Oakland Municipal Code Art. XV Delay of Enforcement for Joint Live Work Quarters

The purpose of this Article is to allow for a delay of enforcement actions, for a period of no more than five (5) years, for joint live work quarters created or altered without the benefit of permits prior to January 1, 2020, if corrections of violations are not necessary to protect health and safety. This Article shall only apply to joint live work quarters that voluntarily apply for a delay of enforcement with the Planning and Building Department, This Article shall remain in effect only until January 1, 2030, and as of that date is repealed.

(Ord. No. 13719, § 7, 12-20-2022)

A. An owner of joint live work quarters created or altered prior to January 1, 2020, without the benefit of permits may submit an application requesting that enforcement be delayed for a period of five (5) years on the grounds that correction of violations is not necessary to protect health and safety.

B. A delay of enforcement for joint live work quarters may be conditioned on compliance with use restrictions and other conditions, including compliance with Oakland Municipal Code Chapter 8.22, in the discretion of the Building Official. Any delay of enforcement for joint live work quarters may be revoked if conditions are not strictly complied with or if there is an unpermitted change in use or occupancy or if conditions become unsafe or unhealthy, as determined by the Building Official.

C. A delay of enforcement means the City will not penalize the owner for being out of compliance with building standards during the delay period. The owner must use the delay period to bring the property into compliance. Noncompliant conditions still existing after the expiration of the delay of enforcement shall be deemed a public nuisance and shall be subject to immediate enforcement.

D. Before a delay of enforcement will be granted, the following conditions must be complied with:

1. A licensed electrician shall inspect the building and submit a formal written report to the building owner, tenants, and Building Department. If electrical corrections are required, an electrical permit must be obtained within thirty (30) days and a licensed electrician must complete the necessary system upgrades.

2. A licensed civil or structural engineer shall inspect the building and submit a formal written report to the owner, tenants, and Department of Planning and Building certifying that the following minimum life safety requirements are met:

a. All residential spaces must have at least one (1) exit complying with the requirements of the California Existing Building Code (CEBC).

b. All assembly spaces exceeding seven hundred fifty (750) square feet must have at least two (2) exits complying with the requirements of the California Existing Building Code (CEBC).

c. All residential spaces less or equal to one thousand five hundred (1,500) square feet and located above the first floor must have at least one (1) exit stair complying with the requirements of the California Existing Building Code (CEBC). Assembly spaces cannot be provided above the first floor.

d. All residential spaces greater than one thousand five hundred (1,500) square feet and located above the first floor must have at least two (2) exit stairs complying with the requirements of the California Existing Building Code (CEBC). Assembly spaces cannot be provided above the first floor.

e. All residential occupancies over five thousand (5,000) square feet and assembly occupancies over seven hundred fifty (750) square feet shall have panic hardware provided on all exit doors meeting the minimum requirements of the California Building Code (CBC).

f. Existing stairways must have a maximum rise-to-run ratio of 8:9 as allowed by Section 503.1, Exception 1, of the CEBC.

g. For residential sleeping lofts that do not have a compliant stairway, and which are under three hundred (300) square feet, a ship's ladder or alternating tread device complying with the CBC may be installed.

h. All residential and assembly areas must have smoke detectors located as required by the CBC and California Fire Code (CFC). Such detectors shall be interconnected so as to cause all smoke alarms to sound.

i. In addition to item h. above, smoke alarms shall be interconnected with a fire alarm system in accordance with National Fire Protection Association Fire Alarm and Signaling Code Document 72.

j. All residential spaces must have properly installed code compliant carbon monoxide detectors.

k. An inspection must be provided to ensure that no extension cords are used within the common use areas.

(Ord. No. 13719, § 7, 12-20-2022)

Prior to the granting of any delay of enforcement to any owner, said owner shall agree, in writing, to indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, arising from the delay of enforcement.

(Ord. No. 13719, § 7, 12-20-2022)

If the joint live work quarters are eligible for a delay of enforcement, the Building Official shall execute a notice stating that a delay of enforcement has been approved; setting forth the time period of the delay; requiring the owner(s) to inform all occupants, in writing, of the existing violations and the delay of enforcement. The notice shall be recorded with the County of Alameda Recorder's office.

(Ord. No. 13719, § 7, 12-20-2022)

A delay of enforcement shall not absolve the owner(s) of their obligation to comply with maintenance and habitability standards owed to any tenant of a live work unit. Nor shall a delay of enforcement impair the rights of any tenant to seek or obtain relief under any State or local law created for the benefit of tenants, or to enforce any contract.

(Ord. No. 13719, § 7, 12-20-2022)

To provide, or offer to provide, joint live work quarters or any part thereof for short term rental for a period of less than thirty (30) days is a public nuisance.

(Ord. No. 13719, § 7, 12-20-2022)

Any delay of enforcement granted pursuant to this Article shall apply only to building standards. Enforcement of other code violations, including, but not limited to, nuisances and blight, shall not be subject to delay.

(Ord. No. 13719, § 7, 12-20-2022)