Article IV — Definitions

For the purpose of this Code, certain terms, phrases, words, and their derivatives shall be construed as specified either in this Section or as specified in the Oakland Building Construction Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

Webster's Third New International Dictionary of the English Language, Unabridged, copyright 2016, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular.

ACCESSORY BUILDING is a detached subordinate building, the use of which is customarily incidental to that of the main building or the main use of the land and which is located on the same lot or parcel with the main building of use.

APARTMENT HOUSE is a residential building or portion thereof which contains three (3) or more dwelling units and, for the purposes of this Code, includes residential condominiums and joint live work quarters and as defined in the Oakland Building Construction Code.

BEDROOM is a sleeping room having a minimum two (2) feet four (4) inches wide by six (6) feet eight (8) inches high door opening communicating directly with other internal areas of a dwelling unit and containing a separate permanent closet with a minimum 24 inches by 24 inches interior clear space.

BUILDING OFFICIAL is the Official in charge of the Building Department of the City of Oakland, or the Building Official's designee, and their successor in title.

COMMUNITY KITCHEN is a kitchen in a hotel or lodging house used individually or collectively by the occupants, but not used commercially to serve a dining room or the public.

CONGREGATE RESIDENCE is any residential building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this Code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, motels, or lodging houses.

COURT is a space, open and unobstructed to the sky, located at or above finished grade on a lot and bounded on three (3) or more sides by walls of a building.

DAMPNESS means the presence of unwanted moisture in the structure of a building, either the result of intrusion from outside or below ground or condensation from within the structure.

DWELLING is a residential building or portion thereof which contains not more than two (2) dwelling units.

DWELLING UNIT is a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation or a vehicular residential facility as defined herein. For purposes of accessible units under Cal. Code of Regulations Title 24 Chapter 11A, a dwelling unit is a single unit of residence for a family of one (1) or more persons, and includes condominiums, apartments, and other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intend for occupancy as residences for homeless persons.

EFFICIENCY DWELLING UNIT is a dwelling unit containing only one (1) habitable room other than a kitchen and meeting the requirements of Section 15.08.210.B, Exception 1, of this Code.

FIRE CHIEF is the Chief of the Fire Services Agency of the City of Oakland, or the Fire Chief's designee, and their successor in title.

GUEST ROOM is a room or rooms used or intended to be by used for sleeping purposes by a person hiring or occupying the room or rooms. Every one hundred (100) square feet of superficial floor area in a dormitory shall be considered to be a guest room.

HABITABLE SPACE (ROOM) is space in a residential building or structure intended or used for living, sleeping, eating, or cooking. Bathrooms, water closet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

HEALTH OFFICER is head of the Department of Environmental Health of Alameda County, or their designee.

HEARING OFFICER is a person who is qualified by training and experience to conduct administrative hearings of appeals in accordance with Article IX of this Code.

HOT WATER is potable water supplied to plumbing fixtures at a temperature of not less than 110° F.

HOTEL (MOTEL) is a residential building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

HOUSEKEEPING ROOM is a dwelling unit containing only one habitable room and meeting the requirements of Section 15.08.210.B, Exception 2, of this Code.

LEAD BASED PAINT is any paint or other surface coating that contains lead in excess of (1.0) milligrams per square centimeter, as measured by x-ray fluorescence (XRF). or 0.5 percent (5.000 parts per million (ppml) by weight as measured by approved laboratory analytical methods, or that level as determined in the most recent standards as established by the U.S. Environmental Protection Agency.

LODGING HOUSE is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor, or otherwise.

LOT is a subdivided piece or parcel of land fronting on a public street or a private access easement and described by reference to a recorded plat or by metes and bounds.

MECHANICAL CODE is the Oakland Building Construction Code, as currently adopted and amended.

MOLD means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum, often found in water-damaged building materials.

NUISANCE is one or more of the following:

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

An attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot, including but not limited to, an abandoned well, shaft, basement, pool or pond, or excavation; an abandoned refrigerator or motor vehicle; a structurally unsound fence or structure; lumber, trash, fence, debris, or vegetation; or narcotics or other controlled substances and related paraphernalia that may prove a hazard for inquisitive minors;

Whatever is unsafe to life and limb, as determined by the Building Official or the Fire Chief, or detrimental to public health or the health of the occupants, as determined by the Health Officer;

Overcrowding a room with occupants;

Insufficient ventilation or illumination;

Inadequate or unsanitary sewage disposal system or plumbing facilities;

Uncleanliness, as determined by the Health Officer;

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

OCCUPANT is any person using any building or structure or portion thereof as habitable space, with or without the knowledge or consent of the property owner.

OPEN STORAGE is storage on private property other than in a completely enclosed building. Materials shall be deemed to be held in Open Storage even though screened from public view, or view of residents of adjacent property, by a fence or other such partition.

OPERATOR is any person who has charge, care, or control of a building, or part thereof, in which dwelling units or guest rooms are let.

OWNER(S) is any person(s), entity, entities, parties, that have an ownership stake in a parcel of land whether it be improved or vacant within the City of Oakland as per the last equalized assessment roll or otherwise known to be the owner of land.

PLUMBING CODE is the Oakland Building Construction Code as currently adopted and amended.

PUBLIC CORRIDOR (HALLWAY) is an enclosed, continuous and unobstructed means of egress to a public way that includes an intervening hallway, passageway, vestibule, stairway, landing, or platform within a building, but not within any apartment, guest room, or suite of rooms.

RECYCLABLES are materials, goods, vehicles, machinery, appliances, products or articles, either new or used, with or without monetary value, which are suitable for re-use.

RESIDENTIAL BUILDING is a building or structure, or portion thereof, which is used or designed or intended to be used for human habitation including living, sleeping, cooking or eating or any combination thereof.

ROOM is an unsubdivided and enclosed portion of the interior of a building but not including an enclosed show window.

RUBBISH is combustible and noncombustible waste material, other than garbage (solid organic waste), including, but not limited to, paper stock, rags, cartons, boxes, wood, excelsior, rubber, leather, vegetation trimmings and cuttings, cans, metal, mineral matter, glass, crockery, dust, and the residue from burning wood, coal, or coke.

SLEEPING ROOM is a habitable room in a residential building which does not contain a water heater, water closet, bidet, bathtub, shower receptor, clothes washer or dryer, or food cooking appliance; and does not open directly into a garage or carport; and otherwise meets minimum standards of health and safety for sleeping as determined by the Building Official.

VEHICULAR RESIDENTIAL FACILITY is a recreational vehicle as defined in Health and Safety Code Section 18010 which has been authorized for residential occupancy pursuant to the Oakland Planning Code, or a recreational vehicle that has not been authorized for residential occupancy but is rented or offered for rent for living or dwelling purposes.

VENT SHAFT is a court which is used to ventilate a water closet, bath, shower receptor, utility room or other service room.

WINDOW is a glazed exterior opening, including a glazed door, which opens onto a yard, court, or a vent shaft.

YARD is an open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

(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)

Wherever terms, phrases, words, and their derivatives in this Code are not defined herein but are defined in the Oakland Building Construction Code, such definitions in the Oakland Building Construction Code shall control.

(Ord. No. 13407, § 4(Exh. A), 12-13-2016)