Chapter 8.04 — COMMERCIAL BUILDING SECURITY REQUIREMENTS

It is unlawful for any person to establish, operate or maintain, or cause to be established, operated or maintained, any new or used car lot, or rent-a-car or lease-a-car lot, unless the same shall conform to the following:

A.

On all sides not contiguous to a building or other barrier, the lot shall be surrounded by a metal chain or by a fence or barricade approved by the Police Department.

B.

Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen (18) inches nor more than thirty-six (36) inches above the ground level.

C.

Each opening in the chain or fence which is used for the ingress or egress of motor vehicles shall be secured by a substantial padlock or other approved locking device whenever the lot is unattended.

Provided, however, any violation of the provisions of this section shall not mitigate the offense of stealing a vehicle from such lot; nor shall such violation be used to effect a recovery in any civil action for the theft of such vehicle, or the issuance thereon, or have any other bearing upon any civil action.

(Prior code § 3-12.07)

It is unlawful for any person to establish, operate or maintain, or cause to be established, operated or maintained, any off street private or public parking lot or parking facility having more than ten allotted parking spaces, in the areas identified in subparagraph G below, unless the same shall conform to the following:

A.

Each opening to the lot used for the ingress or egress of motor vehicles shall be secured by a chain or other approved barricade and a substantial padlock or other approved locking device within one hour after

the close of business and shall remain secured until one hour prior to the opening of business;

B.

Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen (18) inches nor more than thirty-six (36) inches above the ground level;

C.

If an alternate type of barricade is installed, it shall be situated in such a manner as to prevent the ingress and egress of vehicles. Such barriers include, but are not limited to, "hole and post" constructions, metal gates, and swinging metal bars;

D.

The perimeter of the off street private or public parking area shall also be secured in such a fashion as to prohibit vehicles from gaining access to the property. However, pedestrian access points meeting Americans with Disabilities Act (ADA) criteria shall be located at convenient access points;

E.

A parking lot owner may extend the lot's operating hours to permit use by a nearby business (subletting business) when said business has entered into a valid, written contract for use of the lot after the owner's closing hours. Such contracts shall include language requiring the authorized subletting business to secure the parking lot within one hour after the close of the subletting business. All such contracts shall be filed with the Traffic Operations Section of the Oakland Police Department (455—7th Street, 1st floor, Oakland, CA 94607-3985). Owners of such parking lots shall post and maintain clearly visible and legible signs stating the name(s) of the businesses authorized to use the lot after the owner's business hours;

F.

Any violation of this section shall be enforced by the citation method provided in Section 8.04.160 of this code;

G.

This section shall apply in the following areas: In eastern Oakland the area located between the City of San Leandro border and Fruitvale Avenue; north up to and including MacArthur Boulevard; and south to the estuary. All areas below (south of) Interstate 880 for the length of the City of Oakland and those portions of the western section of the City bounded by San Francisco Bay and the estuary to the west, the City of Emeryville and West MacArthur Boulevard to the north, and Harrison Street, transitioning to and including Lakeside Drive, and finally transitioning to Peralta Creek as the eastern boundary, and Interstate 880 as the southern boundary.

(Ord. 12390 § 1, 2001)

All existing and future buildings in the City used by any person for the purpose of conducting, managing, or carrying on any business, with the exception of those hereinafter described, shall, when unattended, be so secured as to prevent unauthorized entry, in accordance with specifications for physical security of exterior accessible openings as provided in Sections 8.04.070 through 8.04.140. A commercial building shall be considered unattended when not occupied by a watchman, maintenance personnel, or other authorized persons during the period that premises are closed to business. Any building used for Group "A" public assembly occupancy, as defined in the Oakland Building Code, as well as those buildings used for Group "H" occupancy of the type requiring exit doors to be equipped with panic hardware locks, shall be exempt from the provisions hereof relating to exterior doors. Those buildings used for Group "E," "I," "R-1," "R-3," and "U" occupancy shall be exempt from the provisions hereof.

(Ord. 11937, 1996: prior code § 3-12.08)

The Chief of Police is authorized and directed to administer and enforce the provisions of this code relating to physical security requirements for commercial buildings in the city.

(Prior code § 3-12.09)

The responsibility for compliance with the specifications set forth in Sections 8.04.070 through 8.04.140 concerning physical security for exterior openings of buildings used for business purposes and subject to the provisions hereof shall be as follows:

A.

When said commercial business does not share the use of exterior openings with any other business establishment, the person operating said business shall be responsible.

B.

When two or more businesses share the use of the same exterior openings of any commercial building, the owner of said building or his or her designated agent shall be responsible.

(Prior code § 3-12.10)

The Chief of Police shall examine, or cause to be examined, the accessible exterior openings of every commercial building, or part thereof, which is subject to the provisions hereof. Where accessible exterior openings exist which do not meet the requirements hereof, notice in writing shall be given to the responsible person setting forth the deficiencies which are to be corrected, and the period within which same shall be completed. Failure to complete corrective action in the period of time specified shall result in enforcement action, as provided in Section 8.04.160.

(Prior code § 3-12.11)

Members of the Police Department designated by the Chief of Police shall have the right, and they are authorized and empowered, to enter or go upon or about any building or premises used for business purposes at any reasonable hour for the purpose of inspecting the physical security of exterior accessible openings of such building or premises, or for any other purposes consistent herewith. Such members shall be given prompt access to any area of the building or premises upon oral notification to the responsible person, and upon exhibiting a badge or other evidence of their identity and authority; provided, however, that except in an emergency situation, an inspection warrant issued pursuant to Title 13, Part 3 of the Code of Civil Procedure (Sections 1822.50 to 1822.57, inclusive) shall first be secured when entry or access thereto is refused. Refusal to admit such members when an inspection warrant is not required shall be a misdemeanor.

(Prior code § 3-12.12)

All exterior accessible openings of any building used for business subject to the provisions hereof and which are not otherwise protected by approved photoelectric, ultrasonic, or other intrusion detection devices, shall be secured as herein, and in Sections 8.04.080 through 8.04.140, provided.

Provided, however, exit doors serving an occupant load of more than ten, and serving hazardous rooms or areas, shall be openable from the inside without the use of a key or any special knowledge or effort; and any additional locking device on such doors shall be required only after the approval of the Fire Marshal has been first had and obtained.

(Prior code § 3-12.13)

All front doors of any building or premises used for business purposes and subject to the provisions hereof shall comply with the following requirements:

A.

Tempered glass doors, wood or metal doors with tempered glass panel, solid wood or metal doors shall be secured as follows:

A single door shall be equipped with either double cylinder dead lock that unlocks from both the outside and inside by key, or with cylinder dead lock that unlocks from the outside by key and inside by turnpiece, handle, or knob, or with dead locking latch having guarded bolt that unlocks from the outside by key and inside by turnpiece, handle, or knob.

On double doors the active leaf shall be equipped with a type of lock as prescribed for single doors above and the inactive leaf shall be equipped with flush bolts at head and foot.

B.

Doors with glass panels not of tempered glass and doors that have nontempered glass panels adjacent to the door frame, shall be secured as follows:

A single door shall be equipped with cylinder dead lock that unlocks from both the outside and inside by a key.

On double doors the active leaf shall be equipped with cylinder dead lock that unlocks from both the outside and inside by a key and the inactive leaf shall be equipped with flush bolts at head and foot.

C.

Rolling overhead doors that are not controlled or locked by electric power operation shall be equipped on the inside with the following protective devices:

Manually operated doors shall be provided with slide bolts on the bottom bar.

Chain operated doors shall be provided with a cast iron keeper and pin for securing the hand chain.

Crank operated doors shall be provided with a means for securing the operating shaft.

D.

A solid overhead, swinging, sliding, or accordion garage-type door shall be secured with a cylinder lock, padlock, and/or metal slide bar, bolt or crossbar on the inside when not otherwise controlled or locked by electric power operation. If padlock is used, it shall be of hardened steel shackle, with minimum four pin tumbler operation. In the event that this type of door provides the only entrance to the front of the building, a cylinder lock or padlock may be used on the outside.

E.

Metal accordion grate or grill-type doors shall be equipped with metal guide track at top and bottom and a cylinder lock and/or padlock with hardened steel shackle and minimum four pin tumbler operation.

F.

Outside hinges on all front doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.

(Prior code § 3-12.14)

All accessible rear, side and basement doors of any building or premises used for business purposes and subject to the provisions hereof, shall comply with the following requirements:

A.

All doors of the types listed below shall comply with the requirements of Section 8.04.080 for front doors.

Tempered glass doors, wood or metal doors, with tempered glass panel;

Metal doors;

Rolling overhead doors;

Solid overhead, swinging, sliding, or accordion garage-type doors;

Metal accordion grate or grill-type doors.

B.

Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:

The glass panel shall be covered with iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced not more than five inches apart; or

Iron or steel grills of at least one-eighths-inch material of two-inch mesh.

If the door or glass panel barrier is on the outside, it shall be secured with rounded head flush bolt on the outside.

If the remaining portion of a door panel exceeds eight inches by twelve (12) inches (excluding door frame), is of wood, but not of solid core construction, or is less than one and three-eighths inches thick, said portion shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.

C.

Wood doors, not of solid core construction, or with panels therein less than one and three-eighths inches thick, shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.

D.

Locking Devices.

A single door shall be equipped with either double cylinder dead lock that unlocks from both the outside and inside by key, with cylinder dead lock that unlocks from the outside by key and inside by turnpiece, handle, or knob, with dead locking latch having guarded bolt that unlocks from outside by key and inside by turnpiece, handle, or knob, or with approved slide bar bolt, crossbar, and/or padlock. If padlock is used, it shall be of hardened steel shackle, with minimum four pin tumbler operation.

On double door the active leaf shall be equipped with a type of lock as prescribed for single doors above and the inactive leaf shall be equipped with flush bolts at head and feet.

E.

Outside hinges on all rear, side and basement doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.

(Prior code § 3-12.15)

All doors that exit onto the roof of any building or premises used for business purposes and subject to the provisions hereof shall comply with the following requirements:

A.

Doors with glass panels and any glass panels that are adjacent to the door frame shall be protected as follows:

The glass portion shall be covered with iron or steel grills of at least one-eighth-inch material of no more than two-inch mesh securely fastened.

If the door or glass panel barrier is on the outside, it shall be secured with rounded head flush bolt on the outside.

If the remaining portion of a door panel exceeds eight inches by twelve (12) inches (excluding door frame) and is of wood, but not of solid core construction, or is less than one and three-eighths inches thick, said portion shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.

B.

Wood doors not of solid core construction, or with panels therein less than one and three-eighths inches thick, shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.

C.

All roof doors shall be provided with a lock that will permit the door to be opened from the inside without the use of a key or any special knowledge or effort.

D.

Outside hinges on all roof doors shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.

(Prior code § 3-12.16)

The Chief of Police shall, with the approval of the Fire Marshal, determine the extent of protection, if any, that will be required for accessible glass windows at the side or rear of building. Glass windows shall be deemed accessible if less than eighteen (18) feet above ground. In making his or her determination he or she shall consider whether the side of the building fronts on a street, the area, location and contents thereof, and whether such openings are protected by intrusion detection devices.

A.

The Chief of Police may require side and rear glass windows with a pane exceeding ninety-six (96) square inches in area, with its smallest dimension exceeding six inches, to be protected in the following manner:

Inside or outside iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced not more than five inches apart, securely fastened; or

Inside or outside iron or steel grills of at least one-eighth-inch material of two-inch mesh securely fastened.

If window barrier is on the outside, it shall be secured with rounded head flush bolt on the outside.

B.

If the side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a glide bar, bolt, crossbar, and/or padlock with hardened steel shackle, and minimum four pin tumbler operation.

C.

Outside hinges on all side and rear glass windows shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.

(Prior code § 3-12.17)

All exterior transoms exceeding eight inches by twelve (12) inches on the side and rear of any building or premises used for business purposes and subject to the provisions hereof shall be protected by either of the following:

A.

Outside iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced no more than five inches apart; or

B.

Outside iron or steel grills of at least one-eighth-inch material but not more than two-inch mesh.

C.

The window barrier shall be secured with rounded head flush bolts on the outside.

(Prior code § 3-12.18)

A.

All glass skylights on the roof of any building or premises used for business purposes and subject to the provisions hereof shall be provided with:

Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material under the skylight and securely fastened; or

A steel grill of at least one-eighth-inch material of two-inch mesh under the skylight and securely fastened.

B.

All hatchway openings on the roof of any building or premises used for business purposes and subject to the provisions hereof shall be secured as follows:

If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen (16) gauge sheet steel attached with screws.

The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock is unauthorized, unless approved by the Fire Marshal.

Outside hinges on all hatchway openings shall be provided with nonremovable pins. Such hinge pins may be either welded, flanged, or secured by a screw.

C.

All air duct or air vent openings exceeding eight inches by twelve (12) inches on the roof of any building or premises used for business purposes and subject to the provisions hereof shall be secured by covering the same with either of the following:

Iron bars of at least one-half inch round or one inch by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened; or

A steel grill of at least one-eighth-inch material of two-inch mesh and securely fastened.

If the barrier is on the outside it shall be secured with rounded head flush bolts on the outside.

(Prior code § 3-12.19)

If it is determined by the Chief of Police that the security measures and locking devices prescribed in Sections 8.04.070 through 8.04.130 do not adequately secure the building, he or she may require the installation and maintenance of photoelectric, ultrasonic, or other intrusion detection device. In exercising his or her discretion he or she shall consider whether:

A.

The business establishment has experienced a high incidence of burglary in the past; or

B.

The type of merchandise and its inventory value require added security protection.

If he or she determines that such installation is required, notice in writing shall be given to the responsible person setting forth the installation to be made and the period within which same shall be completed. Failure to complete the installation in the time specified shall result in enforcement action as provided in Section 8.04.160.

(Prior code § 3-12.20)

Within ten days after the receipt of written notice from the Chief of Police requiring the installation and maintenance of photoelectric, ultrasonic, or other intrusion detection device, the person responsible for compliance therewith may appeal in writing to the City Manager. In filing such notice of appeal, the appellant shall set forth the specific grounds wherein it is claimed there was an error or abuse of discretion by the Chief of Police, or wherein the issuance of said written notice was not supported by proper evidence.

Upon receipt of such appeal, the City Manager shall set said matter for hearing and cause notice thereof to be given to the appellant and to the Chief of Police, or his or her authorized representative, not less than five days prior to the date set for said hearing. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be affirmed.

The City Manager may affirm, reverse, or modify the decision of the Chief of Police requiring the installation and maintenance of a photoelectric, ultrasonic, or other intrusion detection device. If said decision is affirmed or modified by the City Manager, the appellant shall be given written notice thereof by the Chief of Police setting forth the installation to be made and the period of time within which the same shall be completed. In no event shall the period be less than that originally granted appellant. Failure to comply with the City Manager's decision shall be deemed an infraction and enforceable as in Section 8.04.160 provided.

Provided, however, any person excepting to the decision of the City Manager may, within ten days after the date of such decision, appeal in writing to the City Council by filing with the City Clerk a written notice of appeal, setting forth the specific grounds thereof. The City Clerk shall forthwith set said matter for hearing before the City Council and cause notice thereof to be given to the appellant, to the City Manager, and to the Chief of Police, or his or her authorized representative, not less than five days prior to date set for said hearing. At such hearing before the City Council the appellant shall show cause on the grounds specified in the notice of appeal why the decision of the City Manager should not be affirmed.

If the City Council affirms or modifies the decision of the City Manager, the appellant shall be notified in writing by the Chief of Police of the installation to be made and the period of time within which the same shall be completed. In no event shall the new period of time be less than that granted originally. Failure to comply with the decision of the Council, on appeal, shall be deemed an infraction, and enforceable as provided in Section 8.04.160.

(Prior code § 3-12.21)

Sections 8.04.011 and 8.04.070 through 8.04.150 may be enforced by the method provided for in Chapter 1.24 of this code, and by Sections 853.5 through 853.8 of the Penal Code of the state of California. Said sections shall be enforced by members of the Police Department, Deputy Directors of Public Works Manager, Inspectional Services, and Office of Community Development, Housing Conservation, Supervising Housing Representatives.

(Ord. 12390 § 2, 2001: Ord. 11928, 1996: prior code § 3-12.22)