Chapter 7-5 — BUILDING CODE

Article 1 Building Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections 7-5-100—7-5-200)1)

Except as otherwise specifically set forth herein, the "2025 California Building Code," California Code of Regulations, Title 24, Part 2, as published by the International Code Council, is hereby adopted as the "Building Code" of the City of San Leandro. In the event an amendment to the 2025 California Building Code results in differences between the building standards set forth in this Article and the California Building Code, the text of this Article shall govern. At least one true copy of the California Building Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Chapter 1 of the 2025 California Building Code is amended and adopted, and shall be known as the "City of San Leandro Building Code," as follows:

SECTION 101 GENERALCHAPTER 1 ADMINISTRATION

101.1 Title.

These regulations shall be known as the City of San Leandro Building Code, hereinafter referred to as "this Code."

101.2 Scope.

The provisions of this Code shall apply to the construction, alteration, relocation, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances or systems connected or attached to such buildings or structures.

101.2.1 Appendices.

Provisions in the appendices can be approved for use by the Building Official.

101.3 Purpose and Intent.

The purpose of this Code is to establish minimum standards to safeguard public health, safety, and general welfare by regulating the design, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, construction, installation, quality of materials, use, occupancy, location, energy conservation and maintenance of all buildings,

1. Editor's Note: This ordinance also repealed Ord. No. 2016-014; Ord. No. 2020-011 and Ord. No. 2022-014.

   structures, and certain equipment as specifically set forth herein and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this Code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This Code shall not be construed to hold the City of San Leandro or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Code. By adopting the provisions of this Code, the City does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

This Section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous Code adoptions.

101.4 Referenced Codes.

The other Codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference.

101.4.1 Electrical.

The provisions of the San Leandro Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.2 Gas.

The provisions of the San Leandro Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.3 Mechanical.

The provisions of the San Leandro Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

101.4.4 Plumbing.

The provisions of the San Leandro Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

101.4.5 Property maintenance.

The provisions of the San Leandro Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

101.4.6 Fire prevention.

The provisions of the San Leandro Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.4.7 Energy.

The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.8 California Green Building Code.

The provisions of the California Green Building Code (CGBC) as published by the California Building Standards Commission shall apply to matters affecting or relating to planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The purpose of which is to encourage sustainable construction practices in the following categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency and environmental quality. A copy of the CGBC shall be maintained on file in the office of the City Clerk.

SECTION 102

APPLICABILITY

102.1 General.

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

102.2 Other laws.

The provisions of this Code shall not be deemed to nullify any provisions of local, state or federal law.

102.3 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this Code.

102.4 Referenced codes and standards.

The Codes and Standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and referenced Codes and Standards, the provisions of this Code shall apply.

102.5 Partial invalidity.

In the event that any part or provision of this Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing structures.

The legal occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change, except as is specifically covered in this Code, the San Leandro Existing Building Code or the San Leandro Fire Code, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public.

SECTION 103

DIVISION OF BUILDING AND SAFETY

103.1 Creation of enforcement agency.

The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the Building Official.

103.2 Appointment.

The Building Official shall be appointed by the City Manager.

103.3 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the

appointing authority, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official.

SECTION 104

DUTIES AND POWERS OF BUILDING OFFICIAL

104.1 General.

The Building Official is hereby authorized and directed to enforce the provisions of this Code. The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.

104.2 Applications and permits.

In order to verify compliance with any applicable laws the Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration,

demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.

When an application for demolition of a structure is applied for and the Building Official has cause to believe that the structure may have historical significance, the application may be referred to the Library-Historical Commission for a determination of eligibility.

For the purpose of determining historical significance, any structure built prior to 1940 is presumed to be potentially significant.

An application for a demolition permit may be denied by the Building Official if the issuance of the permit would result in the destruction in whole or part of a historical resource.

104.3 Notices and orders.

The Building Official shall issue all necessary notices or orders to ensure compliance with this Code.

104.4 Inspections.

The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.

104.5 Identification.

The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.

104.6 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

104.6.1 Right of entry, exigent circumstances emergency procedures.

If the Building Official or an authorized representative has reasonable cause to believe that the conditions constitute an immediate hazard to human life or the public welfare the Building Official shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the Building Official shall first present credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

"Authorized representative" shall include the officers named in Subsection 103.3 and their authorized inspection personnel.

No person shall fail or refuse, after proper demand has been made upon such person as provided in this subsection, to promptly permit the Building Official or an authorized representative to make any inspection provided for by this section. Any person violating this subsection shall be guilty of a misdemeanor.

104.7 Department records.

The Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

104.8 Liability.

The Building Official, member of the board of appeals or employee charged with the enforcement of this Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the City Attorney until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Code.

104.9 Approved materials and equipment.

Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval.

104.9.1 Used materials and equipment.

The use of used materials which meet the requirements of this Code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official.

104.10 Modifications.

Wherever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Division of Building and Safety Services.

104.11 Alternative materials, design and methods of construction and equipment.

The provisions of this Code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in

this Code in quality, strength, effectiveness, fire resistance, durability and safety.

104.11.1 Research reports.

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this Code, shall consist of valid research reports from approved sources.

104.11.2 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records.

SECTION 105

PERMITS

105.1 Required.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit.

105.1.1 Unpermitted Structures.

No person shall own, use, occupy or maintain any "Unpermitted Structure."

For the purposes of this Code, "Unpermitted Structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time, without the required permit(s) and approvals having first been obtained from the Building Official.

105.2 Work exempt from permit.

Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds,
   playhouses and similar uses, provided the floor area does not exceed 120 square
   feet (11 m 2).
   2. Fences not over 7 feet (2.13 m) high when located in the rear yard setback area as
   defined in the Zoning Code.
   3. Oil derricks.
   4. Retaining walls that are not over 4 feet (1.22 m) in height measured from the
   bottom of the footing to the top of the wall, unless supporting a surcharge or
   impounding Class I, II or IIIA liquids.
   5. Water tanks supported directly on grade if the capacity does not exceed 5,000
   gallons (18,925 L) and the ratio of height to diameter or width does not exceed
   2:1.
   6. Sidewalks, platforms and driveways not more than 30 inches (0.76 m) above
   adjacent grade, and not over any basement or story below and are not part of an
   accessible route.
   7. Painting, papering, tiling, carpeting, counter tops and similar finish work in R-3
   occupancies.
   8. Temporary motion picture, television and theater stage sets and scenery.
   9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less
   than 24 inches (0.61 m) deep, do not exceed 5,000 gallons (18,925 L) and are
   installed entirely above ground.
   10. Shade cloth structures constructed for nursery or agricultural purposes, not
   including service systems.
   11. Swings and other playground equipment accessory to detached one- and two-
   family dwellings.
   12. Window awnings supported by an exterior wall that do not project more than 54
   inches (1,372 mm) from the exterior wall and do not require additional support of
   Group R-3 and U occupancies.
   13. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5
   feet 9 inches (1.75 m) in height.
   14. A tree house provided that:

   It does not exceed 64 square feet (5.95 m 2) in area or more than 15 ft. (4.57 m)
   in height and is accessory to a detached one- or two-family dwelling.
   The structure does not encroach into the setback requirements established by the
   City of San Leandro Zoning Code Section 2-546.

   105.3 Application for permit.

   To obtain a permit, the applicant shall first file an application therefor in writing on a form
   furnished by the Division of Building and Safety for that purpose. Such application shall:

   1. Identify and describe the work to be covered by the permit for which application
   is made.
   2. Describe the land on which the proposed work is to be done by legal description,
   street address or similar description that will readily identify and definitely locate
   the proposed building or work.
   3. Indicate the use and occupancy for which the proposed work is intended.
   4. Be accompanied by construction documents and other information as required in

5. State the valuation of the proposed work.
   6. Be signed by the applicant, or the applicant's authorized agent.
   7. Give such other data and information as required by the Building Official.

   105.3.1 Action on application.

   The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefor. If the Building Official is satisfied that the proposed work conforms to the requirements of this Code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefor as soon as practicable.

   105.3.2 Time limitation of application.

   An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official may extend the time for action based on petition by the applicant detailing circumstances beyond the control of the applicant which have prevented action from being taken. Additional extensions for periods not exceeding 180 days may be authorized. Extensions shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

   105.4 Validity of permit.

   The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is authorized to prevent occupancy or use of a structure where in violation of this Code or of any other ordinances of this jurisdiction. The Building Official may grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

   105.5 Expiration.

   Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee and permit fee. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this Code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. RESERVED SECTION 106 SECTION 107 CONSTRUCTION DOCUMENTS 107.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this Code. 107.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. 107.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this Code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.

   107.1.2 Means of egress.

   The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

   107.1.3 Exterior wall envelope.

   Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

   The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

   107.2 Site plan.

   The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

   107.3 Examination of documents.

   The Building Official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this Code and other pertinent laws or ordinances.

   107.3.1 Approval of construction documents.

When the Building Official issues a permit, the construction documents shall be marked, in writing or by stamp, with "REVIEWED FOR CODE COMPLIANCE." These are the official plans reviewed by the City of San Leandro for building permit purposes. They are required to be on the job, available to the Building Official or duly authorized representative at all times. One set of construction documents so reviewed shall be retained by the Building Official.

107.3.2 Previous approvals.

This Code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this Code and has not been abandoned.

107.3.3 Phased approval.

The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

107.3.4 Design professional in responsible charge.

107.3.4.1 General.

When it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

Where structural observation is required by Section 1704, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1705).

107.3.4.2 Deferred submittals.

For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period.

Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Building Official.

107.4 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

107.5 Retention of construction documents.

One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

SECTION 108

TEMPORARY STRUCTURES AND USES

108.1 General.

The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause.

108.2 Conformance.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this Code as necessary to ensure public health, safety and general welfare.

108.3 Temporary power.

The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the Electrical Code.

108.4 Termination of approval.

The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 109

FEES

109.1 Payment of fees.

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

Fees shall be assessed for permits and associated plan review in accordance with the fee schedule established by the San Leandro City Council as set forth in Chapter 4 of the San Leandro Administrative Code.

109.2 Permit fees.

1. General: Fees shall be assessed in accordance with the provisions of this section.
   2. Permit Fees: The fee for each permit shall be as set forth in this section. The
   determination of value or valuation under any of the provisions of this Code shall
   be made by the Building Official. The value to be used in computing the building
   permit and building plan review fees shall be the total value of all construction
   work for which the permit is issued as well as all finish work, painting, roofing,
   electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing
   systems and other permanent equipment.
   3. Plan Review Fees: When submittal documents are required by Section 107.1, a
   plan review shall be paid at the time of submitting the submittal documents for
   plan review. Said plan review fee shall be eighty percent (80%) of the building
   permit fee as set forth in the applicable fee schedule resolution adopted by the
   City Council.
   The plan review fees specified in this subsection are separate fees from the permit
   fees specified in Section 108.2(b) and are in addition to the permit fees.
   When submittal documents are incomplete or changed so as to require additional
   plan review or when the project involves deferred submittal items as defined in
   Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown
   in the fee schedule.
   4. Expiration of Plan Review: Applications for which no permit is issued within
   one hundred eighty (180) days following the date of application shall expire by
   limitation and plans and other data submitted for review may thereafter be
   returned to the applicant or destroyed by the Building Official. The Building
   Official may grant one or more extensions of time for additional periods not
   exceeding 180 days. The extension shall be requested in writing and justifiable
   cause demonstrated.
   In order to renew action on an application after expiration, the applicant shall
   resubmit plans and pay a new plan review fee.
   5. Investigation Fees—Work Without a Permit:
   (a) Investigation. Whenever any work for which a permit is required by
   this Code has been commenced without first obtaining said permit, a
   special investigation may, in the sole discretion of the Building
   Official be made before a permit may be issued for such work.
   (b) Fee. An investigation fee, in addition to the permit fee, shall be
   collected whether or not a permit is then or subsequently issued. The
   investigation fee shall be equal to the amount of the building permit
   fee required by this Code. The minimum investigation fee shall be the
   same as the minimum fee set forth by the City Council. The payment
   of such investigation fee shall not exempt any person from
   compliance with all other provisions of this Code or from any penalty
   prescribed by law.

   (c) Penalty. Whenever any work for which a permit is required by this
   Article has been commenced without first obtaining said permit, the
   Building Official may impose a penalty for said action in an amount
   equal to three (3) times the amount of the building permit fee as set
   forth in the applicable fee schedule resolution adopted by the City
   Council. Payment of any penalty imposed shall be a condition
   precedent to issuance of a building permit.
   6. Fee Refunds:
   (a) The Building Official may authorize the refunding of any fee paid
   hereunder which was erroneously paid or collected.
   (b) The Building Official may authorize the refunding of not more than
   eighty percent (80%) of the permit fee paid when no work has been
   done under a permit issued in accordance with this Code.
   (c) The Building Official may authorize the refunding of not more than
   eighty percent (80%) of the plan review fee paid when an application
   for a permit for which a plan review fee has been paid is withdrawn
   or canceled before any plan reviewing is done.
   (d) The Building Official shall not authorize the refunding of any fee
   paid except upon written application filed by the original permittee
   not later than one hundred eighty (180) days after the date of fee
   payment.

   SECTION 110

   INSPECTIONS

   110.1 General.

Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the City shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

110.2 Preliminary inspection.

Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

110.3 Required inspections.

The Building Official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10.

110.3.1 Footing and foundation inspection.

Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms and flood vent openings shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

110.3.2 Concrete slab and under-floor inspection.

Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

110.3.3 Lowest floor elevation.

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the Building Official.

110.3.4 Frame inspection.

Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing including plumbing for residential fire sprinklers, heating wires, pipes and ducts are approved.

110.3.5 Lath and gypsum board inspection.

Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

110.3.6 Fire-resistant penetrations.

Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

110.3.7 Energy efficiency inspections.

Inspections shall be made to determine compliance with Title 24, Part 6 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency, and by outside inspection agencies for required HERS testing.

110.3.8 Other inspections.

In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws that are enforced by the division of building and safety services.

110.3.9 Special inspections.

For special inspections, see Section 1704.

110.3.9.1 Residential fire sprinkler final inspection.

Inspection shall be made to determine compliance with the San Leandro Residential Code 2025 Edition Section R313.3 or NFPA 13D 2025 Edition "Standard for the Installation of Sprinkler Systems in One- and Two-family Dwellings and Manufactured Homes."

110.3.10 Final inspection.

The final inspection shall be made after all work required by the building permit is completed.

110.4 Inspection agencies.

The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

110.5 Inspection requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify

the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this Code.

110.6 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.

111.1 Use and occupancy.

SECTION 111

CERTIFICATE OF OCCUPANCY

No building or structure shall be used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the Building
Official has issued a certificate of occupancy therefore as provided herein. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation of the provisions of
this Code or of other ordinances of the jurisdiction.

111.2 Certificate issued.

After the Building Official inspects the building or structure and finds no violations of the
provisions of this Code or other laws that are enforced by the Division of Building and Safety,
the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this Code for the occupancy and division
of occupancy and the use for which the proposed occupancy is classified.
6. The name of the Building Official.
7. The edition of the Code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of Chapter 3.
9. The type of construction as defined in Chapter 6.
10. If an automatic sprinkler system is provided, whether the sprinkler system is
required.
11. Any special stipulations and conditions of the building permit.
12. The design occupant load.

111.3 Temporary occupancy.

The Building Official is authorized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the permit, provided that such portion or portions shall
be occupied safely. The Building Official shall set a time period during which the temporary
certificate of occupancy is valid.

111.4 Revocation.

The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy
or completion issued under the provisions of this Code wherever the certificate is issued in error,
or on the basis of incorrect information supplied, or where it is determined that the building or
structure or portion thereof is in violation of any ordinance or regulation or any of the provisions
of this Code.

SECTION 112

SERVICE UTILITIES

112.1 Connection of service utilities.

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this Code for which a permit is required, until released by the Building Official.

112.2 Temporary connection.

The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

112.3 Authority to disconnect service utilities.

The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the Codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

SECTION 113

BOARDS OF APPEALS

113.1 General.

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Building Board of Appeals.

The Board shall consist of three members, each of whom shall be qualified by experience and training to pass upon matters pertaining to building construction, and shall include an Architect, a Civil Engineer and a licensed General Contractor, as well as two alternates who shall be Architects or Civil Engineers.

The Building Official shall be an ex officio member and shall act as Secretary to the Board. The members of the Building Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Building Board of Appeals shall adopt reasonable rules and regulations for conducting its business.

113.2 Scope of authority.

Except as provided below, the Building Board of Appeals shall have the authority to hear appeals regarding any action of the Building Official.

The Building Board of Appeals shall have no authority relative to interpretation of the administrative portions of this Code, other than Section 116, nor shall the Board be empowered to waive requirements of this Code. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed.

The Building Board of Appeals shall document all decisions and findings in writing to the Building Official with a duplicate copy to the applicant.

113.3 Accessibility Appeals Board.

In order to conduct the hearings on written appeals regarding action taken by the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of Title 24 of the California Code of Regulations for privately-funded construction, to serve as an advisor to the Building Official on disabled access matters, there shall be an Accessibility Appeals Board as established and provided for in Section 19957.5 of the California Health and Safety Code. The Accessibility Appeals Board shall consist of five members. Two members of the appeals board shall be physically disabled persons; the remaining three members shall be the members of the Building Board of Appeals. The Building Official shall be an ex officio member and shall act as Secretary to the Board.

The Appeals Board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals shall be final and conclusive as to the Building Official in the absence of fraud or prejudicial abuse of discretion. The Board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties.

113.4 Housing Rehabilitation Appeals Board.

There shall be a Housing Rehabilitation Appeals Board as defined by Section 19957.5 of the California Health and Safety Code. The Housing Rehabilitation Appeals Board shall be comprised of the same members as the Building Board of Appeals. The Building Official shall be an ex officio nonvoting member and act as Secretary.

113.5 Building Code Enforcement Appeals Board.

In order to conduct the hearings provided for in Government Code Section 54988, there shall be a Building Code Enforcement Appeals Board. The Building Code Enforcement Appeals Board shall be comprised of the same members as the Building Board of Appeals. The Building Official shall be an ex officio nonvoting member and act as Secretary.

113.6 Fees.

A fee as set forth in Chapter 4 of the San Leandro Administrative Code shall be paid to the Building Official whenever a person requests a hearing before the appeals boards provided for in this Section.

Exception: No fee shall be required for a hearing requested pursuant to Section 116.

SECTION 114

VIOLATIONS AND PENALTIES

114.1 Compliance with Code.

It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair,

move, improve, remove, connect, convert, demolish, equip, or perform any other work on any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

114.2 Violation.

It shall be unlawful for any person to own, use, occupy or maintain any building or structure or

portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

114.3 Notice of violation.

The Building Official is authorized to serve a notice of violation or order on the property owner for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.3.1 Service.

The notice shall be served upon the record owner, in the manner hereinafter stated, and posted conspicuously on the property. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any such person or any duty or obligation imposed on him or her by the provisions of this section.

Service by certified mail in the manner herein provided shall be effective on the date of the mailing.

114.4 Penalty.

Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine in accordance with California Government Code Section 36900. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Code.

114.5 Recordation of Violation.

114.5.1 General.

The Building Official may record a notice with the County Clerk Recorder's Office that a property, building, or structure, or any part thereof, is in violation of any provision of this Code provided that the provisions of this Section are complied with. The remedy provided by this Section is cumulative to any other enforcement actions permitted by this Code.

114.6 Recordation.

If:

(1) Building Official determines that any property, building, or structure, or any part
thereof is in violation of any provision of this Code; and if
(2) Building Official gives written notice as specified below of said violation; the
Building Official may have sole discretion to, at any time thereafter, record with
the County Clerk Recorder's Office a notice that the property and/or any building
or structure located thereon is in violation of this Code.

114.7 Notice.

The written notice given pursuant to this Section shall indicate:

1. The nature of the violation(s); and
2. That if the violation is not remedied to the satisfaction of the Building Official,
the Building Official may, at any time thereafter, record with the County Clerk
Recorder's Office a notice that the property and or any building or structure
located thereon is in violation of this Code.

The notice shall be posted on the property and shall be mailed to the owner of the property as
shown on the most current County Assessment roll. The mailed notice may be by registered
certified or first-class mail.

114.8 Appeals.

Any person served a notice or interested parties under Section 114.3.1 may appeal from any
notice and order or any action of the Building Official by filing a written appeal therefrom at the
office of the Building Official within ten (10) days from the date of service of such notice and order. The written appeal request shall include, at a minimum, the names and addresses of all
appellants, a brief statement setting forth the legal interest of each of the appellants in the land
or building involved in the notice and order, a brief statement of the specific order protested and
a brief statement of the relief sought and the reasons therefor.

On receipt of such appeal, the Building Official shall set the matter for hearing before the
Building Board of Appeals. Notice of the date, hour and place of hearing shall be posted and
served at least ten (10) days before the date set for the hearing in the manner and upon the person
specified in Section 114.3.1. The notice of hearing shall order all interested parties who desire
to be heard to appear and show just cause, why the building or portion thereof involved in the
proceedings should not be repaired, vacated or demolished.

114.9 Rescission.

Any person who desires to have recorded a notice rescinding the notice of violation must
first obtain the necessary approvals and permit(s) to correct the violation. Once the Building
Official determines that the work covered by such permit(s) has been satisfactorily completed,
the Building Official may record a notice rescinding the prior notice of violation.

Following the recordation of the notice of violation the Building Official is not required to
make any inspection or review of the premises to determine the continued existence of the cited
violation. It is the responsibility of the property owner, occupant or other similarly interested
private party to comply with the above provisions.

114.10 Costs.

Any person that violates any provision of this Code shall be responsible for the costs of
any and all Building Code enforcement actions taken by the Building Official in response
to such violations. These costs shall be based on the amounts specified in the San Leandro
Administrative Code, Title 6 Chapter 4, including but not limited to any attorneys' fees and costs.

SECTION 115

STOP WORK ORDER

115.1 Authority.

Whenever the Building Official finds any work regulated by this Code being performed in a
manner either contrary to the provisions of this Code.

or dangerous or unsafe, the Building Official is authorized to issue a stop work order.

115.2 Issuance.

The stop work order shall be in writing and shall be given to the owner of the property involved,
or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the
cited work shall immediately cease. The stop work order shall state the reason for the order, and
the conditions under which the cited work will be permitted to resume.

115.3 Unlawful continuance.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

SECTION 116

UNSAFE BUILDINGS, STRUCTURES, EQUIPMENT AND UNOCCUPIED BUILDINGS

116.1 Scope.

This section contains special processes and appeal procedures to be followed for buildings, structures, equipment and unoccupied buildings that are considered to be unsafe. All unsafe conditions constitute a hazard to the health, safety and public welfare of the community.

116.2 Definitions.

116.3 Unsafe Building and Structures.

All buildings or structures which are structurally unsound or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this Code or any other effective ordinance, are, for the purposes of this chapter, unsafe buildings.

116.3.1 Unoccupied Building.

Unoccupied Building as used in this chapter shall be a building or structure that is not properly secured, locked or closed and is accessible to juveniles and transients and is a health, fire or safety hazard to the adjacent community.

116.3.2 Structures and Equipment.

Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

116.3.3 Property Owner.

Property owner as used in this Chapter shall be the last person shown on the most current County assessment roll.

116.3.3.1 Person in Charge.

Person in charge as used in this Chapter shall be the person, if any, in real or apparent charge and control of the premises involved.

116.3.4 Abandonment.

Abandonment as used in this chapter shall be the cessation of use and maintenance.

116.3.5 Declaration of an Unsafe Building.

Whenever the Building Official determines by inspection that a building or structure, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause, such building shall, for the purpose of this Chapter, be considered an unsafe building.

No person shall own, use, occupy or maintain any unsafe building.

All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the Building Official

may abate an unsafe condition by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter.

116.4 Notice of Unsafe Building.

The Building Official may examine or cause to be examined any building or structure or portion thereof reported as dangerous or damaged and if, in the Building Official's opinion, such is found to be an unsafe building as defined in this Chapter, the Building Official shall give to the property owner written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises to immediately commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof and all such work shall be completed within a specified time or date stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements be completed, inspected and approved by the Building Official.

The Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid or by posting a copy, the notice of hearing upon the property owner.

In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the structure a copy of the notice.

The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin ten days following the date of posting.

The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

A person notified to vacate an unsafe building by the Building Official shall vacate within the time specified in the order.

The Building Official may file with the County Clerk Recorder's Office a declaration that the building described has been inspected and found to be an unsafe building, as defined in this Chapter, and that the owner thereof has been so notified. After all required work has been completed; the Building Official shall file with the County Clerk Recorder's Office a properly executed form terminating the above declaration.

116.5 Order to Secure Buildings or Structures.

When the Building Official determines that any unoccupied building or structure is not properly secured, locked, or closed and is accessible to juveniles and transients, and is a health, fire, or safety hazard to the adjacent community, the Building Official shall be authorized to serve the property owner with an order to secure or close the same forthwith so as to prevent unauthorized

persons from gaining access thereto.

116.6 Posting of Signs.

The Building Official shall cause to be posted on buildings required to be vacated or remain unoccupied a notice to read substantially as follows: "DO NOT ENTER. UNSAFE TO OCCUPY. Building Official, City of San Leandro." Such notice shall be posted at the main entrance and shall be visible to persons approaching the building or structure from a street. Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or demolition of the building.

116.7 Unsafe Buildings, Structures, Equipment and Unoccupied Buildings: Hearing.

116.7.1 Right of hearing.

The property owner or the Building Official may request a hearing before the Building Board of Appeals. The request by the property owner shall be made in writing to the Building Official within 10 days of the date of the notice. The Building Official shall request a hearing prior to demolition, repair or securing of an unsafe building by the City except when such demolition, repair or securing is done under the emergency procedure set forth in this Chapter. Interested parties who desire to be heard may appear before the Building Board of Appeals to show cause why the building or structure should not be ordered repaired, vacated, secured or demolished.

116.7.2 Notice of hearing.

Not less than ten days prior to the hearing, the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid or by posting as per Section 116.7.4 a copy of the notice of hearing upon the property owner.

116.7.3 Form and contents of notice.

The notice of hearing shall state:

1. The street address and a legal description sufficient for identification of the
   premises upon which the building or structure is located.
   2. The conditions upon which the Building Official believes that the building,
   structure, equipment or unoccupied building is unsafe.
   3. The date, hour and place of the hearing.

   116.7.4 Posting of notice.

   The Building Official shall post one copy of the notice of hearing in a conspicuous place on the unsafe building, structure, equipment or unoccupied building involved, not less than ten days prior to the hearing.

   116.7.6 Hearing by Building Board of Appeals.

   The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

   The Building Board of Appeals shall make written findings of fact as to whether or not the
   building or structure is an unsafe building as defined in this Chapter.

   116.7.7 Order.

   If the Building Board of Appeals finds that the building, structure, equipment or unoccupied
   building is an unsafe building, it shall make an order based on its finding that:

   1. The building, structure, equipment or unoccupied building is unsafe and
   directing that repairs be made and specifying such repairs, or
   2. The building, structure, equipment or unoccupied building is unsafe and
   directing that it be vacated and that specified repairs be made, or
   3. The building, structure, equipment or unoccupied building is unsafe and
   directing that it shall be vacated and demolished.

   The order shall state the time within which the work required must be commenced after the
   service of the order. The order shall state a reasonable time within which the work shall be
   completed. The Building Official for good cause, may extend the time for completion in writing.

   The order shall be served upon the same parties and in the same manner as required by Section
   116.7.2 for the notice of hearing. It shall also be conspicuously posted on or about the building
   or structure.

   116.7.8 Work by the City: Unsafe Buildings, Structures, Equipment and Unoccupied
   Buildings: Demolition or Repair and Securing.

   If the repairs, securing or demolition actions necessary to remove the unsafe condition as set
   forth in the Notice of Unsafe Building are not made within the designated period and a hearing
   has not been requested by the property owner, the Building Official shall request that a hearing
   be held regarding the unsafe condition.

If the findings of the Building Board of Appeals are not complied with in the period designated by the Board, the Building Official may then demolish, secure or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the Building Board of Appeals. The costs of demolition, security, repair, or any work to the extent necessary to eliminate the hazard shall be charged to and a responsibility of the property owner. Failure to make payment shall subject the property to lien for the costs unpaid.

116.7.8.1 Emergency procedure.

Whenever any portion of a structure constitutes an immediate hazard to life or property, and in the opinion of the Building Official, the conditions are such that repairs, securing or demolition must be undertaken within less than the designated period, the Building Official may make such alterations or repairs, secure or demolish such portions of the structures as are necessary to protect life or property, or both, after giving such notice to the property owner as the circumstances will permit or without any notice whatever when, in the Building Official's opinion, immediate action is necessary.

116.7.8.2 Costs.

The costs involved in Sections 116.7.8 and 116.7.8.1 of such demolition, securing or repair, including the entire cost of the services rendered by the City, shall be subject to lien for nonpayment after reasonable demands for payment against the property upon which the structure stands. The Building Official shall notify, in writing, the property owner of the amount of the costs resulting from such work. Within thirty (30) days of the receipt of such notice, the property owner may file with the Building Official a written request for a hearing.

The Building Board of Appeals thereupon shall set the matter for hearing; give such property owner notice thereof as provided in Section 116.7.2; hold such hearing and determine the reasonableness or correctness of the assessment, or both; and if requested, determine the necessity of the demolition or repairs. The Building Board of Appeals, in writing, shall notify the property owner of its decision.

116.7.8.3 Recordation of costs.

If the total costs determined as provided for in this section are not paid in full within 45 days after receipt of such notice from the Building Official or the Building Board of Appeals, as the case may be, the Building Official shall record in the office of the Clerk Recorder a statement of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a lien against the parcel.

The lien shall be collected at the same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All the laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such lien.

116.7.8.4 Interference prohibited.

A person shall not obstruct, impede, or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the Building Board of Appeals to be repaired, vacated and repaired, or vacated and demolished or removed, whenever the Building Official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this Chapter, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

116.7.8.5 Prosecution.

In case the owner shall fail, neglect or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof, the Building Official shall cause the owner of the building to be prosecuted as a violator of this Code.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 7-5-113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

Pedestrian walkways over public property shall be subject to the approval of the City. Notwithstanding the preceding sentence, sidewalk arcades on public property in an established redevelopment project area need not be considered as adjacent buildings for the provisions of this Chapter, provided that the arcades are of not less than one-hour fire resistive construction or are constructed entirely of noncombustible materials, fire retardant treated wood or heavy timber construction with two-inch nominal sheathing, or a combination of the above materials.

DESIGN CATEGORY OF CRC CHAPTER 6 (WALL CONSTRUCTION).

(a) Table R602.10.3(3) Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:

Add a new "f" footnote notation to the end of CRC Table R602.10.3(3). To read:

f. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use

of Method PCP is limited to one-story single-family dwellings and accessory structures.

(b) Add the "f" footnote notation in the title of Table R602.10.3(3) to read:

TABLE R602.10.3(3)f

(c) Subsection R602.10.4.4, to read:

R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and

D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single-family dwellings and accessory structures.

(a) When a hazardous material has multiple hazards, all hazards shall be addressed and controlled in accordance with the provisions of this chapter. When overhead noncombustible construction is provided for sheltering exterior hazardous material storage areas, such storage shall not be considered indoor storage when all of the following conditions are met:

(1) Supports shall be of noncombustible construction.

(2) Supports and walls shall not obstruct more than 25% of the perimeter of the storage area.

(3) The distance to buildings, property lines, streets, alleys, public ways or exits to a public way shall not be less than the distance required for an exterior hazardous material storage area without weather protection.

Section 414.6.1.3 of the 2022 California Building Code is added to read as follows:

414.6.1.3 Non-combustible construction. The overhead structure shall be of approved noncombustible construction with a maximum area of 3,000 square feet (140m 2).

(a) Section 1612.3 of the 2025 California Building Code is amended to read as follows.

Section 1705.3 of the 2025 California Building Code is amended as follows:

Section 1704.6.1 of the 2025 California Building Code is amended by adding new item 6 and exception to read as follows:

6. Structural observations of the lateral system shall be provided for all new commercial, industrial, and multifamily buildings and all new single-family dwelling on hillsides.

Exception: Structural observations of the lateral system may be waived for one- and two-story wood residential structures when such structures are in full compliance with conventional light frame construction of Chapter 23 of the California Building Code or the California Residential Code.

Sections 1803.8, 1803.9 and 1803.10 are added to the 2025 California Building Code to read as follows:

Section 1807.1.6 of the 2025 California Building Code is amended to read as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

(a) The last paragraph of Section 1905.1.2 of the 2025 California Building Code is amended to read as follows:

All special moment frames and special structural walls shall also satisfy Sections 18.2.4 through 18.2.8. Concrete tilt-up wall panels classified as intermediate precast structural wall system shall satisfy Section 18.10.1 in addition to Sections 18.5.2.1 and 18.5.2.2 for structures assigned to Seismic Design Category D, E or F.

(b) 1905.1.7 ACI 318, Section 14.1.4 of the 2025 California Building Code is amended in its entirety to read as follows:

(a) Section 4.3.4 of SDPWS 2015 Edition is amended as follows:

Delete rows 5 and 6 of Table 4.3.4.

(b) Section 2306.3 of the California Building Code, 2025 is amended as follows:

Title 24, California Existing Building Code, Part 10, Sections 404.2.4 through 404.2.4.2 and Tables 404.2.4.1 and 404.2.4.2 are added as follows:

404.2.4 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and
design shall be based on the procedures specified in the California Building Code, ASCE
31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic
Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code shall be permitted to be used as specified in Section
3405.5.1.1.3.

404.2.4.1 Compliance with CBC level seismic forces. Where compliance with the seismic
design provisions of the California Building Code is required, the procedures shall be in
accordance with one of the following:

1. One-hundred percent of the values in the California Building Code. Where the
existing seismic force-resisting system is a type that can be designated as
"Ordinary," the values of R, Ωo, and Cd used for analysis in accordance with
Chapter 16 of the California Building Code shall be those specified for
structural systems classified as "Ordinary" in accordance with Table 12.2-1 of
ASCE 7, unless it is demonstrated that the structural system will provide
performance equivalent to that of a "Detailed," "Intermediate" or "Special"
system.
2. Compliance with ASCE 41 using both BSE-1 and BSE-2 earthquake hazard
levels and the corresponding performance levels in Table 404.2.4.1.

TABLE 404.2.4.1 - Please see attachment A

PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES

404.2.4.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation
and design is permitted to meet reduced California Building Code seismic force levels, the
procedures used shall be in accordance with one of the following:

1. The California Building Code using 75 percent of the prescribed forces.
Values of R, Ωo, and Cd used for analysis shall be as specified in Section
3405.2.4.1 Item 1.
2. Structures or portions of structures that comply with the requirements of the
applicable chapter in Appendix A of the International Existing Building Code
as specified in Items 2.1 through 2.5 below shall be deemed to comply with
this section.

Title 24, California Existing Building Code, Part 10, Section 407 is amended as follows.

407.1 Conformance. No change shall be made in the use or occupancy of any building unless such building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes in use or occupancy in a building or portion thereof shall be such that the existing building is no less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

407.1.1 Change in the character of use. A change in occupancy with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable California Codes, without approval of the building official. Compliance shall be only as necessary to meet the specific provisions and is not intended to require the entire building be brought into compliance.

Article 2

Expedited Streamlined Permitting Process for Small Residential Rooftop Solar

Systems(Legislative History: Ordinance No. 2015-013, 10/19/15 (Sections 7-5-205—7-5-230))

Editor's Note: Article 2, Dangerous Building Code previously codified herein and derived from Ordinance Nos. 85-027, 8/19/85; 89-027, 1/2/90; 92-019, 9/8/92; 95-024, 11/6/95 (Sections 7-5-200—7-5-265); 99-011, 6/21/99 (Sections 7-5-200—7-5-265); 2002-12, 9/16/ 02 (Sections 7-5-200—7-5-265); 2002-032, 12/9/02 (Section 7-5-220); 2007-024, 11/5/07 (Sections 7-5-200—7-5-265); 2010-014, 11/15/10 (Sections 7-5-200—7-5-265), was repealed by Ordinance No. 2013-010, 11/18/13.

A "solar energy system" means either of the following:

(1) Any solar collector or other solar energy device whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for space heating, space cooling,
electric generation, or water heating.

(2) Any structural design feature of a building, whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for electricity generation, space heating
or cooling, or for water heating.

A "small residential rooftop solar energy system" means a solar energy system which meets all
of the following criteria:

(1) Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(2) Conforms to all applicable State fire, structural, electrical, and other building codes as
adopted or amended by the City, and all State and City health and safety standards.

(3) Is installed on a single- or duplex-family dwelling.

(4) Contains a solar panel or module array that does not exceed the City's maximum legal
building height.

"Electronic submittal" means the utilization of one or more of the following:

(1) Email;

(2) The Internet;

(3) Facsimile.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete.

"Reasonable restrictions" on a solar energy system are those restrictions that do not significantly
increase the cost of the system or significantly decrease its efficiency or specified performance,
or that allow for an alternative system of comparable cost, efficiency, and energy conservation
benefits.

"Significantly increase the cost of the system or decrease its efficiency or specified performance" means:

(1) For water heater systems or solar swimming pool heating systems: an increase in the cost
of the system as originally proposed exceeding the lesser of 10% or One thousand dollars,
or a decrease in the efficiency of the solar energy system as originally proposed by more
than 10%.

(2) For photovoltaic systems: an increase in the cost of the system as originally proposed
exceeding One thousand dollars, or a decrease in system efficiency exceeding 10%.

The purpose of the Article is to adopt an expedited, streamlined solar permitting process for small residential rooftop solar energy systems that complies with the requirements of State law.

(a) This Article applies to the permitting of all small residential rooftop solar energy systems in the City.

(b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this Article are not subject to the requirements of this Article unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or likekind replacements shall not require a permit.

(a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City.

(b) Solar energy systems for heating water in single-family residences and for heating water in
commercial or swimming pool applications shall be certified by an accredited listing
agency as defined by the California Plumbing and Mechanical Code.

(c) Solar energy systems for producing electricity shall meet all applicable safety and
performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission
regarding safety and reliability.

(a) All documents required for the submission of an expedited solar energy system application shall be made available on the City's publicly accessible website.

(b) Applicants may submit the required permit application and documents in person at the
City's permit center or via electronic submittal.

(c) An applicant's electronic signature shall be accepted on all forms, applications, and other
documents in lieu of a wet signature.

(d) The City's Building Official shall adopt a standard plan and checklist of all requirements
with which small residential rooftop solar energy systems shall comply to be eligible for
expedited review.

(e) The small residential rooftop solar system permit process, standard plan(s), and checklist(s)
shall substantially conform to recommendations for expedited permitting, including the
checklist and standard plans contained in the most current version of the California Solar
Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(f) All fees prescribed for the permitting of small residential rooftop solar energy systems must
comply with Government Code Section 65850.55, Government Code Section 66015,
Government Code Section 66016, and State Health and Safety Code Section 17951.

(a) The City's Building Official shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Building Official shall issue a building permit or other nondiscretionary permit as soon as practical upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Building Official may require an applicant to apply for a use permit if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.

(b) The Building Official's review of the application shall be limited to review of whether the
application meets all local, State, and Federal health and safety requirements.

(c) If a use permit is required, the Building Official may deny an application for the use permit
only if the Building Official makes written findings based upon substantive evidence in the
record that the proposed installation would have a specific, adverse impact upon public
health or safety and there is no feasible method to satisfactorily mitigate or avoid the
adverse impact. Such findings shall include the basis for the rejection of the potential
feasible alternative for preventing the adverse impact. Such decisions may be appealed to
the Planning Commission.

(d) Any condition imposed on an application by the Building Official shall be designed to
mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(e) A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact"
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed
by the City, on another similarly situated application in a prior successful application for a
permit. The City shall use its best efforts to ensure that the selected method, condition, or
mitigation does not significantly increase the cost of the system or decrease its efficiency
or specified performance.

(f) If an application is deemed incomplete, the Building Official shall send the applicant a
written correction notice detailing all deficiencies in the application and any additional
information or documentation required to be eligible for expedited permit issuance.

(g) Only one inspection shall be required and performed by the Building and Safety Services
Department for small residential rooftop solar energy systems eligible for expedited
review.

(h) The inspection shall be done in a timely manner and should include consolidated
inspections. To the extent possible, an inspection shall be scheduled within five business
days of a request and provide a two hour inspection window.

(i) If a small residential rooftop solar energy system fails inspection, a subsequent inspection
is authorized and the subsequent inspection need not conform to the requirements of this
Article.

Article 3
Property Maintenance Code(Legislative History: Ord. No. 2016-015, 12/5/16; Ord. No.
2022-014, 12/5/22 (Sections 7-5-300—7-5-325); Ord. No. 2025-016, 12/1/2025 (Sections
7-5-300—7-5-325))

Except as otherwise specifically set forth herein, the "2018 Property Maintenance Code" published by the International Code Council, is hereby adopted as the "Property Maintenance Code" of the City of San Leandro. In the event an amendment to the 2018 Property Maintenance Code results in differences between these building standards and the 2018 Property Maintenance Code, the text of these building standards shall govern. At least one true copy of the 2018 Property Maintenance Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 7-5-113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

Any building or portion thereof including any dwelling unit, guest room or suite of rooms or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall have deemed and hereby is declared to be a substandard building:

(a) Inadequate sanitation shall include, but not be limited to, the following:

(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of
guests in a hotel.

(3) Lack of, or improper kitchen sink.

(4) Lack of hot and cold running water to plumbing fixtures in a hotel.

(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(6) Lack of adequate heating.

(7) Lack of, or improper operation of required ventilating equipment.

(8) Lack of minimum amounts of natural light and ventilation required by this Code.

(9) Room and space dimensions less than required by this Code.

(10) Lack of required electrical lighting.

(11) Dampness of habitable rooms.

(12) Infestation of insects, vermin, or rodents as determined by the Health Officer.

(13) General dilapidation or improper maintenance.

(14) Lack of connection to required sewage disposal system.

(15) Lack of adequate garbage and rubbish storage and removal facilities as determined by
the Health Officer.

(b) Structural hazards shall include, but not be limited to, the following:

(1) Deteriorated or inadequate foundations.

(2) Defective or deteriorated flooring or floor supports.

(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.

(4) Members of walls, partitions, or other vertical support that split, lean, list, or buckle
due to defective material or deterioration.

(5) Members of walls, partitions, or other vertical supports that are of insufficient size to
carry imposed loads with safety.

(6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members
that sag, split, or buckle due to defective material or deterioration.

(7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that
are of insufficient size to carry imposed loads with safety.

(8) Fireplaces or chimneys that list, bulge, or settle due to defective material or
deterioration.

(9) Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety.

(c) Any nuisance.

(d) All wiring, except that which conformed with all applicable laws in effect at the time of
installation if it is currently in good and safe condition and working properly.

(e) All plumbing, except that which conformed with all applicable laws in effect at the time of
installation and that has been maintained in good condition, or that may not have
conformed with all applicable laws in effect at the time of installation but is currently in
good and safe condition and working properly, and which is free of cross connections and
siphonage between fixtures.

(f) All mechanical equipment, including vents, except that which conformed with all
applicable laws in effect at the time of installation and which has been maintained in good
and safe condition, or which may not have conformed with all applicable laws in effect at
the time of installation but is currently in good and safe condition and working properly.

(g) Faulty weather protection, which shall include, but not be limited to, the following:

(1) Deteriorated, crumbling, or loose plaster.

(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or
floors, including broken windows or doors.

(3) Defective or lack of weather protection for exterior wall coverings, including lack of
paint, or weathering due to lack of paint or other approved protective covering.

(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

(h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or
vegetation which, in the opinion of the Chief of the Fire Department or deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and
intensity of fire or explosion arising from any cause.

(i) All materials of construction, except those which are specifically allowed or approved by
this Code, and which have been adequately maintained in good and safe condition.

(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter,
debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and
similar materials or conditions constitute fire, health, or safety hazards.

(k) Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the Building Code.

(l) All buildings or portions thereof not provided with adequate exit facilities as required by
this code, except those buildings or portions thereof whose exit facilities conformed with
all applicable laws at the time of their construction and which have been adequately
maintained and increased in relation to any increase in occupant load, alteration or addition,
or any change in occupancy.

When an unsafe condition exists through lack of, or improper location of, exits, additional
exits may be required to be installed.

(m) All buildings or portions thereof which are not provided with the fire-resistive construction
or fire-extinguishing systems or equipment required by this Code, except those buildings
or portions thereof which conformed with all applicable laws at the time of their
construction and whose fire-resistive integrity and fire-extinguishing systems or equipment
have been adequately maintained and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.

(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes
which were not designed or intended to be used for such occupancies.

(o) Inadequate structural resistance to horizontal forces.
However, a condition which would require displacement of sound walls or ceilings to meet
height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself
be considered sufficient existence of dangerous conditions making a building a substandard
building, unless the building was constructed, altered, or converted in violation of such
requirements in effect at the time of construction, alteration, or conversion.

Article 4
Mechanical Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections
7-5-400—7-5-420)2)

Except as otherwise specifically set forth herein, the "2025 California Mechanical Code," California Code of Regulations, Title24, Part 4, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the "Mechanical Code" of the City of San Leandro. In the event an amendment to the 2025 California Mechanical Code results in differences between the building standards set forth in this Article and the California Mechanical Code, the text of this Article shall govern. At least one true copy of the California Mechanical Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

2. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

   Article 5

Electrical Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections 7-5-500—7-5-520)3)

Except as otherwise specifically set forth herein, the "2025 California Electrical Code," California Code of Regulations, Title24, Part 3, as published by the National Fire Protection Association, is hereby adopted as the "Electrical Code" of the City of San Leandro. In the event an amendment to the 2025 California Electrical Code results in differences between the building standards set forth in this Article and the California Electrical Code, the text of this Article shall govern. At least one true copy of the California Electrical Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

3. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

   Article 6

   Green Building Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections 7-5-600—7-5-625)4)

Except as otherwise specifically set forth herein, the "2025 California Green Building Standards Code," California Code of Regulations, Title 24, Part 11, as published by the International Code Council, is hereby adopted as the "Green Building Code" of the City of San Leandro. In the event an amendment to the 2025 California Green Building Standards Code results in differences between the building standards set forth in this Article and the Green Building Standards Code, the text of this Article shall govern. At least one true copy of the California Green Building Standards Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

(a) Chapter 2. DEFINITIONS — Amended.

(1) Section 202. Definitions is amended to add the following definitions:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units
below market rate and whose rents or sales prices are governed by local agencies to
be affordable based on area median income.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment
or plumbing for combustion equipment serving space heating (including fireplaces),
water heating (including pools and spas), cooking appliances (including barbeques),

4. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

and clothes drying, within the building or building property lines, and instead uses
electric heating appliances for service.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space
heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment
used in a food establishment for heat-processing food or utensils and that produces
grease vapors, steam, fumes, smoke, or odors that are required to be removed through
a local exhaust ventilation system, as defined in the California Mechanical Code.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with
electrical infrastructure that meets the following conditions:

i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
i. Electric vehicle supply equipment (EVSE) located within three (3)
feet of the parking space providing a minimum capacity of
80-ampere.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to
create a warm environment by the application of electric power to resistance
elements, refrigerant compressors, or dissimilar material junctions, as defined in the
California Mechanical Code.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that
includes installation of electric vehicle supply equipment (EVSE) at an EV Ready
space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE
shall be installed in accordance with the California Electrical Code, Article 625.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of
these.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit
with the following requirements:

i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/ 240 volt, 40- ampere) at each parking space.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:

i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit. iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE." iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit
with the following requirements:

i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle
supply equipment located within three (3) feet of the parking space.
If EVSE is provided the minimum capacity of the EVSE shall be
30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a
complete electric circuit with the following requirements:

i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere. iii. Conduit oversized to accommodate future Level 2 EV Ready (208/ 240 volt, 40-ampere) at each parking space.

(2) Section 202. Definitions is amended to delete the following definitions, in their entirety:

ELECTRIC VEHICLE (EV) READY SPACE. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

ELECTRIC VEHICLE (EV) CAPABLE SPACE. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

(3) Section 202. Definitions is amended to revise the definitions stated below as follows:

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

(b) Chapter 3. GREEN BUILDING — Amended (The Reach Codes were repealed.)

(1) Section 301.1.1 Additions and alterations. [HCD] — Amended.

301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.

The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

(c) Chapter 4. RESIDENTIAL MANDATORY MEASURES — Amended.

(1) Section 4.106.4 — Amended.

Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

(3) Section 4.106.4.2 — Amended.

spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

Exceptions:

Affordable housing shall comply with the following instead.

1. Fifteen percent (15%) of dwelling units with parking spaces shall
be EVCS with Level 2 EV Ready. ALMS shall be permitted to
reduce load when multiple vehicles are charging.
2. Twenty-five percent (25%) of dwelling units with parking spaces
shall be provided with a Low Power Level 2 EV Ready space.
3. Sixty percent (60%) of dwelling units with parking spaces shall be
provided with at minimum a Level 1 EV Ready space.

(4) Section 4.106.4.2.1 — Deleted in its entirety.

(5) Section 4.106.4.2.2 — Deleted in its entirety.

(6) Section 4.106.4.3 — Amended.

stations required by Section 4.106.4.2 shall comply with Section 4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

(7) Section 4.106.4.3 — Amended.

1. The charging space shall be located adjacent to an accessible
   parking space meeting the requirements of the California Building
   Code, Chapter 11A, to allow use of the EV charger from the
   accessible parking space.
   2. The charging space shall be located on an accessible route, as
   defined in the California Building Code, Chapter 2, to the building.

   Exception: Electric vehicle charging stations designed and constructed in compliance
   with the California Building Code, Chapter 11B, are not required to comply with
   Section 4.106.4.3.1 and Section 4.106.4.3.2.

   (8) Section 4.106.4.2.2.1.2 — Amended.

following:

1. The minimum length of each EV space shall be 18 feet (5,486 mm).
2. The minimum width of each EV space shall be 9 feet (2,743 mm).
3. One in every 25 charging spaces, but not less than one, shall also
have an 8-foot (2,438 mm) wide minimum aisle. A 5-foot (1,524 mm)
wide minimum aisle shall be permitted provided the minimum width
of the EV space is 12 feet (3,658 mm).

Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48
units horizontal (2.083 percent slope) in any direction.

Exception: Where the City's Municipal or Zoning Code permits parking space
dimensions that are less than the minimum requirements stated in this Section
4.106.4.3.2, and the compliance with which would be infeasible due to particular
circumstances of a project, an exception may be granted while remaining in
compliance with California Building Code Section Table 11B-228.3.2.1 and
11B-812, as applicable.

(9) Section 4.106.4.2.2.1.3 — Deleted in its entirety.

(10) Section 4.106.4.2.3 — Deleted in its entirety.

(11) Section 4.106.4.2.4 — Deleted in its entirety.

(12) Section 4.106.4.2.5 — Deleted in its entirety.

(13) Section 4.106.4.3 — Deleted in its entirety.

(14) The following Sections are added to Chapter 4, as follows:

up to five (5) EVCS to meet the requirements of Sections 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

accommodate installation of electric heating appliances.

buildings. Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of new construction shall be made by the local enforcing agency.

Exceptions:

1. Multifamily residential and residential mixed-use building projects
that have applied for or received entitlements before the effective
date of this ordinance may utilize combustion equipment.
2. Attached Accessory Dwelling Units may utilize combustion
equipment.
3. If an applicant for a building project that does not qualify for an
exception establishes that there is not an all-electric prescriptive
compliance pathway for the building under the California Building
Energy Efficiency Standards, and that the building is not able to
achieve the performance compliance standard applicable to the
building under the Energy Efficiency Standards using commercially
available technology and an approved calculation method, then the
local enforcing agency may grant a modification. The applicant shall
comply with Section 4.106.5.2.
4. The City of San Leandro shall have the authority to approve alternative
materials, design and methods of construction or equipment per
California Building Code Section 104.

Where combustion equipment is allowed per Exceptions under Section 4.106.5.1.3, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve
all electrical heating appliances in accordance with manufacturer
requirements and the California Electrical Code, including the
appropriate voltage, phase, minimum amperage, and an electrical
receptacle or junction box within five feet of the appliance that is
accessible with no obstructions. Appropriately sized conduit may be
installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be
with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch
circuit, appropriately labeled (i.e "Reserved for Future Electric
Range"), and positioned on the opposite end of the panel supply
conductor connection; and

4. Connected subpanels, panelboards, switchboards, and busbars shall
be sized to serve the future electrical heating appliances. The
electrical capacity requirements shall be adjusted for demand factors
in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including
equipment footprint, and if needed a pathway reserved for routing
of ductwork to heat pump evaporator(s), shall be depicted on the
construction drawings. The footprint necessary for future electrical
heating appliances may overlap with non-structural partitions and
with the location of currently designed combustion equipment.

(d) Chapter 5. NONRESIDENTIAL MANDATORY MEASURES — Amended.

(1) Section 5.106.5.3 — Amended.

Except as otherwise specifically set forth herein, the "2025 California Energy Code," California Code of Regulations, Title 24, Part 6, as published by the International Code Council, is hereby adopted as the "Energy Code" of the City of San Leandro. In the event an amendment to the 2025 California Energy Code results in differences between the building standards set forth in this Article and the California Energy Code, the text of this Article shall govern. At least one true copy of the California Energy Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

5. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

   Article 8

   Fire Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections 7-5-800, 7-5-810)6)

Except as hereafter specifically set forth, the "California Fire Code, 2025 Edition," published by the International Code Council with Sections 101, 103.2, 104, 105.2.3, 108.503 and Appendix Chapters B and C is hereby adopted as the Fire Code of the City of San Leandro. However, in accordance with California Government Code Section 50022.4, no penalty clauses are adopted by reference. In the event an amendment to the California Building Standards Code results in differences between these building standards and the California Building Standards Code, the text of these building standards shall govern. In accordance with California Health and Safety Code Section 17958.7, express findings that modification to the California Building Standards Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to the effective date of the ordinance codified in this Article. In accordance with California Government Code Section 50022.6, at least one true copy of the California Fire Code has been on file with the San Leandro City Clerk 15 days prior to the enactment of the ordinance codified in this Chapter. While this Chapter is in force, a true copy of the California Fire Code shall be kept for public inspection in the office of the San Leandro City Clerk.

(a) 101.1 Title—Amended.

These regulations shall be known as the Fire Code of San Leandro, hereinafter referred to
as "this code."

(b) 103.2 Appointment—Amended.

The fire code official shall be appointed by the fire chief serving the City of San Leandro.

(c) 104.7 Official records—Amended.

The City of San Leandro shall keep official records as required Sections 104.7.1, 104.7.2,
104.7.4, 104.7.5, and 107.4.7.6. Such official records shall be retained for not less than
five years or for as long as the structure or activity to which such records relate remains in
existence, unless otherwise provided by other regulations.

104.7.1 Approvals. A record of approvals shall be maintained by the City of San Leandro
Building Department and shall be available for public inspection during business hours in
accordance with applicable laws.

104.7.2 Inspections. The City of San Leandro Building Department shall keep a record
of each inspection made, including notices and orders issued, showing the findings and
disposition of each.

104.7.3 Fire records. The fire department shall keep a record of fires occurring within the
City of San Leandro and of facts concerning the same, including statistics as to the extent
of such fires and the damage caused thereby.

6. Editor's Note: This ordinance also repealed Ord. No. 2019-018 and Ord. No. 2022-014.

104.7.4 Code alternatives and modifications. Application for modification, alternative
methods or materials and the final decision of the fire code or building official shall be
in writing and shall be officially recorded in the permanent records of the City of San
Leandro.

104.7.5 Tests. The City of San Leandro shall keep a record of tests conducted to comply
with Sections 104.2.2.4 and 104.2.3.5.

104.7.6 Fees. The City of San Leandro shall keep a record of fees collected and refunded
in accordance with the City San Leandro Master Fee Schedule.

(d) 105.1.2 Types of permits—Amended.

There shall be two types of permits as follows:

1. Operational permit. An operational permit allows the applicant to conduct an
operation or a business for which a permit is required by Section 105.5 until said
permit is revoked by the fire department.

2. Construction permit. A construction permit allows the applicant to install or modify
systems and equipment for which a permit is required by Section 105.6.

(e) 108.2 Schedule of permit fees—Amended. Fees shall be assessed for permits and associated plan review in accordance with the fee schedule established by the San Leandro City Council as set forth in Chapter 4 of the San Leandro Administrative Code.

(f) 108.6 Refunds—Amended. Shall be in accordance with the provisions in Section 109 of
the San Leandro Building Code.

(g) 113.4 Violation penalties—Amended. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of the
fire code official, or of a permit or certificate used under provisions of this code, shall be
subject to penalties as prescribed by law.

113.4.1 Abatement of violation. In addition to the imposition of the penalties herein
described, the fire code official is authorized to institute appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation; or to prevent illegal
occupancy of a structure or premise; or to stop an illegal act, conduct of business or
occupancy or a structure on or about any premise.

(h) 903.2.1.1 Group A-1—Amended. An automatic sprinkler system shall be provided for fire
areas containing Group A-1 occupancies and intervening floors of the building where one
of the following conditions exists:

1. The fire area exceeds 5,000 square feet (697 m 2), or

2. The fire area has an occupant load of 300 or more, or

3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies, or

4. The Fire area contains a multi-theater complex, or

(i) 903.2.1.2 Group A-2—Amended. An automatic sprinkler system shall be provided for fire
areas containing Group A-2 occupancies and intervening floors of the building where one
of the following conditions exists:

1. The fire area exceeds 5,000 square feet (465 m 2), or

2. The fire area has an occupant load of 100 or more, or

3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies, or

(j) 903.2.1.3 Group A-3—Amended. An automatic sprinkler system shall be provided for fire
areas contain Group A-3 occupancies and intervening floors of the building where one of
the following conditions exists:

1. The fire area exceeds 5,000 square feet (697 m 2), or

2. The fire area has an occupant load of 300 or more, or

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies, or (k) 903.2.1.4 Group A-4—Amended. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (697 m 2, or 2. The fire area has an occupant load of 300 or more, or 3. The fire area is located on a floor other than a level of exist discharge serving such occupancies, or (l) 903.2.2 Group B Occupancies—Amended. An automatic sprinkler system shall be provided in Group B occupancies where the floor area exceeds 5,000 square feet (697 m 2). and as required is Sections 903.2.2.1 and 903.2.2.2. (m) 903.2.3 Group E—Amended. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 5,000 square feet (697 m 2) in area. 2. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. 3. In rooms or areas with special hazards such as laboratories, vocational shops and other areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored. (n) 903.2.4 Group F-1—Amended. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 5,000 square feet (697 m 2). 2. A Group F-1 fire area is located more than three stories above the grade plane. 3. A Group F-1 occupancy is used to manufacture lithium-ion or lithium metal batteries. 4. A Group F-1 occupancy is used to manufacture vehicles, energy storage systems or equipment containing lithium-ion or lithium metal batteries where the batteries are installed as part of the manufacturing process. 5. Throughout a Group F-1 fire area that contains woodworking operations in excess of 2,500 square feet (232 m 2). 6. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m 2). 7. Throughout a Group F-1 fire area used for the manufacture of distilled spirits.

(o) 903.2.7 Group M—Amended. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet (697 m 2), or

2. A Group M fire area is located more than three stories above grade plane, or

3. When the overall height of the building exceeds 30 feet.

(p) 903.2.7.1 High-piled storage—Amended. An automatic sprinkler system shall be provided
as required in Chapter 32 in all buildings of Group M where storage of merchandise is in
high-piled or rack storage arrays.

903.2.7.3 Lithium-ion or lithium metal battery storage. An automatic sprinkler system
shall be provided in a room or space within a Group M occupancy where required for the
storage of lithium-ion or lithium metal batteries by Section 320 or Chapter 32.

(q) 903.2.9 Group S-1—Amended. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S-1 occupancy where one of the following
conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet (697 m 2).

2. A Group S-1 Fire area is located more than three stories above grade plane.

3. A Group S-1 occupancy used for the storage of lithium-ion or lithium metal powered
vehicles where the fire area area exceeds 500 square feet (46.4 m 2).

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided
throughout all buildings used as repair garages in accordance with Section 406.8 of
the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including
basements, with a fire area containing a repair garage exceeding
5,000 square feet (697 m 2).
2. Buildings not more than one story above grade plane, with a fire
area containing a repair garage exceeding 5,000 square feet (697
m 2).
3. Buildings with repair garages servicing vehicles parked in
basements.
4. A Group S-1 fire area used for the repair of commercial motor
vehicles where the fire area exceeds 5,000 square feet (465 m 2).
5. A Group S-1 fire area used for the storage of lithium-ion or lithium
metal powered vehicles where the fire area exceeds 500 square feet
(46.4 m 2).

4. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for the
storage of tires exceeds 20,000 cubic feet (566 m 3) shall be equipped throughout with
an automatic sprinkler system in accordance with Section 903.3.1.1.

903.2.9.3 Group S-1 distilled spirits or wine. An automatic sprinkler system shall
be provided throughout a Group S-1 fire area used for the bulk storage of distilled
spirits or wine.

903.2.9.4 Group S-1 upholstered furniture and mattresses. An automatic sprinkler
system shall be provided throughout a Group S-1 fire area where the area used for the
storage of upholstered furniture or mattresses exceeds 2,5000 square feet (232 m 2).

(r) 903.2.10 Group S-2 enclosed parking garages—Amended.

An automatic sprinkler system shall be provided throughout buildings classified as
enclosed parking garages in accordance with Section 406.6 of the California Building Code
where one of the following conditions exists:

1. Where the fire area of the enclosed parking garage exceeds 5,000 square feet (697m 2).

2. Where then enclosed parking garage is located beneath other groups.

903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be
provided throughout buildings used for storage of commercial motor vehicles where
the fire area exceeds 5,000 square feet (465 m 2).

903.2.10.2 Mechanical-access enclosed parking garages. An approved automatic
sprinkler system shall be provided throughout buildings used for the storage of motor
vehicles in a mechanical-access enclosed parking garage. The portion of the building
that contains the mechanical-access enclosed parking garage shall be protected with a
specially engineered automatic sprinkler system.

(s) 903.6 Where required in existing buildings and structures—Amended.

The provisions of this section are in addition to those requirements set forth in Chapter

11. Fire sprinklers shall be installed in existing commercial occupancies when any of the
following exist:

1. Whenever an addition is made to an existing building causing the total square footage of the building to exceed 5,000 square feet (697 m 2). The entire building shall be equipped with sprinklers. 2. When a change in occupancy or use to more hazardous occupancy type occurs, the structure will be required to meet the requirements as set forth for new construction for the new occupancy classification. In residential occupancies, fire sprinklers shall be installed when there is an addition that result in the fire area square footage exceeding 3600 square feet (334 m 2) including any attached U occupancies or garages. Storage is prohibited in areas designated as residential within the San Leandro city limits. Article 9 Plumbing Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections 7-5-900—7-5-930)7)

Except as otherwise specifically set forth herein, the "2025 California Plumbing Code," California Code of Regulations, Title 24, Part 5, as published by the International Association of Pluming and Mechanical Officials, is hereby adopted as the "Plumbing Code" of the City of San Leandro. In the event an amendment to the 2025 California Plumbing Code results in differences between the building standards set forth in this Article and the Plumbing Code, the text of this Article shall govern. At least one true copy of the California Plumbing Code shall be kept for public inspection in the office of the San Leandro Building Division.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

Section 1208.10.1 shall be added to the California Plumbing Code as follows:

1208.10.1 Earthquake-Actuated Gas Shutoff Valves. Earthquake-actuated gas shutoff valves, certified conforming to California Referenced Standard Section 12-16-1, shall be provided:

a. On all new construction utilizing gas.

b. On any project utilizing gas, which the value of the project exceeds $5,000.00.

7. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

   Article 10

Safety Assessment Placards(Legislative History: Ordinance No. 2007-032, 11/5/07 (Sections 7-5-1000—7-5-1015))

Note: Editor's Note: Article 10, Safety Assessment Placards, previously codified herein and derived from Ordinance Nos. 95-031, 11/6/96; 99-019, 6/21/99 and 2002-20, 9/16/02, was repealed and replaced by Ordinance No. 2007-032, 11/5/07.

This Article establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The Article further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

The provisions of this Article are applicable to all buildings and structures of all occupancies regulated by the City of San Leandro.

Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(a) The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures.

(1) Inspected—Lawful Occupancy Permitted to be posted on any building or structure
wherein no apparent structural hazard has been found. This placard is not intended to
mean that there is no damage to the building or structure.

(2) Restricted Use is to be posted on each building or structure that has been damaged
wherein the damage has resulted in some form of restriction to the continued
occupancy. The individual who posts this placard will note, in general terms, the type
of damage encountered and will clearly and concisely note the restrictions on
continued occupancy.

(3) Unsafe—Do Not Enter or Occupy is to be posted on each building or structure that
has been damaged such that continued occupancy poses a threat to life safety.
Buildings or structures posted with this placard shall not be entered under any
circumstance except as authorized in writing by the Building Official or his or her
authorized representative. Safety assessment teams shall be authorized to enter these
buildings at any time. This placard is not to be used or considered as a demolition
order. The individual who posts this placard will note, in general terms, the type of
damage encountered.

(b) Once attached to a building or structure, a placard is not to be removed, altered or covered
until done so by an authorized representative of the Building Official.

(c) It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a
placard unless authorized pursuant to this Article.

Article 10A
Residential Building Code(Legislative History: Ord. No. 2025-016, 12/1/2025 (Sections
7-5-1000A—7-5-1020A)8)

§ 7-5-1000A. ADOPTION.

Except as otherwise specifically set forth herein, the "2025 California Residential Building Code," California Code of Regulations, Title 24, Part 2.5, as published by the International Code Council, is hereby adopted as the "Residential Building Code" of the City of San Leandro. In the event an amendment to the 2025 California Residential Building Code results in differences between the building standards set forth in this Article and the Residential Building Code, the text of this Article shall govern. At least one true copy of the California Residential Building Code shall be kept for public inspection in the office of the San Leandro Building Division.

§ 7-5-1005A. ENFORCEMENT AND ABATEMENT PROCEDURES.

Enforcement and abatement procedures set forth in the San Leandro Building Code or Articles 11, 12, and 13 of this Chapter shall apply to this Article.

§ 7-5-1010A. REFERENCED STANDARDS AND APPENDICES.

Referenced Standards and Appendices in this Code are not adopted, but authorized for use by the Building Official.

§ 7-5-1015A. BOARD OF APPEALS.

The Board of Appeals created under Section 113 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

§ 7-5-1020A. FEES.

All fees shall be determined in accordance with Title 7, Chapter 5, Article 1, Section 109 of the San Leandro Municipal Code.

8. Editor's Note: This ordinance also repealed Ord. No. 2019-017 and Ord. No. 2022-014.

   Article 11

Enforcement and Abatement Procedure—Administrative(Legislative History: Ordinance No. 2007-033, 11/5/07 (Sections 7-5-1100—7-5-1135))

Note: Editor's Note: Article 11, Enforcement and Abatement Procedure—Administrative, previously codified herein and derived from Ordinance Nos. 84-027, 1/7/85; 85-027, 8/19/ 85; 92-019, 9/8/92; 95-032, 11/6/95; 99-020, 6/21/99 and 2002-21, 9/16/02, was repealed and replaced by Ordinance No. 2007-033, 11/5/07.

The City Manager is hereby designated and charged with the enforcement of all provisions of this Chapter.

The City Manager shall designate a Building Official within the Community Development Department and appoint such number of officials, inspectors, assistants, and other employees as shall be authorized from time to time. He or she may deputize such employees as may be necessary to carry out the functions of the Building and Safety Services Division.

The Building Official shall keep a permanent, accurate account of all fees and other monies collected and reviewed under this Code, the names of the person upon whose account the same were paid, the date and amount thereof and the location of the building or premises to which they relate.

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Building Official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the Building Official or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Chapter; provided, that if such building or premises be occupied, he/ she shall first present proper credentials and demand entrance; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or authorized representative shall have recourse through every remedy provided by law to secure entry.

Whenever any building work is being done contrary to provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop work until authorized by the Building Official to proceed with the work.

All buildings or structures which are unsafe as defined in Chapter 7, Article 5 or which are substandard as defined in the Housing Code, or which are otherwise dangerous to human life, or which in relation to existing uses constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, neglect, decay, dilapidation, obsolescence or abandonment are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure set forth in Article 2 of this Chapter and as hereinafter set forth.

Whenever the Building Official determines by inspection that any building or portion thereof constitutes a public nuisance as defined in Section 7-5-1115, he/she shall initiate proceedings to cause the repair, vacation, or demolition thereof. The Building Official shall issue a notice and order directed to the record owner of the building which notice and order shall contain:

(a) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(b) A statement that the Building Official has found the building to constitute a public nuisance and a brief and concise description of the condition found to render the building a public nuisance as defined in Section 7-5-1115.

(c) A statement of the action necessary to correct such conditions, and if the conditions cannot be corrected by repair and the building must be demolished, the reasons why the conditions cannot be corrected by repair; if the Building Official has determined that the building must be vacated, the order shall state the date by which the building is to be vacated.

(d) A statement that the required work must be commenced within 15 days from the date of the notice and order or a longer period not to exceed 30 days if the sole determination of the Building Official, as set forth in the order, such longer period is found to be necessary and appropriate and a statement that such work must be completed within such time as the Building Official shall determine is reasonable.

(e) A statement advising that if any required repair or demolition work is not commenced within the time specified, the Building Official: (i) will order the building vacated and post it to prevent further occupancy until the work is completed; and (ii) may proceed to cause the work to be done and charge the cost thereof against the property or its owner.

(f) A statement advising that any person having any record title or legal interest in the building may appeal from the notice and order of the Building Official, in the manner set forth in Section 7-5-1210 within 10 days from the date of service of the notice and order. Failure to appeal within 10 days of the date of service of notice and order shall constitute a waiver of all rights to an administrative hearing and determination of the matter.

The notice and order shall be served upon the record owner, in the manner hereinafter stated, and posted conspicuously on the property. One copy thereof shall also be served on each of the following: the holder of any known mortgage or deed of trust or other lien or encumbrance or record; the owner or holder of any lease of record and the holder of any other estate or legal interest of record in the building or the land upon which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any such person or any duty or obligation imposed on him or her by the provisions of this section.

Service by certified mail in the manner herein provided shall be effective on the date of the mailing.

Article 11A

(Reserved)

Note: (Legislative History: Ordinance No. 90-04, 2/20/90; Ordinance No. 90-05, 3/19/90; Ordinance No. 90-022, 12/17/90; Ordinance No. 92-029, 9/8/92; Ordinance No. 95-033, 11/6/95 (Sections 7-5-1100A—7-5-1165A); Ordinance No. 99-021 repealed Article 11A (Sections 7-5-1100A—7-5-1165A))

Article 12

Enforcement and Abatement—Appeals(Legislative History: Ordinance No. 2007-034, 11/5/ 07 (Sections 7-5-1200—7-5-1225))

Note: Editor's Note: Article 12, Enforcement and Abatement—Appeals, previously codified herein and derived from Ordinance Nos. 84-027; 1/7/85; 84-14, 6/4/84; 92-019, 9/ 8/92; 95-034, 11/6/95; 99-022, 6/21/99 and 2002-22, 9/16/02, was repealed and replaced by Ordinance No. 2007-034, 11/5/07.

OFFICIAL—BOARD OF APPEALS.

Any person aggrieved by a notice and order of the Building Official hereunder to repair, vacate and repair, or demolish any building or portion thereof, may appeal such order, in the manner stated in Section 7-5-1210, to the Board of Appeals.

Whenever a notice and order has been issued by the Building Official and served as provided in Section 7-5-1135 and no appeal has been filed in accordance with Section 7-5-1210, the notice and order shall be deemed final and conclusive.

THE BUILDING OFFICIAL.

Any person entitled to service under Section 7-5-1135 may appeal from any notice and order or any action of the Building Official by filing a written appeal therefrom at the office of the Building Official within 10 days from the date of service of such notice and order. The written appeal request shall include, at minimum, the names and addresses of all appellants, a brief statement setting forth the legal interest of each of the appellants in the land or building involved in the notice and order, a brief statement of the specific order protested and a brief statement of the relief sought and the reasons therefor.

On receipt of such appeal, the Building Official shall set the matter for hearing before the Board of Appeals. Notice of the date, hour and place of hearing shall be posted and served at least 10 days before the date set for the hearing in the manner and upon the person specified in Section 7-5-1135. The notice of hearing shall order all interested parties who desire to be heard to appear and show cause, if any they have, why the building or portion thereof involved in the proceedings should not be repaired, vacated and repaired or demolished.

The filing of an appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided.

At the time and place stated in the notice, the Board of Appeals shall hold a hearing, and shall consider any relevant evidence offered by the Building Official and the owner, occupant or person in charge and control, mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or legal interest in said building or structure, pertaining to the matters set forth in the notice and order to repair, vacate and repair, or demolish.

The Board shall adopt reasonable rules and regulations for conducting its investigations and hearing. A copy of such rules and regulations shall be filed in the office of the City Clerk.

Whenever in the course of any proceedings taken hereunder, the Board shall have cause to request additional information, the same may be requested of the Fire Department, or the Building Department or other agency charged by law with enforcement of health or safety requirements of local or State law.

The Board may continue the hearing from time to time at its discretion.

After a full and fair consideration of the evidence and testimony received at the hearing, the Board of Appeals may affirm, reverse, or modify the notice and order issued by the Building Official. A written decision shall be issued by the Board and shall be posted and served in the manner and upon the persons specified in Section 7-5-1135, within 15 days from the date on which the hearing was closed.

The decision of the Board shall contain findings stating in detail the conditions which render the building or portion thereof a public nuisance as defined in Section 7-5-1115, the work required to be done, and shall order that the work required by commenced within 15 days after service of the decision or a longer period not to exceed 30 days, if in the sole determination of the Board, as set forth in its decision, such longer period is found to be necessary and appropriate, and a statement that the work be completed within a reasonable time as determined by the Board.

The decision of the Board shall also state that if the work required has not been commenced or completed within the time specified in the decision, the Building Official may cause the work to be done and the cost hereof levied as a special assessment against the property.

The findings and decision of the Board of Appeals shall be final and conclusive in the matter.

Article 13

Enforcement and Abatement—Accomplishment of Work—Lien(Legislative History: Ordinance No. 2007-035, 11/5/07 (Sections 7-5-1300—7-5-1325))

Note: Editor's Note: Article 13, Enforcement and Abatement—Accomplishment of Work—Lien, previously codified herein and derived from Ordinance Nos. 95-035, 11/6/ 95; 99-023, 6/21/99; and 2002-23, 9/16/02, was repealed and replaced by Ordinance No. 2007-035, 11/5/07.

OF APPEALS OR RESOLUTION OF THE CITY COUNCIL.

Whenever the work required by an order of the Building Official, Board of Appeals or by resolution of the City Council has not been commenced or completed within the times stated therein, the Building Official shall cause the work to be accomplished either by City personnel or by private contract under standard public works contractual procedures. The cost of such work shall be paid from the General Fund of the City and shall be repaid to said fund out of the proceeds of the collections hereinafter provided for.

Upon the completion of any repair or demolition work accomplished pursuant to Section 7-5-1300, the Building Official shall cause to be prepared and filed with the City Clerk a written report specifying:

(1) The work done;

(2) The cost of the work and incidental expenses (the term incidental expenses shall include but not be limited to the expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, and the costs of printing and mailing required hereunder);

(3) A description of the real property upon which the building is or was located;

(4) The names and address of the persons entitled to notice pursuant to Section 7-5-1135; and

(5) The assessment proposed to be levied to pay the cost of the work.

Upon the filing of the report of the Building Official, the City Clerk shall present it to the Council for consideration. The City Council shall, by resolution, fix a time, date and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of repairs or demolition and any other interested persons. At least 10 days before the date for the hearing, the Building Official shall cause copies of his or her report and notice of the filing of his or her report and of the time, place and date when the Council will hear and pass on the report, and any protests or objections thereto, to be posted and served in the manner and upon the persons specified in

Any person interested in or affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hours set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of each protest or objection.

Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the cost of the repairs or demolition, and any other interested persons. The Council may make such revisions, corrections, or modifications of the report as it may deem just, and the report as submitted or as revised, corrected or modified, together with the assessment shall be confirmed by resolution. The decision of the Council on the report and the assessment and all protests or objections thereto shall be final and conclusive.

The cost of the work of repair or demolition, including incidental expenses, as confirmed by the Council, shall constitute a special assessment against the property involved, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessment until paid. Such lien shall, for all purposes, be upon a parity with the lien of State, County and City taxes.

On or before August 10 of the year in which a special assessment is confirmed by the Council, the City Clerk shall cause a certified copy of said special assessment to be filed with the County Assessor and County Tax Collector. The description of the parcel reported shall be that used for the same parcel on the County Assessor's map books for the current year.

The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.

Article 14

Violations and Saving Provisions(Legislative History: Ordinance No. 2007-036, 11/5/07 (Sections 7-5-1400 and 7-5-1405))

Note: Editor's Note: Article 14, Violations and Saving Provisions, previously codified herein and derived from Ordinance Nos. 95-036, 11/6/95; 99-024, 6/21/99; and 2002-24, 9/ 16/02, was repealed and replaced by Ordinance No. 2007-036, 11/5/07.

It shall be unlawful for any person to interfere with the posting of any notice provided for in this Chapter, or to tear down, mutilate, or alter any such notice posted in or upon any building or premises.

The provisions of this Chapter, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments.

Article 15

Electric Vehicle Charging Station Permits(Legislative History: Ordinance No. 2017-015, 9/ 15/17)

The purpose and intent of this Article is to promote and encourage the use of electric vehicles by creating an expedited, streamlined, permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Article is intended to comply with the requirements of Government Code Section 65850.7.

For purposes of this Article, the following words and phrases shall have the meanings provided below:

"Electric vehicle charging station or charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance codified in this Article, and delivers electricity from a source outside an electrical vehicle into a plug-in electric vehicle.

"Building official" means the Chief Building Official of the City of San Leandro or designee.

"Electronic submittal" means the utilization of one or more of the following:

(1) E-mail;

(2) The Internet;

(3) Facsimile.

"Feasible method to satisfactorily mitigate or avoid the specific adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit.

"Specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.

The Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations consistent with this Article, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website and shall be accessible to the public.

(a) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to, inspection of the following: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

(b) A permit application that satisfies the information requirements in the City's adopted
checklist shall be deemed complete and be promptly processed. Upon confirmation by the
Building Official that the permit application and supporting documents meet the
requirements of the City's adopted checklist, and are consistent with all applicable laws and
health and safety standards, the Building Official shall, consistent with Government Code
Section 65850.7, approve the application and issue all necessary permits.

(c) Approval does not authorize an applicant to energize or utilize the electric vehicle charging
station unless and until approval is granted by the applicable electric utility.

(d) An inspection may be required and performed by the Building Official. If an inspection is
required, the inspection shall be done in an efficient and timely manner. If the electric
vehicle charging station fails the initial inspection, a subsequent inspection may be
required.

(e) If the Building Official determines that the permit application is incomplete, he or she shall
issue a written correction notice to the applicant, detailing all deficiencies in the application
and any additional information required to be eligible for expedited permit issuance.

(f) Upon a determination of the City Manager that the City has such capabilities, the Building
Official shall allow for electronic submittal of permit applications covered by this Article
and associated supporting documents.

(a) If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a use permit pursuant to the City's Zoning Code.

(b) In the technical review of an electric vehicle charging station, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

REQUIREMENTS.

(a) Electric vehicle charging station equipment shall meet the requirements of the California
Electrical Code, the Society of Automotive Engineers, the National Electrical
Manufacturers Association, and accredited testing laboratories such as Underwriters
Laboratories, and rules of the Public Utilities Commission or applicable electric utility
regarding safety and reliability.

(b) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of
Article 625 and all applicable provisions of the California Electrical Code.

(c) Installation of electric vehicle charging stations shall be incorporated into the load
calculations of all new or existing electrical services and shall meet the requirements of the
California Electrical Code. Electric vehicle charging equipment shall be considered a
continuous load.

(d) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall
meet the requirements of the California Building or Residential Code as applicable per
occupancy, and the provisions of the manufacturer's installation instructions. Mounting of
charging stations shall not adversely affect building elements.

Article 16
Earthquake Hazard Reduction in Existing Wood Frame Residential Structures with Soft-
Story, Weak or Open Front Walls(Legislative History: Added by Ord. No. 2024-017, 12/16/
2024 (Sections 7-5-1600—7-5-1675))

The provisions of this Article are intended to promote public safety and welfare through a program of seismic evaluation and minimum standards of certain residential buildings vulnerable to earthquake damage and collapse. The program is intended to reduce the risk of death or injury that may result from the effects of earthquakes on existing wood frame multi-unit residential structures and commercial properties with soft-story, weak or open front walls. The minimum standards contained in this Article shall substantially improve the seismic performance of these residential and commercial buildings but will not necessarily prevent all earthquake damage. When fully followed, these standards will strengthen the portion of the structure that is most vulnerable to earthquake damage. This Article does not require alteration of existing electrical, plumbing, mechanical, or fire safety systems unless they constitute a hazard to life or property. (Ord. No. 2024-017, 12/16/2024)

The provisions of this Article shall apply to:

(a) All existing wood frame multi-unit residential buildings, or portions thereof, that contain
five or more dwelling units that were permitted for construction prior to January 1, 1985,
under the 1982 Uniform Building Code, where the ground floor portion of the wood frame
structure contains parking or other similar open floor space that causes soft, weak, or open
wall lines as defined in this Chapter, and having one or more levels above the ground floor;

(b) All existing wood frame non-residential or commercial buildings, or portions thereof, that
were permitted for construction prior to January 1, 1985, under the 1982 Uniform Building
Code, where the ground floor portion of the wood frame structure contains parking or other
similar open floor space that causes soft, weak, or open wall lines as defined in this
Chapter, and having one or more levels above the ground floor; and

(c) These buildings are hereinafter referred to as "soft-story" construction.
The provisions of this Article shall apply to apartment buildings and condominiums. Buildings
listed on national, state or local historical registers shall also comply with the provisions of this
Article. At the Building Official's discretion, modifications to the code requirements contained
in this Article may be permitted when such modifications are consistent with the provisions of
the State Historical Building Code.
(Ord. No. 2024-017, 12/16/2024)

(a) The City Council desires to lessen the risks to life and property of the residents of the City of San Leandro posed by a major earthquake along the Hayward Fault.

(b) Buildings with soft, weak or open front ground floor stories are recognized by engineers,
and other seismic safety experts, as having potential for sustaining serious damage
including collapse, in the event of strong earthquakes.

(c) The current nationally recognized model code for the retrofit of soft-story residential
buildings is Appendix Chapter A4 of the 2022 California Existing Building Code (CEBC).

(d) The City of San Leandro is located within Design Category D & E, as defined in the 2022
CEBC.

(e) It is the City's intent by this Article to adopt retrofit standards for soft-story buildings within
the City of San Leandro that comply with, or are substantially equivalent to, the standards
set forth in Appendix Chapter A4 of the CEBC.

(f) The City Council has determined to implement a seismic hazard identification and
mitigation program to investigate and correct the potential seismic hazards of certain
residential and commercial buildings in the time and manner specified in this Article.
(Ord. No. 2024-017, 12/16/2024)

CEBC.

Appendix Chapter A4 of the 2022 California Existing Building Code (CEBC) is hereby adopted by reference, except where this Article provides alternative language. For purposes of this Article, the standards in the CEBC shall be used for the analysis of seismic weakness and to formulate the elements of work required remedying any identified weaknesses. (Ord. No. 2024-017, 12/16/2024)

BUILDINGS.

Soft-story buildings as defined by Section 7-5-1605, identified by a survey conducted by the City as containing a soft, weak, or open front ground floor shall be defined and/or designated as soft-story buildings and placed on the Inventory of Potentially Hazardous Soft-Story Buildings. The Inventory of Potentially Hazardous Soft-Story Buildings shall be maintained, and revised as necessary, by the Building Official. A copy shall be available for inspection in the office of the Building Official. (Ord. No. 2024-017, 12/16/2024)

(a) Contents of Notice and Order. When the Building Official determines that a building is a soft-story building within the scope of this Article, the Building Official shall issue a Notice and Order to the property owner as provided herein. The Notice and Order shall specify that the building has been determined by the Building Official to be within the scope of this Article, placed on the Inventory of Potentially Hazardous Soft-Story Buildings, and, therefore, is required to meet the seismic analysis and other provisions of this Article. The Notice and Order shall set forth the property owner's obligations under this Article, the time limits for compliance, and appeal rights. The Building Official's determination shall be final at the end of 60 days unless a timely appeal is filed as provided below.

(b) Service of Notice and Order. The Notice and Order shall be in writing and may be given either by personal delivery thereof to the owner or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the owner of the property as shown on the last equalized assessment roll of the county, or as known to the Building Official, as well as to the following, if known or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure to serve any person required herein to receive service shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. (Ord. No. 2024-017, 12/16/2024)

Any person entitled to service of notice under Section 7-5-1625 may request the Building Official to reconsider a determination to include a building on the Inventory of Potentially Hazardous Soft-Story Buildings by submitting information that the building's ground floor is not soft, weak, or open as defined by the applicable standard, that the building has been substantially reconstructed in accordance with the 1982 or later Uniform Building Code. The appeal to the Building Official shall be filed within 60 days from the date of the service of such Notice and Order of the Building Official. The Building Official shall provide a final decision in writing. Whenever a notice and order has been issued by the Building Official and served as provided in Section 7-5-1625 and no appeal has been filed in accordance with Section 7-5-1635, the notice and order shall be deemed final and conclusive. (Ord. No. 2024-017, 12/16/2024)

(a) The Board of Appeals created under Section 115 of the San Leandro Building Code shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said section of the San Leandro Building Code.

(b) Any person aggrieved by a final decision of the Building Official, in the manner stated in Section 7-5-1630 herein, to include a building on the Inventory of Potentially Hazardous Soft-Story Buildings, may appeal such decision by filing a written Application for Appeal Hearing with the Secretary of the Board of Appeals, as within 10 days of service of the Building Official's determination.

(c) The fee for filing an appeal shall be established by resolution of the City Council. The appeal fee shall be required at the time that the appeal is filed. Appeal forms shall not be accepted without the appropriate appeal fee.

(d) The written appeal shall contain the following information:

(1) The specific identification of the subject property.

(2) The name, address, telephone number, date and signature of all appellants.

(3) The appellant(s)' legal interest in the property.

(4) A statement in ordinary and concise language of the grounds for the appeal and all material facts in support thereof.

(5) The address to which all notices shall be sent.

(6) The verification under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.

(e) On receipt of such appeal, the Secretary to the Board shall serve, or cause to be served, a written Notice of Hearing in the United States Mail, postage prepaid, certified, return receipt requested, addressed to all appellants at the address designated in the Application for Appeal Hearing. Such notice shall be served at least 10 days prior to the time set for the hearing. The Notice of Hearing shall contain the date, time and place of the hearing. Service shall be deemed complete on the fifth day after service.

(f) The Secretary of the Board shall set a date for a hearing not less than 10 days nor more than 60 days from the service of the Notice of Hearing, unless the Board determines good cause exists for an extension of time.

(g) The Board or employee, upon giving notice of the aforesaid, shall file an affidavit or declaration certifying the date of mailing the Notice of Hearing, and file it in the records of the Building Official.

(h) At the time and place stated in the notice, the Board of Appeals shall hold a hearing, and consider any relevant evidence offered by the Building Official and the owner, occupant or person in charge and control of the property, or any other person having any legal interest in said building or structure, pertaining to the matters set forth in the final decision. After a full and fair consideration of the evidence and testimony received at the hearing, the Board shall determine whether the building is a soft-story building. Whenever in the course of any proceedings taken hereunder, the Board shall have cause, the Board may seek technical advice or analysis relative to the application and interpretation of this Code from subject matter experts. The Board may continue the hearing from time to time at its discretion.

(i) Failure of the person filing the appeal to appear at the hearing after notice has been served
shall be deemed a waiver of the hearing.

(j) The Board shall prepare a written Statement of Decision, which shall contain findings of
fact for each decision of the Board.

(k) The Secretary of the Board shall serve, or cause to be served, a copy of the decision of the
Board on the owner any person entitled to service of notice under Section 7-5-1625(b).
(Ord. No. 2024-017, 12/16/2024)

Within 18 months of the date of service of the notice of inclusion on the Inventory of Potentially Hazardous Soft-Story Buildings, the owner of each soft-story building on the Inventory of Potentially Hazardous Soft-Story Buildings shall submit an Initial Screening and a detailed seismic engineering evaluation report prepared by a qualified California licensed structural or civil engineer that analyzes the structural ability of the building to resist the seismic effects of earthquakes and the extent to which the building meets the standards for structural seismic adequacy as set forth in Appendix Chapter 4 of the 2022 CEBC, as modified by this Article, identifies any hazardous exterior design elements, describes the elements of work needed to remedy the identified weaknesses, and provides other relevant information as requested by the Building Official. This Article does not require the retrofit of any building and does not require the submittal of plans of the type required with an application for a building permit. The purpose of the analysis is to investigate the structural systems of a building that resist forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a collapse or partial collapse or other damage hazardous to life. (Ord. No. 2024-017, 12/16/2024)

Within 60 days of the date of service of the notice of inclusion on the Inventory of Potentially Hazardous Soft-Story Buildings, the owner of each building on the Inventory of Potentially Hazardous Soft-Story Buildings shall install an earthquake-actuated gas shutoff valve certified by the State Architect. (Ord. No. 2024-017, 12/16/2024)

(a) Engineering Report Review Fees. Engineering report review fees shall be established by resolution of the City Council.

(b) Plan Review and Inspection Fees. Plan review and inspection fees shall be established by resolution of the City Council. All plan review and inspection fees shall be reduced as follows: 100% for qualifying reports submitted within six months of the date of service of the notice of inclusion on the Inventory, 50% for qualifying reports submitted within 12 months of the date of service of the notice of inclusion on the Inventory, and 25% for qualifying reports submitted within 18 months of the date of service of the notice of inclusion on the Inventory of Potentially Hazardous Soft-Story Buildings. (Ord. No. 2024-017, 12/16/2024)

(a) Obligation of Owners to Notify Tenants and Post Building. Within 18 months of the date of service of the notice of inclusion on the Inventory of Potentially Hazardous Soft-Story Buildings, the owner of each building on the Inventory of Potentially Hazardous Soft-Story Buildings shall;

(1) Notify each tenant in writing and notify each new tenant at a change of tenancy, that the building is included on the Inventory of Potentially Hazardous Soft-Story Buildings.

(2) Post in a conspicuous place within five feet of each main entrance of the building, and maintain until the building is removed from the Inventory of Potentially Soft-Story Buildings, a clearly visible warning sign not less than 8 inches by 10 inches the following statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point type:

"Earthquake Warning. This is a soft-story building with a soft, weak, or open front ground floor. Occupants and Visitors may not be safe inside or near such buildings during an earthquake."

(3) Mail, within 30 days of service, a copy of each tenant notification form in compliance with this section and a completed proof of service addressed to: Building Official, Building & Safety Department, 835 E. 14th Street, San Leandro, CA 94577.

(b) Obligations of Tenants to Cooperate. Each tenant of a building on the Inventory of

Potentially Hazardous Soft-Story Buildings shall cooperate with the owner and the owner's agents, including, but not limited to, engineers, contractors, and inspectors, to accomplish the required analysis. In so doing, tenants shall allow reasonable access to the building and their unit or space as needed and as permitted by California Civil Code Section 1954.

(Ord. No. 2024-017, 12/16/2024)

A building shall be removed from the inventory under the following circumstances:

(a) A determination by the Building Official that the building does not contain a Weak, Soft, or Open Front Story and meets the applicable standards; or

(b) The satisfactory completion of a seismic retrofit and appropriate inspections bringing the Soft, Weak, or Open Front Story of the building up to the requirements of the applicable standards of Appendix Chapter A4 of the 2022 CEBC; or

(c) A determination by the Building Official or a decision on appeal that the building is not a building with Soft, Weak, or Open Front Stories; or

(d) Lawful demolition of the building. (Ord. No. 2024-017, 12/16/2024)

(a) Deadlines. All owners of potentially hazardous soft-story buildings shall submit the required analysis of structural seismic adequacy in accordance with this Chapter no later than 18 months from notice by the City.

(b) Acceleration of Deadline. Notwithstanding subsection (a) of this section, this deadline shall be accelerated, and the owner shall submit the required analysis of structural seismic adequacy, whenever any one or more of the following occurs:

(1) The building will undergo a remodel, alteration, addition or structural repairs valued at more than $100,000, except for repairs found by the Building Official to be required for routine maintenance or emergency.

(2) The use of the building changes such that Section 110 of the 2022 California Building Code applies.

(3) The building is identified by the Building Official as an Unsafe Building as defined in Section 115 of the 2022 California Building Code.

(c) Extensions of Deadline. The Building Official may extend the deadline for the required analysis by up to six months if the owner submits to the Building Official a detailed written statement requesting the extension, explaining why it should be granted and clearly documenting the reasons therefore in accordance with the requirements of this part. Extensions granted under this part shall not extend deadlines for correction of any other violations of any other ordinances.

(d) Required Findings. In order to grant an extension, the Building Official must find that:

(1) The building does not present an imminent threat to life safety of occupants or the public, based on a report from a California licensed structural or civil engineer; and

(2) The owner has demonstrated there are unique and exceptional circumstances that prevent compliance.

(Ord. No. 2024-017, 12/16/2024)

Any building, or any portion of a building that is identified under this Article as being a Potentially Hazardous Soft, Weak, Open Front Story Building and is retrofitted in compliance with the applicable standards of the City of San Leandro Building Code shall not, within a period of 15 years, be identified as a Potentially Hazardous Soft-Story Building because of a Soft, Weak, or Open Front Story pursuant to any local building standards adopted after the date of the building retrofit unless such building no longer meets the standards under which it was retrofitted. (Ord. No. 2024-017, 12/16/2024)

(a) It shall be unlawful for any person, business or corporation to maintain, use or occupy a building that is not in compliance with the requirements of this Article. For purposes of this section, any person includes an owner, lessor, sublessor, manager, or person in control of a building subject to this Article but shall not include tenants in residential units.

(b) All remedies available to the City for correcting violations of any other Article in this Code shall be available to remedy violations of this Article. The remedies described herein are cumulative and in addition to any other remedies available for violation of this Article. (Ord. No. 2024-017, 12/16/2024)