City of Albany, CA
Alameda County
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Table of Contents
Table of Contents
[Ord. #86-04; 1958 Code § 7.10]
Where conflicts exist between two (2) or more codes or requirements adopted in this chapter, the more restrictive condition shall govern.
[1]
Editor's Note: Former Section 12-2, Building Permit Required for Sandblasting, previously codified herein and containing portions of 1958 Code § 7.11 and Ordinance No. 86-04, was deleted in its entirety by Ordinance No. 2013-03.
[Ord. #86-04; 1958 Code § 7.12]
The Building Official shall have and hereby is given the authority to assign street numbers to buildings or houses within the City limits in such manner and according to such plans as he shall deem appropriate.
In the event any building, house or structure within the limits of the City shall be incorrectly numbered or unnumbered, or the number thereof shall have become defaced or illegible, it shall be the duty of the owner or occupant thereof to cause the same to be numbered correctly within ten (10) days after notification so to do, given by or under the direction of the Building Inspector. Such notice shall be served by leaving a copy thereof at the building or house in charge of any person therein, addressed to the owner or occupant of the building or house, or it may be given by posting such notice on the door or at the entranceway of the building or house.
The expense of numbering buildings, houses or structures in the City shall be borne by the owner, occupant or other person in control thereof.
[Ord. #86-04; 1958 Code § 7.13]
Violations of the requirements of this chapter may be considered a misdemeanor and punishable as indicated in Section 1-9 of Chapter 1 of this Code.
[Ord. #86-04; 1958 Code § 7.15.010]
a. 
The following abatement procedure, described in this chapter, shall be an alternate to abatement procedure set forth in the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Building Code and the Uniform Housing Code.
b. 
All buildings or structures which are deemed to be unsafe or dangerous buildings by the Building Official pursuant to the above stated codes shall be declared to be public nuisances, and shall be abated in accordance with either the abatement procedure of the above stated codes or the abatement procedure as set forth below.
[Ord. #86-04; 1958 Code § 7.15.020]
a. 
The Building Official shall examine or cause to be examined every building or structure or portion thereof reported dangerous or damaged. If such is found to be an unsafe building, the Building Official shall obtain a preliminary title report as to the building or structure or land on which it is located which shall identify all owners of record, lessees of record, holders of mortgages, deeds of trust, or other liens and encumbrances of record. The Building Official shall serve upon each such person, by personal service or by certified mail, postage prepaid, return receipt requested, a written notice stating the defects of the building or structure and requiring the owner to commence either the required repairs or improvements, or demolition and removal of the building or structure or portions thereof within ten (10) days and to complete such work within sixty (60) days from the date of the notice. The notice shall be sent to each such person at their address as it appears on the last equalized assessment roll of the County, or as known to the Building Official. If no address of any such person so appears or is known to the Building Official then a copy of the notice shall be so mailed, addressed to such person, at the address of the building or structure found by the Building Official to be unsafe. Service by certified mail shall be effective on the date of mailing. The Building Official shall cause at least one (1) copy of the notice bearing title letters at least one (1") inch high reading "NOTICE TO ABATE NUISANCE," to be posted conspicuously on the building, structure of portion thereof alleged to be unsafe.
b. 
If the building or structure is occupied, and the Building Official finds that protection of human safety necessitates that it be vacated, the notice shall also require that it be vacated. The notice shall also require that the building, structure or portion thereof be vacated not later than thirty (30) days from the date of the notice. The Building Official shall serve by first class mail, postage prepaid, a notice to the occupant of each dwelling unit or unit under separate use in the building or structure found to be unsafe, stating that the Building Official has, as a result of an inspection, found the building or structure to be unsafe and unfit for human occupancy, and advising the occupant that he must vacate the building or structure by the date stated on the notice. Further occupancy is unlawful and constitutes an infraction. The Building Official shall cause to be posted at or upon each exit of the building or structure a notice in substantially the following form:
NOTICE TO VACATE
The Building Official of the City of Albany has found this building to be unsafe and unfit for continued human occupancy. This building or structure must be vacated not later than __________________. It is an infraction to occupy this building or structure beyond such date, or to remove or deface this notice.
DATE:
BUILDING OFFICIAL
CITY OF ALBANY
c. 
No person shall enter or remain in any building which has been posted with a notice to vacate, as specified in this subsection, after the date upon which such notice requires the building to be vacated, except that entry can be made:
1. 
To repair, demolish, or remove such building under permit;
2. 
By the Building Official or his duly authorized representative for purposes of inspection; and
3. 
After any required repairs have been completed and a Certificate of Occupancy has been issued.
d. 
No person shall remove or deface any notice posted pursuant to this subsection until the required repairs, demolition or removal have been completed and a Certificate of Occupancy is issued.
e. 
Proof of service of notices shall be certified to, at the time of service by written declaration under penalty of perjury executed by the person effecting the service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Building Official.
[Ord. #86-04; 1958 Code § 7.15.030]
If the owner of the building or structure does not comply with the notice prescribed by subsection 12-5.2, by commencing the required work within the time allowed, or make such other arrangement as may be satisfactory to the Building Official, the Building Official shall thereupon direct the City Clerk to send the following notice, or one substantially similar thereto, by certified mail, postage prepaid, return receipt requested to the owner, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate or legal interest of record as to the building or structure, as disclosed by the preliminary title report obtained pursuant to subsection 12-5.2. The cost of the title report shall be charged to the owner in the same manner and using the same procedure as all other costs incurred by the City which are to be charged to the owner as set forth in this subsection.
NOTICE OF HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ALBANY
The owner of the building situated at _______________________is hereby notified to appear before the City Council of the City of Albany at its meeting to be held on ____________________________________at the Council Chambers, 1000 San Pablo Avenue, Albany, CA at the hour of ____________________or as soon thereafter as she/he may be heard and show cause, why (the building) (the following portion of the building:__________________________) should not be declared to be a public nuisance, and the nuisance be abated by repairing, demolishing or removing (said building) (said portion of the building) and charging the costs thereof to the owner.
[Ord. #86-04; 1958 Code § 7.15.040]
a. 
At the time fixed on the notice, the City Council shall proceed to hear the testimony of the Building Official and his assistants and the testimony of the owner or his representatives, and other competent persons who may be present and desire to testify thereof, the estimated cost of its reconstruction, repair or removal, and any other matter which the City Council may deem pertinent thereto.
b. 
Upon the conclusion of the hearing, the City Council may by resolution declare its findings and, in the event it so concludes, it may declare the building or the pertinent portion thereof to be a public nuisance and direct the owner to obtain the proper permits and physically commence abatement of the building, or pertinent portion thereof, located on the identified site, within fifteen (15) days after the date of posting on the premises a notice of adoption of the resolution, and to complete the abatement within seventy-five (75) days:
1. 
By having the building or pertinent portion thereof properly reconstructed or repaired.
2. 
By having the building or pertinent portion thereof demolished or removed.
c. 
Such resolution shall, further, notify the owner that if the nuisance is not abated, the building or pertinent portion thereof will be demolished, removed, and that the expenses thereof shall be made a lien on the lot where the building or pertinent portion thereof is located.
d. 
On or about the day the premises are posted, the City Clerk shall send copies of the resolution to the person or persons owning the land on which the building is located, as such person's name and address appears on the last equalized assessment roll or as known to the City Clerk, and to each lessee, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate or legal interest of record as shown on the preliminary title report obtained pursuant to this subsection, at the last known address of each such person.
e. 
The City Clerk shall file a certified copy of any resolution declaring a building or portion thereof to be a public nuisance with the recorder of Alameda County.
f. 
The City Council will consider an extension of time of the time limits set by resolution under paragraph b of this subsection if the owner posts a cash deposit, in an amount fixed by the City Council, within three (3) days from the day of the grant of extension request.
[Ord. #86-04; 1958 Code § 7.15.050]
a. 
In the event the owner does not obtain the proper permits and physically commence the abatement of the nuisance located on the identified site within the fifteen (15) days prescribed, the Building Official is authorized to raze, demolish, remove, rehabilitate or repair the building, or pertinent portion thereof, in accordance with the resolution of the City Council declaring the same to be a public nuisance, or have the work done under his direction or supervision, or pursuant to purchase order or contract as prescribed in subsection 12-5.7.
b. 
The Building Official shall keep an itemized account of all expenses involved in the razing, demolishing, removing, rehabilitation, reconstruction or repair of any building.
c. 
The City Clerk is to set hearings on statements of expenses. The Building Official shall submit an itemized statement of expenses to the City Clerk, who shall mail a copy of the statement to the person or persons owning the land and to any holder of any interest of record along with a notice of the time and place when and where the statement shall be submitted to the City Council for approval and confirmation.
[Ord. #86-04; 1958 Code § 7.15.060]
a. 
At the time fixed for the hearing of the statement of expense, the City Council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for the doing of the work and any other interested person, after which by resolution the report as submitted, or as ordered, revised, corrected or modified by the City Council, shall be confirmed and adopted.
b. 
If the statement is not paid within five (5) days after the adoption of the resolution, it shall constitute a lien upon the real property from which the building or structure was removed, and shall be collected as a special assessment against the real property. The resolution shall, further, direct that the City Clerk shall file with the Auditor of Alameda County, the County Assessor and Tax Collector, certified copies of the resolution and the statement adopted therein. The Clerk shall direct the Auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charge shall constitute a lien against the real property against which the charges have been imposed. The Tax Collector shall include the amount of charges on bills for taxes levied against the real property. Thereafter, the amount of the charge shall be collected at the same time and in the same manner and by the same person as the City, and shall be subject to the same penalties and interest upon delinquent payment.
[Ord. #86-04; 1958 Code § 7.15.070]
Whenever this Code provides that the Building Official is authorized to cause a building, structure or portion thereof which has been declared to be a public nuisance to be demolished, removed, reconstructed, rehabilitated or repaired, or to abate any nuisance by appropriate action involving the construction, grading, filling, removal or demolition of any object, such Building Official is authorized to issue purchase orders or to enter into contracts on behalf of the City with private contractors in accordance with the procedures set forth in such ordinance or ordinances of the City governing the solicitation of bids for purchases and contracts, and such rules and regulations as have been or may be promulgated thereunder.
[Ord. #86-04; 1958 Code § 7.15.080]
When the City Council has, by resolution, declared that a building is a public nuisance pursuant to this chapter, and such resolution has been recorded, and thereafter such nuisance is abated by repair, rehabilitation, demolition, relocation, or otherwise, the Building Official shall prepare and file with the Recorder of Alameda County, a certificate stating that such nuisance has been abated, and indicating the method of abatement.
[Ord. #85-05; Ord. #87-011; § 1; 1958 Code § 7.20; Ord. #91-01, § 1; Ord. #95-02, § 1; Ord. #04-08, § I; Ord. #07-07, § 1; Ord. #08-05, § 1; Ord. #2013-03, §§ 1,2; Ord. #2014-07; Ord. No. 2016-05 §§ 1, 2]
a. 
California Building Standards Code.
The 2016 edition of the California Building Standards Code located in Title 24 of the California Code of Regulations is hereby adopted as published by the California Building Standards Commission, and are hereby adopted as part of the Albany City Code as if set forth here word for word by reference. A copy of these codes shall be available for public review in the Community Development Department of the City of Albany.
The adopted codes shall regulate and govern the condition and maintenance of all property, buildings, and structures by providing the standards for the supply of utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary, and fit for occupation and use; and for the condemnation of buildings and structures unfit for the human occupancy and use, and the demolition of such structures as herein provided; providing for the issuance of permits and collections of fees therefor; and each of the regulations, provisions, penalties, conditions, and terms of said codes are hereby referred to, adopted, and a part hereof as if fully set forth herein with the additions, insertions, deletions, and changes, if any, prescribed by this chapter.
The codes adopted herein are considered to be complementary and supplementary to any other provisions contained in the Albany Municipal Code and may be imposed, at the discretion of the building official, as the operative code provisions in the event of a conflict with other provisions contained in the Albany Municipal Code.
b. 
Additions and Amendments to the California Building Standards Code.
1. 
The Planning and Zoning Commission shall serve as the Local Appeals Board and Housing Appeals Board where referenced in the California Building Standards Code. The Commission shall adopt by resolution written rules and procedures for the conduct of appeal hearings.
2. 
The Community Development Department shall function as the Enforcement Agency and the Department of Building Safety where referenced in the California Building Standards Code.
3. 
The Community Development Director, or designee, shall function as the Building Official where referenced in the California Building Standards Code.
4. 
The following sections are adopted for the administration of the California Building Standards Code in the City of Albany:
[Amended 7-20-2020 by Ord. No. 2019-11]
(a) 
California Building Code, Chapter 1, Division II.
(b) 
California Building Code, Appendix B, Board of Appeals.
(c) 
California Building Code, Appendix H, Signs.
(d) 
California Building Code, Appendix I, Patio Covers.
(e) 
California Building Code, Appendix J, Grading.
(f) 
California Residential Code, Chapter 1, Division II.
(g) 
California Residential Code, Appendix H, Patio Covers.
(h) 
California Residential Code, Appendix J, Existing Buildings and Structures.
(i) 
California Residential Code, Appendix K, Sound Transmission.
(j) 
California Residential Code, Appendix Q, Tiny Houses.
(k) 
California Residential Code, Appendix R, Light Straw-Clay Construction.
(l) 
California Residential Code, Appendix S, Strawbale Construction.
(m) 
California Residential Code, Appendix T, Solar-Ready Provisions.
(n) 
California Mechanical Code, Chapter 1, Division II, except Section 104.5 (Fees). Fees shall be established by resolution of the City Council.
(o) 
California Plumbing Code, Chapter 1, Division II, except Section 104.5 (Fees). Fees shall be established by resolution of the City Council.
(p) 
California Green Building Standards Code, Mandatory measures. To address local environmental conditions, the City Council may establish, by resolution and periodically review and update, more-stringent voluntary measures contained in the California Green Building Standards Code appendixes.
5. 
In the event of any differences between the California Building Code (as amended herein), the California Residential Code (as amended herein), and the California Fire Code (as amended herein), the most restrictive requirements shall prevail.
[Added 7-20-2020 by Ord. No. 2019-11]
[Added 7-20-2020 by Ord. No. 2019-11]
a. 
The Building Official shall create and maintain an expedited, streamlined permitting process for electric vehicle charging stations consistent with the requirements of California Government Code Section 65850.7.
[1]
Editor's Note: Former subsection 12-6.2, Deletions from the Uniform Building Code, previously codified herein and containing portions of 1958 Code § 7.21 and Ordinance No. 85-05, was repealed in its entirety by Ordinance No. 07-07, Section 2. Former subsection 12-6.3, Additions and Amendments to the California Electrical Code, California Mechanical Code, and California Plumbing Code, previously codified herein and containing portions of Ordinance No. 07-07, was deleted in its entirety by Ordinance No. 2013-03. Former subsection 12-6.4, Administrative Provisions, previously codified herein and containing portions of Ordinance No. 04-08, was repealed in its entirety by Ordinance No. 07-07. See subsection 12-6.3 for Administrative provisions.
[1]
Editor's Note: Former Section 12-7, Electrical Code, previously codified herein and containing portions of 1958 Code §§ 7.30, 7.31 and 7.32 and Ordinance Nos. 85-05, 87-011 and 91-01, was repealed in its entirety by Ordinance No. 07-07. See subsection 12-6.1 for adoption of the Electrical Code.
[Ord. #10-01, § 1]
a. 
The California Model Water Efficient Landscape Ordinance, as approved by the California Department of Water Resources, and as may be amended from time to time by the California Department of Water Resources, is hereby adopted as the Water Efficient Landscape Ordinance of the City of Albany, California. A copy of the Water Efficient Landscape Ordinance of the City of Albany shall be available for public review in the office of the Building Official of the City of Albany. The Water Efficient Landscape Ordinance of the City of Albany shall regulate and govern the construction and maintenance of all landscape projects; providing for the issuance of permits and collections of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Water Efficient Landscape Ordinance are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in this section.
[Ord. #10-01, § 1]
LOCAL AGENCY
Shall mean the City of Albany.
WATER PURVEYOR
Shall mean the East Bay Municipal Utility District.
[Ord. #10-01, § 1]
The City Council may establish by resolution, and periodically review and update as necessary, Water Efficient Landscape Standards of Compliance. The Standards of Compliance may include, but not be limited to, the following elements:
a. 
Types of projects subject to regulation;
b. 
Guidelines, checklists and plant lists to be applied to various types of projects;
c. 
Minimum threshold of compliance for variance types of projects;
d. 
Timing and method of verification of compliance with regulations; and
e. 
Definitions of terms used in the Standards of Compliance. The Standards of Compliance shall be based on the recommendation of the Planning and Zoning Commission and shall be at least as effective at conserving water as the California Department of Resources Model Water Efficient Landscape Ordinance.
[Ord. #10-01, § 1]
a. 
The Community Development Director shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of the Water Efficient Landscape Ordinance of the City of Albany and associated Standards of Compliance, including application submittal requirements and application review procedures.
b. 
Prior to the issuance of a permit for construction of landscape subject to the Water Efficient Landscape Ordinance of the City of Albany:
1. 
The applicant shall submit a project description, construction documents and plans with sufficient detail to determine compliance with the requirements of the Water Efficient Landscape Ordinance and City of Albany Standards of Compliance;
2. 
The Community Development Director shall determined whether the proposed landscape improvements are subject to the procedural requirements of Planning and Zoning Code Section 20.100 and the other subsections of this section; and
3. 
All necessary fees shall be paid pursuant to City of Albany Master Fee Schedule.
4. 
Conditions of approval may be imposed by the City, acting within its police powers, to further a legitimate public purpose.
c. 
Penalties for violations shall be established in the City of Albany Master Fee Schedule.
[1]
Editor's Note: Former Section 12-8, Mechanical Code, previously codified herein and containing portions of 1958 Code §§ 7.40, 7.41 and 7.42 and Ordinance Nos. 85-05, 87-011 and 91-01, was repealed in its entirety by Ordinance No. 07-07. See subsection 12-6.1 for adoption of the Mechanical Code. Former Section 12-9, Uniform Plumbing Code, previously codified herein and containing portions of 1958 Code §§ 7.50, 7.51 and 7.52 and Ordinance Nos. 85-05, 87-011 and 91-01, was repealed in its entirety by Ordinance No. 07-07. See subsection 12-6.1 for adoption of the Uniform Plumbing Code.
[Ord. #88-010, § 1]
For purposes of this section, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context that a different meaning is intended:
a. 
Demolition shall mean the razing, ruining, tearing down or wrecking of any facility, structure or building covered by this section. As used herein, the word "demolition" shall include any partial demolition and any interior demolition affecting more than ten (10%) percent of the replacement value of the structure as determined by the Building Official.
b. 
Discretionary demolition permit shall mean a demolition permit for a building or structure where either the demolition project or the replacement project requires one (1) or more discretionary zoning acts by the City.
c. 
Facility shall mean structure or any part thereof.
d. 
Ministerial demolition permit shall mean a demolition permit issued for unsafe structures, structures on a site where the demolition project or replacement project does not require any discretionary zoning permits.
e. 
Residential structures shall include multiple-family buildings, single-family dwellings, cooperatives, condominiums, and hotels and motels.
f. 
Structure shall include anything that would require a building permit to construct, excluding, however, structures built or that could be built pursuant to subsection 20-24.140 (Temporary Buildings).
g. 
Unsafe structures shall mean structures found by the Building Official or Building Inspector of the City Public Works Department to require immediate issuance of a demolition permit to protect the public health or safety.
[Ord. #88-010, § 1]
It shall be unlawful to demolish or cause to be demolished any structure without first having obtained a demolition permit pursuant to the provisions of this section.
[1]
Editor's Note: Former subsection 12-10.3, Demolition of Buildings or Structures, Owner's Completion Bond, previously codified herein and containing portions of Ordinance No. 88-010, was deleted in its entirety by Ordinance No. 2013-03.
[Ord. #88-010, § 1]
No demolition permit shall be issued pursuant to this section unless and until notices of the filing of the application for demolition have been sent by mail at least ten (10) days in advance of the issuance of the permit to all persons owning property adjacent to or contiguous with the exterior boundaries of the property or portion of the property to be demolished. Owners shall be as shown on the records of the Alameda County Assessor. The owner of a condominium project of more than sixty (60) units shall be the Homeowner's Association, if the association has in advance agreed in writing, to make satisfactory notification to their membership. This noticing requirement shall not apply to unsafe structures, accessory structures, or to nonresidential, one-story buildings of Type V construction with an area not exceeding four hundred (400) square feet.
In reviewing the public comment received about the application for demolition, the Public Works Director shall restrict his review to those comments regarding method of construction, potential safety and hazard impacts associated with the demolition and other physical factors related to the demolition which could affect the surrounding properties including street access, dust, equipment storage, debris storage, fencing, and the like.
At the end of the ten (10) day noticing period, the Public Works Director shall be authorized to issue to the demolition permit applicant a Ready-to-Issue Notice. Said notice shall indicate that the demolition permit is ready for issuance and shall be issued once all other required discretionary permits have been obtained. The Ready-to-Issue Notice shall be effective for one (1) year from the date of issuance. Extensions of up to six (6) months of this twelve (12) month period may be granted by the Public Works Director for delays related to other permits. No Ready-to-Issue Notice shall be effective for more than two (2) years. If the demolition permit is not issued within twelve (12) months, or any extension thereof, of the date of the Ready-to-Issue Notice, the demolition permit application shall be void. A reapplication and new fees shall be required, thereafter, for the proposed demolition.
[1]
Editor's Note: Former subsection 12-10.5, Demolition Permit Fees, previously codified herein and containing portions of Ordinance No. 88-010, was deleted in its entirety by Ordinance No. 2013-03. Former subsection 12-10.6, Penalties, previously codified herein and containing portions of Ordinance No. 88-010, was deleted in its entirety by Ordinance No. 2013-03. Former subsection 12-10.7, Restrictions and Exceptions for Obtaining a Permit to Demolish a Structure, previously codified herein and containing portions of Ordinance Nos. 88-010 and 91-01, was deleted in its entirety by Ordinance No. 2013-03. Former subsection 12-10.8, Applicability of the California Environmental Quality Act (CEQA), previously codified herein and containing portions of Ordinance No. 88-010, was deleted in its entirety by Ordinance No. 2013-03.
[Ord. #06-017]
This section is adopted in order to supplement the provisions of the California Integrated Waste Management Act of 1989 which requires that each local jurisdiction in the State divert fifty (50%) percent of discarded materials from landfills and aid in compliance with the Alameda County Waste Reduction and Recycling Act of 1990 (Measure D). These requirements shall apply to affected projects as specified in this section.
[Ord. #06-017]
As used in this section:
APPLICANT
Shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.
BUILDING OFFICIAL
Shall mean the designated staff person(s) authorized and responsible for implementing this section.
CONSTRUCTION
Shall mean the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. Construction refers to SIC Codes 1521 through 1794, 1796, and 1799.
CONSTRUCTION AND DEMOLITION DEBRIS
Shall mean discarded materials, packaging, and rubble resulting from construction, renovation or demolition operations on any pavements, houses, commercial buildings, or other structures.
CONVERSION RATE
Shall mean the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this section for use in estimating the volume or weight of materials identified in a debris recycling statement.
COVERED PROJECT
Shall have the meaning set forth in subsection 12-11.3a of this section.
DEBRIS RECYCLING STATEMENT
Shall mean form completed and approved pursuant to subsection 12-11.4 of this section, submitted by the applicant for any covered or noncovered project.
DEMOLITION
Shall mean decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. Demolition refers to SIC Code 1795.
DIVERSION REQUIREMENT
Shall mean the diversion of one hundred (100%) percent of the asphalt, concrete and similar material and at least fifty (50%) percent, by weight, of all other construction and demolition debris generated by the project, unless the applicant has been granted an infeasibility exemption pursuant to subsection 12-11.4 of this section, in which case the diversion requirement shall be the diversion of one hundred (100%) percent of the asphalt, concrete and similar material and the maximum feasible diversion of all other construction and demolition debris generated by the project, as established by the building official for the project.
DIVERT
Shall mean to use material for any purpose other than disposal in a landfill.
FRANCHISE AGREEMENT
Shall mean the agreement between the City and its contractor pursuant to California Public Resources Code section 40059(a) for solid waste, recyclable materials and organic materials services.
HEARING OFFICER
Shall have the meaning set forth in subsection 12-11.6 of this section.
NONCOVERED PROJECT
Shall have the meaning set forth in subsection 12-11.3b of this section.
PERFORMANCE SECURITY
Shall mean any performance bond, surety bond, cashier's check, letter of credit, or certificate of deposit submitted to the City pursuant to subsection 12-11.4d of this section.
PROJECT
Shall mean activity which requires an application for a building permit and/or a demolition permit or any similar permit from the City.
RECYCLING
Shall mean the process of collecting, delivering, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
RENOVATIONS
Shall mean the change, addition, or modification in an existing structure.
REUSE
Shall mean further or repeated use of construction or demolition debris.
SALVAGE
Shall mean the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
SUMMARY REPORT
Shall mean a form completed pursuant to subsection 12-11.5b of this section, summarizing the diversion of construction and demolition debris generated by a covered project.
[Ord. #06-017]
a. 
Thresholds for Covered Projects. The provisions of this section shall apply to all construction, demolition and/or renovation projects within the City with a permit valuation in excess of seventy-five thousand ($75,000.00) dollars as determined by the City's Building Official or designee. The seventy-five thousand ($75,000.00) dollars threshold shall be calculated as the total or projected costs of construction, demolition and/or renovation. Notwithstanding the foregoing, covered projects shall include any project involving only demolition with a permit valuation in excess of twenty-five thousand ($25,000.00) dollars.
b. 
Noncovered Projects. Applicants for projects that do not meet the valuation threshold requirement set forth in subsection 12-11.3a shall be encouraged to meet the diversion requirement standards set forth in this section.
c. 
Compliance as a Condition of Approval. Compliance with the provisions of this section shall be included as a condition of approval on all building and/or demolition permits issued for covered projects. The City has entered into an exclusive Franchise Agreement, which provides construction and demolition debris collection services for residential and commercial customers. Applicants may comply with this chapter in one (1) of two (2) ways:
1. 
Applicants may use the construction and demolition debris collection services of the City's contractor. As provided in the Franchise Agreement, the City's contractor must provide construction and demolition debris collection upon the request of residential and commercial customers; or
2. 
Applicants may elect to not use the City's contractor if they meet one of the exceptions to the exclusivity of the Franchise Agreement with regard to construction and demolition debris for:
(a) 
Commodities;
(b) 
Materials hauled by owner or occupant, or its contractor; or
(c) 
Donated materials.
[Ord. #06-017]
a. 
Submission of Debris Recycling Statements. Applicants for building and/or demolition permits involving covered projects shall complete and submit a debris recycling statement (DRS) on a form provided by the City. The completed DRS form shall indicate whether or not the applicant intends to use the City's contractor for its construction and demolition debris collection services.
b. 
Selection of City's Contractor. If the applicant's DRS form indicates that the City's contractor will provide construction and demolition debris collection services, either because the applicant does not fall within one of the exceptions to the exclusive franchise or because the applicant falls within such an exception but chooses to have its construction and demolition debris collected by the City's contractor, the applicant shall make arrangements directly with the City's contractor for the collection of construction and demolition debris. Once the applicant contacts the City's contractor for construction and demolition debris collection services and makes a good faith effort to provide construction and demolition debris for collection by the City's contractor, the applicant will be deemed to have complied with this section so long as the applicant submits a Summary Report pursuant to subsection 12-11.5 of this section.
c. 
Election to Not Use the City's Contractor. Applicants that indicate on their DRS form that they will not use the City's contractor for construction and demolition debris collection must include and indicate all of the following on the completed DRS form:
1. 
The specific exception of the Franchise Agreement under which the applicant may refuse construction and demolition services by the City's contractor;
2. 
The estimated volume or weight of the construction and demolition debris, by type of material generated;
3. 
The estimated volume or weight of materials, by material type, that can feasibly be diverted via reuse or recycling;
4. 
The vendor or facility that the applicant proposes to use to collect and/or receive the diverted material; and,
5. 
The estimated volume or weight of materials that will be deposited in a landfill.
For the purposes of this section, the applicant shall use standardized conversion rates, approved by the City, to estimate the volume and weight of materials identified in the DRS.
Applicants that elect not to use the City's contractor may not rely on one of the above-described exceptions for waste generated by human activity other than construction and demolition. Applicant shall arrange for the collection of such waste on a weekly basis by the City's contractor.
d. 
Performance Security. Applicants for all covered projects that have elected not to use the City's contractor shall submit a performance security with the DRS. The amount of the performance security shall be calculated as the lesser of three (3%) percent of total project cost or ten thousand ($10,000.00) dollars. Acceptable forms of performance security include the following: performance bonds; surety bonds; cashier's checks; letters of credit drawn on an established California bank; and certificates of deposit. The City's Building Official may waive the performance security if the total security required pursuant to this subsection would be fifty ($50.00) dollars or less.
e. 
Review of Debris Recycling Statements.
1. 
Time frame for Review. The Building Official will review the DRS and advise the applicant within five (5) working days of receipt of the DRS of the decision regarding approval or nonapproval.
2. 
Approval of Debris Recycling Statement. No building, demolition or similar permit shall be issued unless and until the Building Official has approved the DRS for the project. A DRS shall only be approved if the Building Official determines that the following conditions have been met:
(a) 
The DRS provides all of the information required by this section; and,
(b) 
The DRS form indicates that the applicant elects to use the services of the City's contractor for construction and demolition debris collection; or
(c) 
The DRS form indicates that the applicant elects not to use the City's contractor; and
(1) 
The applicant has submitted an appropriate performance security in compliance with this subsection; and
(2) 
The DRS indicates that one hundred (100%) percent of the asphalt, concrete and similar material, and at least fifty (50%) percent, by weight, of all other construction and demolition debris generated by the project as a whole will be diverted; or
(3) 
The DRS indicates that one hundred (100%) percent of the asphalt, concrete and similar material will be diverted, and has obtained an exemption pursuant to paragraph 5(d) below; or
(4) 
The DRS indicates that the project will generate a negligible amount of construction and demolition debris. The determination of whether the project will generate a negligible amount of construction and demolition debris shall be at the discretion of the Building Official.
If the Building Official determines that the applicant has met the conditions set forth above, the DRS shall be marked "Approved". A copy of the approved DRS shall be returned to the applicant.
3. 
Nonapproval of Debris Recycling Statement. If the Building Official determines that the applicant has failed to meet one (1) or more of the conditions set forth above, the DRS will be returned to the applicant requesting full documentation of the reasons that the requirements of this section cannot be met, or returned to the applicant marked "Denied". If the DRS is returned marked "Denied", it shall be accompanied by a statement of reasons for denial. No building permit shall be issued for a project until the submitted DRS has been approved by the Building Official.
4. 
Emergency Demolition. No DRS is required where an authorized official of the City has made a determination that immediate demolition is required to protect the public health or safety from imminent peril.
5. 
Infeasibility Exception.
(a) 
Application of this Section: This subsection 12-11.4e applies only to applicants for covered projects that have elected not to use the City's contractor.
(b) 
DRS Form: If an applicant experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the DRS required under subsection 12-11.4. The applicant shall indicate on the DRS the maximum rate of diversion and/or quantity of material he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.
(c) 
Meeting with Building Official: The City Building Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request of the City, the Building Official may request that staff from the Alameda County Waste Management Authority attend this meeting. Based on the information supplied by the applicant and, if applicable, Alameda County Waste Management Authority staff, the Building Official shall determine whether it is possible for the applicant to meet the diversion requirement.
(d) 
Granting of Exemption: If the Building Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the Building Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the DRS submitted by the applicant. The Building Official shall return a copy of the DRS to the applicant marked "Approved for Infeasibility Exemption" and shall notify the Building Department that the DRS has been approved.
(e) 
Denial of Exemption: If the Building Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a DRS form in full compliance with subsection 12-11.4 of this section. If the applicant fails to resubmit the DRS, or if the resubmitted DRS does not comply with subsection 20.68.040 of the Albany Municipal Code, the Building Official shall deny the DRS in accordance with subsection 12-11.4e of the Albany Municipal Code.
[Ord. #06-017]
a. 
Weighing of Construction and Demolition Debris. Applicants electing not to use the City's contractor shall make every reasonable effort to assure that all construction and demolition debris diverted and/or deposited in a landfill is measured and recorded using the most accurate method of measurement available. To the extent possible, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. A volumetric measurement shall be used for all construction and demolition debris for which weighing is not practical due to small size or other considerations. Volumetric measurements shall be converted to weight by using the conversion rates approved by the City for this purpose.
b. 
Determination of Compliance. Within thirty (30) days after the completion of any covered project, the applicant shall complete and submit a summary report on a form provided by the City. Applicants may demonstrate compliance with this section in one (1) of two (2) ways:
1. 
Applicants may demonstrate compliance by submitting a summary report indicating that it used the services of the City's contractor for construction and demolition debris collection; or
2. 
Applicants that did not use the City's contractor for construction and demolition debris collection shall so indicate on the Summary Report and include supporting documentation such as receipts and weight tags for construction and demolition debris generated by the covered project. The Building Official shall review the Summary Report and its supporting documentation to determine whether the applicant has achieved the diversion requirement. Such determination shall be based upon the requirements of this section and the following guidelines:
(a) 
Full Compliance: The applicant shall be found to have fully complied with this section if the Building Official determines that the applicant has complied with the diversion requirement applicable to the project. If the Building Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, he or she shall cause the full amount of the Performance Security to be released to the Applicant.
(b) 
Good Faith Effort to Comply: If the Building Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, consideration may be given to information submitted by the applicant, including but not limited to the availability of markets for the construction and demolition debris that was not diverted, the size and nature of the project, and the documented efforts of applicant to divert construction and demolition debris and the barriers encountered. If the Building Official determines that the applicant has made a good faith effort to comply with the diversion requirement and documentation provisions herein above set forth, he or she shall release the performance security, or a portion thereof, to the applicant. Any portion of the performance security not released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City.
(c) 
Noncompliance: If the Building Official determines that (1) the diversion requirement applicable to a covered project has not been achieved; (2) the applicant has failed to submit the documentation required by this section within the required time period; or (3) that a good faith effort was not made, then the applicant shall be in "Non Attainment" status and the performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purposes of promoting recycling within the City.
c. 
Right to Monitor and Inspect. The City shall have the right to inspect all covered projects subject to this section to determine levels of actual diversion activities and validate the information contained in the DRS and Summary Report. Upon request by the City, an applicant electing not to use the City's contractor shall provide documentation, papers and records relating to the disposal of construction and demolition debris for an affected project.
d. 
Supporting Documentation. Applicants for all covered projects that have elected not to use the City's contractor shall retain receipts and weight tags for the quantities of materials reused, salvaged, recycled and deposited in a landfill as indicated in the Summary Report for a period of one (1) year following the final inspection and issuance of a temporary or final certificate of occupancy. Applicant shall make such records available to the City for inspection and copying upon request.
e. 
Targeted Materials. In furtherance of the goals established by this section, the Community Development Director shall establish a list of materials that could potentially be reused, recycled or salvaged, and may amend the list based upon local markets and conditions, the economic feasibility of compliance and the availability of local recycling facilities.
[Ord. #06-017]
Any applicant affected by any decision, action or determination made by the Building Official regarding this section may file with the City Clerk a written appeal within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the applicant's appeal. The City Administrator shall appoint a Hearing Officer who shall hear the appeal within thirty (30) days from the date of filing. The Hearing Officer shall render a written decision within fourteen (14) days of the close of the hearing. The Hearing Officer's determination shall be final.
[Ord. #06-017]
Notwithstanding any other provision of this section, violations of this section may be enforced in the following manner: (1) Pursuant to Chapter 1 of this Code; (2) by a stop work order issued by the Building Official where work on the project has already commenced; or (3) in any other manner provided by law.
[Ord. #07-07, § 8]
This section establishes regulations as amendments to the Building Code for the expeditious repair of damaged structures. 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 modifications 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[1] codified in this section. In accordance with California Government Code Section 50022.6, at least one (1) true copy of the California Building Code has been on file with the Building Official since fifteen (15) days prior to enactment of the ordinance* codified in this section. While this section is in force, a true copy of this section shall be kept for public inspection in the office of the Building Official. A reasonable supply of this section shall be available in the office of the Building Official for public purchase.
[1]
Editor's Note: Ordinance No. 07-07, a portion of which is codified herein as Section 12-12, was adopted December 3, 2007.
[Ord. #07-07, § 8]
For the purposes of this section, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2007 California Building Code (CBC):
SUBSTANTIAL STRUCTURAL DAMAGE
A condition where:
1. 
In any story, the vertical elements of the lateral-force-resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or
2. 
The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location.
[Ord. #07-07, § 8]
For the purposes of this section, the following repair requirements are hereby added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or Repair in the 2007 California Building Code (CBC):
3403.5.1 Repairs. Repairs of structural elements shall comply with this section.
3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria.
3403.5.1.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the 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 3403.5.1.1.3.
3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following
1. 
100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Intermediate" or "Special".
2. 
Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2.
TABLE 3403.5.1.1.2
ASCE 41 and ASCE 31 PERFORMANCE LEVELS a
OCCUPANCY CATEGORY (BASED ON IBC) TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH ASCE 31 AND WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD LEVEL
PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL
I
Life Safety (LS)
Collapse Prevention (CP)
II
Life Safety (LS)
Collapse Prevention (CP)
III
Notea
Notea
IV
Immediate Occupancy (IO)
Life Safety (LS)
a Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV.
3403.5.1.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following:
a. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3403.5.1.1.2.
b. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels.
2.1.
The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.
2.2.
Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2.
2.3.
Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3.
2.4.
Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4.
2.5.
Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5.
3. 
In accordance with ASCE 31 based on the applicable performance level as shown in Table 3403.5.1.1.2.
4. 
Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards.
3403.5.1.2 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code.
3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section.
3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.
3403.5.2.2 Substantial structural damage to vertical elements of the lateral—force-resisting system. A building that has sustained substantial structural damage to the vertical elements of its lateral-force-resisting system shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3.
3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of the building code. Wind forces for this evaluation shall be those prescribed in the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code Section 3403.5.1.1.3.
3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage.
3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does not establish compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind or seismic forces. The wind design level for the repair shall be as required by the building code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the pre-damaged building, but not less than the reduced level seismic forces specified in Section 3403.5.1.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location
3403.5.2.3 Substantial structural damage to vertical load-carrying components. Vertical load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load-carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location.
3403.5.2.3.1 Lateral force-resisting elements. Regardless of the level of damage to vertical elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non-compliant, rehabilitated in accordance with Section 3403.5.2.2.3.
3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location.
3403.5.3 Referenced Standards
Standard Reference Number
Title
Referenced In Code Section Number
ASCE 31-03
Seismic Evaluation of Existing Buildings
3403.5.1.1.1, TABLE 3403.5.1.1.2, 3403.5.1.1.3
ASCE 41-06
Seismic Rehabilitation of Existing Buildings
3403.5.1.1.1,3403.5.1.1.2, TABLE 3403.5.1.1.2, 3403.5.1.1.3
[Ord. #07-07, § 9]
This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The section 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.
[Ord. #07-07, § 9]
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Albany. The City Council may extend the provisions as necessary.
[Ord. #07-07, § 9]
Safety assessment is a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
[Ord. #07-07, § 9]
a. 
The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.
1. 
INSPECTED - Lawful Occupancy Permitted is 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. 
This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
c. 
Once it has been 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. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
[Ord. #07-07, § 9]
a. 
Pursuant to the guidelines of the Governor's Office of Emergency Services Post-Disaster Safety Assessment Program, the Building Official or designee is authorized to deputize qualified individuals as authorized representatives of the City of Albany for purposes conducting safety inspections and posting official placards during an emergency. Activation procedures, roles, and responsibilities of deputized individuals shall follow guidelines of the Governor's Office of Emergency Services Post-Disaster Safety Assessment Program.
[Ord. #2015-09 § 1]
a. 
Solar energy system shall mean 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.
b. 
Small residential rooftop solar energy system shall mean all of the following:
1. 
A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
2. 
A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City of Albany and all State and Alameda County health and safety standards.
3. 
A solar energy system that is installed on a single or duplex family dwelling.
4. 
A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Albany.
c. 
Electronic submittal shall mean the utilization of one or more of the following:
1. 
Email;
2. 
The Internet;
3. 
Facsimile.
d. 
Association shall mean a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
e. 
Common interest development shall mean any of the following:
1. 
A community apartment project.
2. 
A condominium project.
3. 
A planned development.
4. 
A stock cooperative.
f. 
Specific, adverse impact shall mean 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.
g. 
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.
h. 
Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance shall mean:
1. 
For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10%) percent of the cost of the system, but in no case more than one thousand ($1,000.00) dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten (10%) percent.
2. 
For photovoltaic systems: an amount not to exceed one thousand ($1,000.00) dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10%) percent.
[Ord. #2015-09 § 2]
The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Albany, and expanding the ability of property owners to install solar energy systems. This section allows the City of Albany to achieve these goals while protecting the public health and safety.
[Ord. #2015-09 § 3, adopted 9-21-2015]
a. 
This section applies to the permitting of all small residential rooftop solar energy systems in the City of Albany.
b. 
Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section 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 shall not require a permit.
[Ord. #2015-09 § 4]
a. 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City of Albany Fire Department.
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 Building Standards Code.
c. 
Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Building Standards 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.
[Ord. #2015-09 § 5]
a. 
All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City of Albany Website.
b. 
Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.
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 of Albany's Community Development Department 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. 
All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
[Ord. #2015-09 § 6]
a. 
Review of the application shall be limited to the Building Official's review of whether the application meets local, State, and Federal health and safety requirements.
b. 
The Building Official may deny an application if the 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, as defined, 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 City of Albany Planning and Zoning Commission.
c. 
Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health or safety.
d. 
"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 of Albany on another similarly situated application in a prior successful application for a permit. The City of Albany shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
e. 
A City, County, or City and County shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
f. 
If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
g. 
Only one approved inspection shall be required and performed by the Community Development Department for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.
h. 
The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two (2) hour inspection window.
i. 
If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.