The moorage site plan shall include the following details:

A.

Name and address of owner or operator;

B.

Address and legal description of the property on which moorage is located;

C.

The dimensions of the houseboat moorage site;

D.

The location of abutting public highways;

E.

The location and dimensions of private waterways and land access to the moorage;

F.

The location and identification of individual houseboat sites;

G.

The location and dimensions of off-street parking space;

H.

The location and dimensions of walkways and any accessory structures or facilities;

I.

The water service system;

J.

The fire protection system;

K.

The electrical service and lighting system;

L.

The complete sewerage system including main sewer and building sewers serving each houseboat site.

The Building Official shall transmit the site plan to the Fire Chief, to the Health Officer and to the city Engineer for review and approval. One copy of the approved site plan shall be returned to the owner or operator, which copy shall be maintained on the premises of the houseboat moorage. No change in the approved moorage plan shall be made unless prior approval is obtained from the Building Official, Fire Chief, Health Officer and Director of Public Works.

(Prior code § 4-9.14)

The access to a moorage site shall have not less than twenty (20) feet of land frontage abutting a public street and shall be sufficiently graded, paved and maintained to support anticipated vehicular or other loads and minimize drainage and dust nuisances.

(Prior code § 4-9.15)

Every houseboat shall have access to a public street, yard or court by means of a system of primary and secondary walkways. The Building Official shall review such system and shall establish the minimum clear width of primary and secondary walkways based upon a consideration of the number of houseboats and other occupancies served, the total length of the walkways and the number of access points provided for exit to a public street, yard or court. No walkway shall be less than four feet or shall be required to be more than six feet in width.

(Prior code § 4-9.16)

One off-street parking space shall be provided for the exclusive use of each houseboat; such parking space shall conform to the Planning Code. Parking spaces shall also be provided for other moorage uses in accordance with the requirements of Sections 15.56.200 through 15.56.320.

(Prior code § 4-9.17)

The Health Officer shall determine the number and type of garbage and rubbish receptacles that shall be provided for all houseboats and accessory moorage uses. All garbage and rubbish receptacles shall be adequately screened from public view.

(Prior code § 4-9.18)

A laundry room containing a minimum of two laundry trays, or two automatic washers supplied with hot and cold water shall be provided for each ten houseboats not equipped with such facilities.

(Prior code § 4-9.19)

Every houseboat moorage including the walkways to every houseboat site shall be illuminated by lights designed, constructed and maintained to provide an average light intensity of two footcandles in accordance with the recommendations of the Illuminating Engineers Society of America and as may be recommended by the Superintendent of Electrical Department.

(Prior code § 4-9.20)

Electrical service and wiring in all moorages shall comply with the requirements of chapter 555, "Boat Harbors and Marinas" of the National Electrical Code, current edition.

(Prior code § 4-9.21)

Plans shall be submitted by the owner of said moorage to the Building Official showing complete details of the water service and piping system; all shall be accompanied by calculations to verify the adequacy of said system to meet demands of the moorage. The design of said system shall comply with the other applicable sections of this Chapter and shall meet the requirements of the following:

A.

Plans. Plans shall show the size and location of each water meter and the type, size and location of all required water service backflow prevention devices.

B.

Materials. The use of nonmetallic or exposed steel piping on docks, floats, ramps or similar moorage facilities will not be permitted. Exposed copper tubing placed on these facilities shall be joined by brazing or by other equivalent methods. Flexible water supply connections to or located on said facilities shall be approved heavy duty type and each hose bib serving said facilities shall be an approved type incorporating a vacuum breaker.

C.

Flexible Water Supply Connections. Flexible water supply connections shall be approved heavy duty type and shall be installed and supported so that at all times they will be above the moorage basin water level.

D.

Backflow Prevention Devices. Each hose bib serving a dock, float, ramp or similar moorage facility shall be equipped with an approved vacuum breaker. No houseboat or vessel which uses a pump or equipment which could cause a cross-connection potential shall have a direct connection to the water supply system.

E.

Temperature and Pressure Relief Valves. A combination temperature and pressure relief valve shall be provided on all water heaters.

F.

Wet Standpipes (Fire Lines). Water lines supplying wet standpipes must be capable of supplying fifty (50) gallons per minute and maintain a residual pressure of thirty (30) pounds per square inch at the hose connection based on the minimum water supply. No fire pump inlet connection will be permitted on any wet standpipe system which is connected to a portable water system.

(Prior code § 4-9.22)

All gas piping installed within a houseboat moorage, including such piping intended to serve houseboats and other floating structures and such piping as may be required to serve dockside facilities, shall be installed in accordance with Chapter 12 of the currently applicable Uniform Plumbing Code and with the following special requirements:

A.

Cathodic Protection. All gas piping shall have approved cathodic protection design, inspected and certified by an approved engineering firm specializing in the field.

B.

Connections—Valves. Where gas is permitted by the administrative authority to be distributed from shoreside facilities, connections to houseboats and other moorage structures shall be made by the use of approved high pressure flexible hose and such connections shall terminate in a positive disconnect coupling. A separate shutoff valve shall be installed ahead of such connection. Connections shall not be immersed in water or run exposed on docks, piers, floats, houseboats or other floating structures. The length of the flexible connection shall not be excessive nor shall it be used as a substitute for gas piping.

(Prior code § 4-9.23)

Every houseboat moorage shall be provided with a fire protection system independent of the portable water system. All head floats, walkways, wharves, fingers, piers must be provided with a minimum three- inch fire main of rigid pipe with standpipes and hose reels spaced not more than seventy (70) feet apart, with a minimum hose length of seventy-five (75) feet with a one-half-inch nozzle on a one-and-one-half- inch fire hose. The hose reel and standpipe furthermost distant from dockside, with nozzle connected, must be capable of delivering fifty (50) gallons of water per minute with a minimum of thirty (30) pounds of residual pressure.

Each houseboat mooring area shall provide a fire alarm system capable of indicating an emergency requiring immediate action to safeguard life or property from the hazards of fire, explosion, or panic. Such system shall meet the approval of the Chief of Fire Department.

All paint, thinners, rags and other flammable materials must be stored at shoreside or other approved locations in proper lockers provided by the owner or operator of the houseboat moorage or marina.

Each owner or operator of a houseboat moorage or marina and the owner or occupant of each houseboat must obtain and place in a conspicuous location, be conversant with and conform to provisions of, the National Fire Protection Association Pamphlets No. 30, "Flammable and Combustible Liquids Code," No. 302, "Motorcraft (Pleasure and Commercial)" and No. 303, "Marinas and Boat Yards."

(Prior code § 4-9.24)

A clear spacing of ten feet between sides or between a side and front or the rear of adjacent houseboats shall be maintained in all houseboat moorages. The clear distance between a houseboat and any shoreside dock or building and the clear distance between a houseboat and any other moorage structures floating or otherwise shall be ten feet. All distances shall be measured between the maximum projection of the superstructure walls. A maximum encroachment of two feet into the required minimum spacing for eaves, roof decks, or similar features will be permitted.

Sufficient space between rows of houseboats shall be maintained in order to facilitate the movement of houseboats into the moorage area and to permit the maneuvering and berthing of houseboats to be accomplished in a safe manner.

(Prior code § 4-9.25)

A houseboat shall be stable under the action of dead and live loads and consideration shall be given to the effect of off-center loading and wind loading in determining overall stability. The design of a houseboat shall be based upon accepted basic engineering principles for floating structures submitted by a qualified licensed engineer or naval architect and shall conform to the following standards:

A.

Metacentric Height. The metacentric height (MG) shall be at least one-foot or greater.

B.

Freeboard—Immersion. The freeboard, as measured from the waterline to the top of the first floor or deck of the completed houseboat, including dead load but not live load, shall be at least one foot four inches (with list angles equal to zero degrees). The allowable immersion under the action of off-center loading or wind loading shall not exceed two-thirds of the original freeboard with a list angle of four degrees. Freeboard shall be measured from the waterline to the top of the first floor or deck at the side of the houseboat at a point where said freeboard has its least dimension.

C.

List Angle. The maximum angle of list shall not exceed four degrees under the action of either off-center or wind loading.

D.

Off-Center Loading. The off-center loading shall be considered as applicable to the completed houseboat including dead load and shall consist of five pounds per foot of width, whichever is greater, per lineal foot (first floor) and fifty (50) pounds, or two and one-half pounds per foot of width, whichever is greater, per lineal foot (second floor habitable attic or loft). The uniform line load is to be applied halfway between the center of gravity and the outside edge of deck, to one side of the houseboat at a time. The dividing line is the longitudinal axis of the houseboat, and the overturning moment resulting from the off-center loading shall be taken about the computed center of gravity. Stability with off-center loading shall be tested on both sides of the longitudinal axis. The ratio mr/mo', mo being the overturning moment due to off-center loading and mr being the resisting moment due to buoyancy, shall be equal to one applied with a list equal to four degrees. Overturning moments and resisting moments are to be taken about a longitudinal line passing through the computed center of gravity.

E.

Wind Loading. Wind loading shall be applied to the completed houseboat, including dead load and live load, but not off-center loading. The ratio mr/mn', mn being the wind heeling moment and mr being the

resisting moment due to buoyancy, shall be equal to one applied with a list equal to four degrees.

F.

Calculations by Qualified Engineer. Calculations shall be submitted by a qualified engineer showing that the houseboat conforms to the requirements of this Chapter.

(Prior code § 4-9.26)

Watertight pontoons, floats, hulls or other devices used to keep the houseboat afloat shall be fitted with transverse or longitudinal watertight bulkheads which provide compartmentation sufficient to keep the fully loaded houseboat afloat with positive stability with any one compartment flooded. This requirement may be waived by the Building Official upon certification by a competent architect or engineer familiar with such devices that design, materials and construction of the hull or other flotation device is such that the possibility of rupture is extremely remote.

A.

Construction (General). Floatation devices shall be structurally sound and securely fastened to the houseboat superstructure. Floatation devices shall be constructed so that access to each compartment is readily available from the first floor level of the completed houseboat. The external surfaces of all floatation devices shall be watertight and thoroughly protected from corrosion from salt water, solvents and weather.

B.

Bilge Pump. Where permanent type flotation such as styrofoam or plastic foam is not provided, an adequate portable bilge pump shall be maintained in proper working order.

C.

Holding Tank. Flotation and decking shall provide access to and protection for the holding tank and sewage pump.

D.

Material. All material, such as decking, siding and subflooring, which is subjected to moisture or water splash shall be of a type not adversely affected by moisture, or shall be treated.

E.

Framing. Floors, walls, roofs, partitions and all structural framing members shall be designed and constructed by use of diaphragm walls in such a manner that the superstructure will act as a unit independent of the flotation or hull structure and will not be adversely affected by point reactions under said floatation or hull.

(Prior code § 4-9.27)

All gas piping installed in a houseboat or in any other floating structure shall be installed in accordance with Chapter 12 of the currently effective Uniform Plumbing Code with the following exception:

A.

Exposed Piping. All gas piping installed in a houseboat or other floating structure which is exposed to corrosion shall be provided with an approved protective coating or shall be galvanized and painted.

(Prior code § 4-9.28)

The facilities of all exits shall comply with the requirements for dwellings as set forth in the Building Code referred to in Section 15.56.060, except as follows:

A.

Exterior Exits. Stairways or ramps from houseboat to mooring dock or float shall be at least thirty-six (36) inches in width and shall be provided with guardrails on both sides.

B.

Interior Exits. Ingress and egress to second floor dwelling quarters shall be by means of stairways at least thirty (30) inches in width provided with at least one handrail. The use of ladders will not be permitted.

C.

Roof and Attic Access. Access to roof and uninhabitable attic areas by means of ladders may be permitted if approved by the Building Official.

(Prior code § 4-9.29)

Guard rails at least thirty-six (36) inches in height shall be provided in the following locations:

A.

Both sides of all exterior stairways and ramps;

B.

All edges of occupied roof areas;

C.

Edges of all decks not encompassed by the exterior walls of the houseboat superstructure.

Guard rails shall be designed to withstand a twenty (20) pound per foot load applied at the top of the rail. In open type railings intermediate members shall not be spaced more than nine inches apart.

(Prior code § 4-9.30)

Every houseboat shall comply with the basic minimum housing standards set forth in the California Administrative Code and the Federal Marine Sanitation Device Regulation CG-48 (Rev. 6-78).

(Prior code § 4-9.31)

The Building Official shall enforce all of the provisions of this Chapter pertaining to the erection, construction, reconstruction, movement or relocation, enlargement, conversion, alteration, repair, removal, demolition or arrangement of all houseboats and houseboat moorages.

(Prior code § 4-9.32)

The Building Official shall enforce all the provisions of this Chapter pertaining to the maintenance, sanitation, ventilation, use, or occupancy of houseboats and houseboat moorage facilities.

(Prior code § 4-9.33)

The Fire Chief shall enforce all the provisions of this Chapter pertaining to fire prevention, fire protection, the control and spread of fire and safety from fire or panic in relation to houseboats and houseboat moorages.

(Prior code § 4-9.34)

Any or all of the above officials or their authorized deputies or representatives may, with the consent of the occupant, or with the consent of the owner of unoccupied premises, or pursuant to a lawfully issued warrant, enter any houseboat or other structure located on the premises of a houseboat moorage at any reasonable time to perform any duty imposed on him or her by this Chapter.

(Prior code § 4-9.35)

All houseboats and houseboat moorages in existence in the city on or after the effective date of the ordinance codified in this Chapter shall comply with the requirements thereof for new houseboats and new moorages within the time limit as may be specified by the Health Officer, Building Official, Chief of Fire Department or Superintendent of the Electrical Department and Director of Public Works, but said time limit shall not exceed six months.

(Prior code § 4-9.36)

In the event that any applicant or permittee is for any reason dissatisfied with the actions of the Health Officer, Building Official, Chief of Fire Department or Superintendent of the Electrical Department and Director of Public Works resulting in the denial or revocation of a certificate of occupancy or in the imposition of any conditions relating to the certificate of occupancy, the applicant or permittee shall have the right to appeal to the applicable appeals board in writing within ten days after notification of the actions of said officials. The applicant will be notified by registered or certified mail of the date, time and place set for hearing of the appeal.

(Prior code § 4-9.37)

It is unlawful for any person, persons or legal entity to use, or cause to be used, a houseboat which does not comply with the provisions of this Chapter. Any person violating any of said provisions shall be guilty of a misdemeanor.

(Prior code § 4-9.38)

Nothing in this Chapter limits, or is intended to limit, the rights of the Port of Oakland over privately owned property under its jurisdiction by virtue of the city's Charter. Further, this Chapter is not intended to limit any other rights of said Port existing by virtue of the city's Charter.

(Prior code § 4-9.40)