19.40.020 Definitions.
201--General
201.1 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the California Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code or California Fire Code, such terms shall have the meanings ascribed to them in those codes.
201.2 Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context applies. Webster’s Third New California Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings.
202--Definitions
Unless otherwise expressly stated, the following words and terms shall, for the purpose of this Code, have the meanings shown in the section.
Alteration is any construction or renovation to an existing building other than repair or addition. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, and replacement of existing components.
Apartment is a dwelling unit as defined in this Code.
Apartment House is any building or portion thereof which contains three or more dwelling units and, which is rented, leased, let or hired out to be occupied for consideration, or which is occupied, as the home of three or more individuals, families or living groups, living independently of each other and doing their own cooking in said building.
Berkeley Housing Code is this Chapter and applicable provisions of the currently adopted editions of the California Building Code, California Existing Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code and the State Housing Law, and applicable regulatory ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code.
Building Code is the California Building Code contained in Part 2, Title 24, California Code of Regulations, as adopted in Chapter 19.28 of the Berkeley Municipal Code.
Building Official is the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.
City means the City of Berkeley.
Complaint means notification by any person of a violation or a suspected violation of Berkeley Housing Code.
Congregate Residence is any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.
Dwelling is a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes, and includes any garages or other accessory buildings belonging thereto.
Dwelling Unit is a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Efficiency Dwelling Unit is a dwelling unit containing only one habitable room and constructed in accordance with Health and Safety Code Section 17958.1 or the California Building Code Section 1207.4.
Electrical Code is the California Electrical Code, contained in Part 3, Title 24, California Code of Regulations as adopted in Chapter 19.30 of the Berkeley Municipal Code.
Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this Code, “enforcement” includes inspections of existing buildings, subject to this Code, on which no complaint or permit application has been filed, in an effort to secure code compliance as to these existing buildings.
Fire Code is the California Fire Code contained in Part 9, Title 24, California Code of Regulations, as adopted in Chapter 19.48 of the Berkeley Municipal Code.
Hot Water is water supplied to plumbing fixtures at a temperature of not less than 110°F.
Hotel is any building containing six or more rooms, which are used, intended or designed to be used, rented or hired out to be occupied for sleeping purposes by guests.
Landlord means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.
Lodging House is any building or portion thereof, containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.
Manager means the person who has charge of any premises and is responsible for its maintenance, upkeep and cleaning.
Mechanical Code is the California Mechanical Code, contained in Part 4, Title 24, California Code of Regulations as adopted in Chapter 19.32 of the Berkeley Municipal Code.
Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.
Nuisance. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity jurisprudence.
2. Any attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.
3. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
4. Overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewage or plumbing facilities.
7. Uncleanliness, as determined by the health officer.
8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.
9. Fire hazard.
10. Substandard building.
Occupant is any individual living, sleeping, cooking, or eating in or having possession of a dwelling unit or portion thereof.
Plumbing Code is the California Plumbing Code, contained in Part 5, Title 24, California Code of Regulations as adopted in Chapter 19.34 of the Berkeley Municipal Code.
Rent means the consideration, including any deposit, bonus, benefit or gratuity, demanded or received for or in connection with the use or occupancy of rental unit and housing services. Such consideration shall include, but not be limited to, monies and fair market value of goods or services rendered to or for the benefit of the landlord under the terms of the rental agreement.
Rental Unit is any dwelling or sleeping unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy located in the City, together with all services connected with the use or occupancy of such property such as common areas held out for use by the tenant.
Repair is renewal of any part or component of an existing building for the purpose of its maintenance or to correct damage.
Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or human-caused disaster event.
Sleeping Unit is a single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
State Housing Law is the state law regulating residential occupancies. It consists of
•Health and Safety Code: Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910 to 17998.3.
•California Code of Regulations: Title 25, Division 1, Chapter 1, Subchapter 1 State Housing Law and Regulations.
Substandard Building means any building or portion thereof used for habitation that substantially endangers the life, limb, health, property, safety or welfare of the public or its occupants due to one or more violations of Section 19.40.090 of this Code.
Tenant means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.
Voluntary Code Compliance means, for the purpose of this Code, actions voluntarily initiated by an owner to achieve compliance with applicable laws including, but not limited to, fumigation, mold abatement, lead abatement, seismically retrofitting, as well abatement work performed in response to a Notice of Violation under Sections 808 and 1002 of this Code. Work performed for the purpose of improvements is not considered voluntary code compliance. (Ord. 7840-NS § 2, 2022)