Item 25

Plain English

A number of the code relaxations referred to in (22) above require a "notice of limitations." In most cases, this is an acknowledgment by the owner that he or she is benefiting from such relaxations, and is assuming some risk in employing them which might otherwise apply to the City of Oakland. The provisions of the 1996 OBC (live/work code) that require special restrictions are as follows:

325 B.2 Notice of Limitation indicating whether or not employees are permitted and/or if the individual space is regularly open to the public.
This relates to requirements for handicap accessibility when public access is permitted, as in a typical commercial space. (See
#26 for further clarification.)

325 B.3 Notice of Limitation for use of a Ship’s Stair or Ladder within an individual JLWQ (including a waiver of damages and holding the city harmless).
In JLWQ, such means are permitted to access sleeping mezzanines and built-in sleeping bunks.

325 B.4 Notice of Limitation for Use of Alternative Emergency Escape and Rescue for existing buildings.
Sometimes units are "landlocked", or have no windows opening out onto a public way or other means of egress to the street. The code permits alternative means of meeting the requirement that every bedroom have an escape window.

325 B.5 Notice of Limitation regarding an Individual F-7 Occupancy Space being a noise source greater than 60 db indicating the limitations and requirements for mitigation of excessive noise.
Sometimes spaces are built specifically to accommodate music practice space or other activities that generate lots of noise. These are permitted as long as special sound attenuating measures are adopted, such as extra layers of sheet rock, resilient channels, etc. Typically an extra 50 STC of sound wall is required when sound exceeds 60 db. Alternatively, an acoustical engineer can certify that the sound level in spaces adjacent to the unit generating noise is at an acceptable level.

327B1.1.1 Notice of Limitation regarding Shell Construction.
This means that the building is constructed under one permit but the units themselves are left to be finished out by others under separate permit(s). In the interest of full disclosure to buyers or tenants, the Notice should explain exactly what has and has not been completed and what must be completed under separate permit before units can be occupied.

If any of the above Notices of Limitation are being employed, this should be noted in the building code submittal (see example).


Nature of "notice of limitations" that affect the specific spaces(s);

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