[1]
Editor's Note: The provisions of Chapter 16 of Title 8 were adopted as Chapter 15 of Title 8 and were editorially renumbered to allow for the earlier enactment of Chapter 15 of Title 8 by Sec. 2 of Ord. 90-6, as amended by Sec. 3 of Ord. 92-06, on seismic hazards.
The purpose and intent of this chapter are to establish alternative building regulations to be applied to the conversion of commercial and industrial buildings, or portions thereof, to joint living and working quarters, hereinafter referred to as a "live/work occupancy," in order to provide for the reuse of such buildings, thereby contributing to the revitalization of the City of Emeryville, encouraging the improvement and rehabilitation of such buildings, and enhancing the cultural life of the City.
(Formerly 8-16.01; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Plans for live/work occupancies submitted with a building permit application shall show that there is the capability of installing kitchen and bathroom facilities in the space. The minimum facilities to be provided are:
(a) 
Kitchen Facilities.
(1) 
Two (2) twenty (20) amp. electrical circuits for small appliances;
(2) 
One (1) twenty (20) amp. circuit for a refrigerator;
(3) 
A two inch (2") waste line for a sink;
(4) 
Hot and cold water supply and shutoff valves;
(5) 
Capacity for supplying at least seventy-five thousand (75,000) BTUs of energy for heat and hot water; and
(6) 
One (1) sixty (60) amp. circuit or a gas line sufficient for a domestic range.
(b) 
Bathroom Facilities.
(1) 
A one and one-half inch (1-1/2") waste line for a lavatory;
(2) 
A two inch (2") waste line for a shower or a one and one-half inch (1-1/2") waste line for a bathtub;
(3) 
A three inch (3") waste line for a water closet;
(4) 
Hot and cold water supply for a lavatory, shower or bathtub and water closet, and shutoff valves for the lavatory and water closet; and
(5) 
Provision for ventilation.
(Formerly 8-16.02; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Prior to the issuance of a Certificate of Occupancy for a live/work occupancy, kitchen and bathroom fixtures must be in place.
(Formerly 8-16.03; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
The conversion of a building or a portion of a building to live/work occupancies shall not be considered a change of use for determining allowable height, number of stories, or floor area of a building, provided the outer envelope of the building is not enlarged.
The conversion of a building or a portion of a building to live/work occupancies shall be considered a change of use for all other purposes.
(Formerly 8-16.04; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In buildings of mixed occupancies, which include live/work occupancies, the area and height limitations for B-2 Occupancies, per Tables 5-C and 5-D of the 1991 Uniform Building Code, shall apply to all live/work occupancies.
In buildings of mixed use where there are live/work occupancies, A-3 Occupancies may only be allowed where there is direct access from the A-3 Occupancy to a street or public way, or to a stair enclosure that leads directly to a street or public way. No A, B 1, E 1, E 2, H, or I Occupancies shall be allowed as part of a live/work occupancy.
(Formerly 8-16.05; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
An occupancy separation need not be provided within an individual live/work occupancy.
There must a two (2) hour separation between an A-3 and a live/work occupancy. Live/work occupancies shall be separated from other occupancies, including B-2, R-1 and R-3 Occupancies as set forth in the 1991 Uniform Building Code, Table 5-B for B-2 or R-1 occupancies, whichever is most restrictive. Live/work occupancies shall be separated from other live/work occupancies. No occupancy separation shall be less than one (1) hour.
Flammable liquids, welding, open flame work or similar hazardous operations are not permitted in live/work occupancies without the express written approval of the Fire Department. Where these are permitted there must be a two (2) hour occupancy separation between the unit where the use is allowed and other units.
(Formerly 8-16.06; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Storage of hazardous materials necessary for work activities in live/work occupancies may be stored in control areas per Tables 9-A and 9-B of the 1991 Uniform Building Code.
The number of control areas in a live/work occupancy shall not exceed two (2), and shall be located in a portion of the space designated for work. The control areas shall be approved as to construction and location by the Fire Department.
(Formerly 8-16.07; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In live/work occupancies, the emergency escape window need not be in an area designated for sleeping as long as it is visible from any area that could be used as a sleeping area.
In live/work occupancies an openable skylight may be used to provide an emergency exit as long as it can be reached by a permanent, fixed stairway which meets the requirements of Chapter 33 of the 1991 Uniform Building Code, except that it may be two feet six inches (2'6") wide. The skylight must have an openable area that is a minimum of 5.7 square feet and shall be such that a sphere twenty-four inches (24") in diameter can pass through.
In buildings over two (2) stories in height, where a skylight is used for emergency egress, there must be a fire escape or rigid ladder that is permanently attached to the building and is able to be lowered all the way to the ground. In buildings of one (1) or two (2) stories where a skylight is used for emergency egress, a fixed ladder that can be lowered from the roof to the ground must be installed.
(Formerly 8-16.08; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
The living area of live/work occupancies shall be provided with natural light by means of exterior glazed openings with an area equal to the greater of six (6) square feet or six (6) square feet per six hundred (600) square feet of living area.
Ventilation shall be per City of Emeryville Municipal Code Section 9-4.58.7(f).
(Formerly 8-16.09; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Live/work occupancies shall be provided with smoke detectors per the Uniform Building Code, Section 1210. Smoke detectors shall be approved and listed by the California State Fire Marshal for residential use and shall be installed per their listing and/or the requirements of the Emeryville Fire Department.
(Formerly 8-16.10; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Buildings containing live/work occupancies shall be provided with an approved manual and automatic fire alarm system when they are three (3) or more stories in height or contain sixteen (16) or more live/work units.
(Formerly 8-16.11; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Within individual live/work occupancies the top of guardrails may be thirty-six inches (36") in height.
(Formerly 8-16.12; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
For live/work occupancies, the clear height above and below any mezzanine floor construction shall be not less than seven feet (7'). Where exposed beam ceiling members are spaced at less than forty-eight inches (48") on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches (48") or more on center, ceiling height shall be measured to the bottom of the deck supported by these members provided that the bottom of the members is not less than six feet six inches (6'6") above the floor.
For areas with a sloping ceiling, the prescribed ceiling height is required in only one half (1/2) the area thereof. No portion of the room measuring less than five feet (5') from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.
(Formerly 8-16.13; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
For live/work occupancies, a uniform load of forty (40) pounds per square foot may be used for areas accessible only by stairs or passenger elevators. Where areas are accessible by freight elevator or ramp they shall be designed for fifty (50) pounds per square foot.
(Formerly 8-16.14; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Occupant load for individual live/work occupancies shall be the same as for residential occupancies. The occupant load for buildings containing live/work as well as other occupancies shall be determined by adding the occupant loads of the various occupancies.
(Formerly 8-16.15; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Stairways within a live/work occupancy may be constructed with an eight inch (8") maximum rise and a nine inch (9") minimum run. Within a live/work occupancy, areas that are clearly used only for storage may be accessed by means of a fixed ladder. Spiral staircases which comply with Uniform Building Code Section 3306(f) may be installed.
(Formerly 8-16.16; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In live/work occupancies, wall and floor ceiling assemblies separating units from each other and from public spaces, such as interior corridors and service areas, shall provide airborne sound insulation for walls and both air-borne and impact sound insulation for floor ceiling assemblies.
All wall and floor ceiling assemblies shall be designed to provide airborne sound insulation to meet a sound transmission class of (STC) 50 (45 if field tested).
All floor ceiling assemblies shall be designed to meet an impact insulation Class IIC of 50.
(Formerly 8-16.17; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In live/work occupancies, insulation is only required when exterior walls and ceilings become accessible. When a ceiling is to be installed, insulation rated at R-30 must be installed if the existing construction permits, or a lesser R value may be used if existing construction does not permit.
(Formerly 8-16.18; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In live/work occupancies where structural conditions prevent the termination of the water heater pressure and temperature relief valve at the exterior of the building, these valves may terminate at a floor drain, a floor sink, a work or utility sink. They may not terminate at a toilet, lavatory, shower, bathtub or kitchen sink.
If the floor beneath the water heater is concrete and if the water heater is installed on top of a metal pan manufactured and listed for this use, the relief valve may terminate between six inches (6") and twelve inches (12") above this pan. When installed in this fashion, an additional pressure-relief valve must be installed in the water line. This valve must contain an integral bypass valve which permits the relief of excessive pressure via the supply main. In lieu of such a valve, an approved and listed expansion tank must be installed.
(Formerly 8-16.19; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
ABS and PVC drainage and plumbing vent piping may be installed in live/work occupancies. Plastic pipe which penetrates a one (1) hour fire-rated wall, whether the penetration is completely through the wall or of only one (1) side, must be fire stopped with rated and listed intumescent fire-stop material.
Plastic pipe may be installed underground for buildings not more than two (2) stories in height if it can be demonstrated that there is no soil contamination from petroleum-based fuels. Soil analysis must be made by an accredited testing laboratory.
(Formerly 8-16.20; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
Gas-fired heating equipment must be vented to the exterior and must be installed in accordance with its listing.
(Formerly 8-16.21; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
In all new walls of live/work occupancies, receptacle outlets shall be installed so that no point along the floor line in any wall space is more than six feet (6') measured horizontally from an outlet along that wall, including any wall space two feet (2') or more in width. The wall space afforded by fixed room dividers, such as freestanding bar type counters, shall be included in the six foot (6') measurement.
(Formerly 8-16.22; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
The Building Official shall have the power to render interpretations of this chapter, and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this chapter.
(Formerly 8-16.23; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
All buildings which have one (1) or more live/work occupancies shall place on file in the office of the Fire Chief a schematic of the interior floor plan of the building with the location of the live/work occupancies clearly indicated. This plan shall indicate the position of fire extinguishers, standpipes and exits. Copies of this plan shall also be mounted on the wall inside of the main entry lobby.
(Formerly 8-16.24; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)
The Uniform Codes currently adopted by the City as well as the current National Electrical Code shall govern the design, construction, alteration, repair, and maintenance of all live/work occupancies except for those items specifically addressed by this chapter.
(Formerly 8-16.25; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 1 (part), Ord. 93-001, eff. Feb. 4, 1993)