Agenda packet, first session — Berkeley City Council, November 10, 2025 (part 1 of 2)

Monday, November 10, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Monday, November 10, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 112 3117. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Liv
e captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream .

All Council meetings are recorded.

Thi
s meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Pur
suant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Go
vernment Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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Monday, November 10, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000- year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Evie Wozniak, Berkeley Resident
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non- agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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Monday, November 10, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 10, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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Consent Calendar
Monday, November 10, 2025 AGENDA Page 4

2. Contract: Tablet Command for Mobile CAD and Incident Command From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to enter into a contract and any amendments with Tablet Command for Mobile CAD and Incident Command by piggybacking on a contract with the City of Long Beach. The Berkeley contract will be effective November 5, 2025, and end on September 21, 2027, in an amount not to exceed $135,000 which includes one-time startup costs. The contract may be extended for three additional one-year periods at a cost not to exceed $85,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

3. Contract: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or delegate, to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X in support of the following City Departments: Fire, Public Works, and Information Technology, for an amount not to exceed $892,000 through June 30, 2026.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Terrance Davis, Public Works, (510) 981-6300, Kevin Fong, Information Technology, (510) 981-6500

4. Amend Resolution No. 71,682-N.S for Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr. Way
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 71,682-N.S authorizing the City Manager or his designee to increase the requested grant funds amount to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project from $4,500,000 to $5,000,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
Monday, November 10, 2025 AGENDA Page 5

5. Grant Application: The 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to 1) Submit a grant application to the California Division of Boating and Waterways (DBW) 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Accept the grant; 3) Execute any amendments; and 4) Authorize a local match contribution of $1,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Council Consent Items

6. Fifteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Ishii (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation:

1. Adopt a Resolution co-sponsoring the 15th Annual Martin Luther King Jr.

Celebration on January 19, 2026.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Ishii, to the Berkeley Rotary Endowment, the fiscal sponsor of the 15th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Ishii and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100

7. Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a four-year term ending on January 1, 2030.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100

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Council Consent Items
Monday, November 10, 2025 AGENDA Page 6

8. Resolution of the City of Berkeley Supporting the Bay Area Air District’s Zero Emission Building Appliance Rules
From: Councilmember Tregub (Author), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a resolution in support of the Bay Area Air District’s Zero- Emission Building Appliance Rules phasing out the sale of polluting gas-fired water heating and space heating equipment starting in 2027 for water heaters and 2029 for furnaces. The resolution also supports common-sense amendments to the rules to ensure flexibility for residents who have particular difficulty with compliance.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

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Action Calendar – Public Hearings
Monday, November 10, 2025 AGENDA Page 7

9. Adoption of the 2025 California Fire Code with Local Amendments From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance repealing the Berkeley Fire Code (Berkeley Municipal Chapter 19.48) and reenacting BMC Chapter 19.48;

2. Adopt a Resolution setting forth findings of local conditions that require more stringent building standards than those provided by the 2025 California Fire Code (“CFC”) and rescinding Resolution number 71,710–N.S.;

3. Conduct a public hearing and upon conclusion, adopt a Resolution establishing annual permit fees, inspection and billing rates for inspection of property sites by the Berkeley Fire Department, and rescinding Resolution number 71,837–N.S. and all Resolutions amendatory thereof.

4. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading and before the second reading, and schedule the public hearing for December 2, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Action Calendar – New Business

10. Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code
From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance creating a new Berkeley Municipal Code Chapter 19.49 and adopting the 2025 California Wildland-Urban Interface (WUI) Code, Title 24 Part 7, along with local amendments.

2. Adopt a Resolution setting forth findings of local climatic, geological, and topographical conditions that require more stringent standards than those in the State Code.

3. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading, and before the second reading, and schedule the second reading and public hearing for December 2, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

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Action Calendar – New Business
Monday, November 10, 2025 AGENDA Page 8

11. Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers From: City Manager
Recommendation: Pursuant to Chapter 2.99 of the Berkeley Municipal Code, adopt a Resolution accepting the Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

Council Action Items

12. Referral to Amend Berkeley Municipal Codes 3.24.120 and

3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit
From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor)
Recommendation: Refer to the City Manager and City Attorney to amend two related Berkeley Municipal Code (BMC) sections: 3.24.120, “Landmarks, Historic Districts and Structures of Merit-Designation-Initiation Procedures,” and its related BMC section 3.24.300, “Appeals-Procedures Required-City Council Authority.” This referral recommends refinements to the procedure for designating landmarks, historic districts, and structures of merit to discourage frivolous designations, often of sites that are planned to be redeveloped to address our City’s housing shortage.

Proposed amendments include the following two changes to the BMC:
1) Raising the threshold for the number of residents needed to sign the verified application of initiation of designation from 50 to 200; and 2) For properties located in residential zoning districts, require 51 percent of the residents within a 300-foot radius of the subject building/structure to be among the applicants signing on to initiate the landmark / structure of merit designation, similar to the threshold used for other City procedures by the Planning and Public Works departments. We note that this second requirement may necessitate the collection of more than 200 signatures.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

Public Comment – Items Not Listed on the Agenda
Adjournment

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Monday, November 10, 2025 AGENDA Page 9
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

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Monday, November 10, 2025 AGENDA Page 10
Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 23, 2025.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Waterside Workshops

1. Erin Woodell

California Writers Club

2. Richard Schwartz (2)

My Town AI

3. John J. Parman

Dia de Los Muertos Event

4. Adriana Betti on behalf of the Muertos Committee

Strong Shoreline Initiative

5. Rigel Robinson

IKE Kiosks

6. Sylvia

Care for Homeless People

7. Diana Bohn

Housing Concerns

8. Benito Romero

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Monday, November 10, 2025 AGENDA Page 11

Traffic Safety

9. Whytes

Business Rights

10. Todd Andrew (2)

11. Beth Roessner

New CA State Legislation

12. Todd Andrew

Drone Proposal

13. Wendy Alfsen

Flock Concerns

14. Margots999

Elementary Reading Program

15. Marlene Cohen

Eid’s Televsion

16. Eid (3)

Newsletters

17. Berkeley Art Center

18. Downtown Berkeley Association

Middle East Conflict

19. Rebecca Ayers Azran (3)

Forwards

20. Russbumper (3)

URL’s

21. Russbumper

E-Scooters

22. Robert Borghese (6)

23. Devin Dollinger (4)

24. Wahid Amiri (3)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

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Monday, November 10, 2025 AGENDA Page 12

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 10, 2025

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $625,000 PROJECT Fund Source Amount
Occupational Medicine
Services 676 Worker’s Compensation $75,000
Return to Work Consultant 011 GF - Discretionary $250,000 South Adeline Area
Landscape
138
511
Parks Tax
Measure T1
$50,000
$250,000
Total: $625,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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Internal
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on November 10, 2025 CONSENT CALENDAR
November 10, 2025

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director of Finance, 510-981-7329
Attachments:

1. Occupational Medicine Services

2. Return to Work Consultant

3. South Adeline Area Landscaping
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO
BE CHARGED DEPT. / DIVISION CONTACT NAME &
PHONE
26-11766-C Occupational
Medicine Services
11/5/2025 12/4/2025 Provide Citywide
Occupational Medicine
Services to all City
departments to administer the
City's occupational medicine
program
$75,000 per
year
50% from 676-34-343-
000-0000-000-472-
612240 50% from
011-34-343-000-0000-
000-412-612990
Human Resources/
Workers'
Compensation
Janelle Rodrigues
510-981-6807
26-11767-C Return to Work
Consultant
11/5/2025 12/4/2025 A return to work consultant
will assist the Workers'
Compensation division with
more complicated Workers'
Compensation cases to
transition injured employees
back into work by
coordinating with the City,
medical providers and
Innovative Claim Solutions,
the City's third-party Workers'
Compensation administrator.
$250,000.00 011-34-343-000-0000-
000-412-612990 In
addition, various funds
and account codes
across departments
utilize this service
Human Resources/
Safety
Kevin Walker
510-981-6825
Chaka Young
510-981-6821
DEPT. TOTAL $325,000
26-11768-C South Adeline Area
Landscaping
11/5/2025 12/4/2025 Construction Services for
Adeline Street Landscaping
and other related
improvements
$300,000.00 Parks Tax $50k
138-52-545-000-0000-
000-461-663110
PRWPK26012
Measure T1
$250k
511-52-545-000-0000-
000-461-663110
PRWPK026012
Parks, Recreation &
Waterfront
Department/ Capital
Projects
Evelyn Chan 510-
981-6430
Csilla Kenny 510-
981-6346
DEPT. TOTAL $300,000
TOTAL $625,000

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Tablet Command for Mobile CAD and Incident Command

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to enter into a contract and any amendments with Tablet Command for Mobile CAD and Incident Command by piggybacking on a contract with the City of Long Beach. The Berkeley contract will be effective November 5, 2025, and end on September 21, 2027, in an amount not to exceed $135,000 which includes one-time startup costs. The contract may be extended for three additional one-year periods at a cost not to exceed $85,000 per year.

FISCAL IMPACTS OF RECOMMENDATION
Total cost of base contract period will not exceed $135,000 and the total cost inclusive of all extension years is $390,000. All funds required to pay for this contract are in the Department’s baseline operating budget. Funding sources include Measure FF (Emergency Response and Preparedness), UC Settlement or General Funds.

CURRENT SITUATION AND ITS EFFECTS
The Department is seeking a Mobile Computer Assisted Dispatch (Mobile CAD) computer program that will provide a real-time interface and two-way mobile communication capability for responders with the City’s CAD system. The system will also provide enhanced GIS mapping, integrate with existing GIS mapping software to provide enhanced mapping to responders, and provide incident commanders with a mobile solution to run and coordinate emergency incidents. Tablet Command is the Mobile CAD product used by fire departments in Alameda and Contra Costa Counties; Berkeley is one of the last jurisdictions to join this common operating software.

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Contract: Tablet Command for Mobile CAD and Incident Command CONSENT CALENDAR November 10, 2025

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BACKGROUND
The City of Long Beach released a competitive Request for Proposal (RFP) Incident Management Application No. TI-24-492 on October 24, 2024. Five proposals were received by the December 18, 2024 deadline. All five proposals were reviewed to ensure they met the mandatory requirements outlined in the RFP and were deemed responsive to the mandatory qualification criteria. A seven-person selection committee comprising representatives from the Technology and Innovation and Fire Departments evaluated the proposals based on their subject matter expertise.

After a thorough review and evaluation of proposals, the selection committee selected three firms: Tablet Command, Locality Media Inc and Always on Scene, LLC. To interview with the City. Final scores for all evaluated proposals are shown in the table below.

VENDOR NAME SCORE (out of possible 100)
Tablet Command 85%
Locality Media Inc (First Due) 70%
Always on Scene, LLC. 61%
Eccentex 44%
Bryx, Inc. 42%
The shortlist was posted on February 13, 2025, and firms were invited to conduct demonstrations on February 24 - 26, 2025. After the selected firms conducted comprehensive demonstrations, the selection committee conducted a separate evaluation of these presentations based on the criteria stated in section

3.2 of the RFP and unanimously determined that Tablet Command of Walnut Creek, CA best satisfied the requirements in accordance with the criteria. Final scores for all evaluated demonstrations are shown in the table below. A notice of intent to award was issued to Tablet Command on March 25, 2025.

VENDOR NAME SCORE (out of possible 100)
Tablet Command 86%
Locality Media Inc (First Due) 61%
Always on Scene, LLC. N/A (didn’t attend the demonstration)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no identified impact.

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Contract: Tablet Command for Mobile CAD and Incident Command CONSENT CALENDAR November 10, 2025

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RATIONALE FOR RECOMMENDATION
Tablet Command will provide better communication between the dispatch center and first responders operating in the field. It will also provide a tool that incident commanders can use to better track and account for emergency apparatus and first responders on the scene of an emergency. All of this enhances the Fire Department’s ability to provide service, coordinate larger incidents/disasters when mutual aid assistance will be arriving in large numbers, and keep employees safe.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: TABLET COMMAND FOR MOBILE CAD AND INCIDENT COMMAND WHEREAS, the Fire Department is seeking a Mobile Computer Assisted Dispatch (Mobile CAD) computer program that will provide a real-time interface and two-way mobile communication capability for first responders with the City’s CAD system, provide enhanced GIS mapping, integrate with existing GIS mapping software to provide enhanced mapping to responders, and provide incident commanders a mobile solution to run and coordinate emergency incidents, and WHEREAS, Tablet Command is the Mobile CAD product used by fire departments in Alameda and Contra Costa Counties, and
WHEREAS, the City of Long Beach conducted a competitive Request for Proposal No.

TI-24-492 on October 24, 2024. Five proposals were received by the December 18, 2024 deadline, and
WHEREAS, A notice of intent to award was issued to Tablet Command on March 25, 2025.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or their designee is authorized to execute a contract and any amendments with Tablet Command for Mobile CAD and Incident Command by piggybacking on a contract with the City of Long Beach (California). The Berkeley contract will be effective November 5, 2025, and end on September 21, 2027, in an amount not to exceed $135,000 which includes one-time startup costs. The contract may be extended for three additional one-year periods at a cost not to exceed $85,000 per year.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Chief, Fire Department
Terrance Davis, Director, Public Works
Kevin Fong, Director, Information Technology
Subject: Contract: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or delegate, to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X in support of the following City Departments: Fire, Public Works, and Information Technology, for an amount not to exceed $892,000 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract will be provided through departmental allocations in Fiscal Year (FY) 2026. Allocations are anticipated to be drawn from Measure FF (Emergency Response and Preparedness), UC Settlement and General Fund resources, Public Works departmental operating funds, and the Information Technology Cost Allocation Fund as follows:

Department Amount Fund
Fire $ 392,000 Fund 164 ((Measure FF
Fund 147 (UC Settlement)
Fund 011 (General Fund)
Public Works $ 200,000 Fund 501 - $100,000
Fund 601 -$100,000
Information Technology $ 300,000 Fund 680 (IT Cost Allocation Plan) $ 892,000 Total Professional Services

CURRENT SITUATION AND ITS EFFECTS
The Fire, Public Works, and Information Technology Departments are currently managing multiple high-priority projects that require specialized expertise and staffing

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Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR November 10, 2025

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capacity beyond current resources. Recruitment and retention challenges, combined with the need for concurrent project execution, have created gaps that must be filled to ensure continuity of operations.

The following are examples of situations in which temporary help is required within each department:
 Fire Department: Actively implementing projects to strengthen prevention, training, emergency response capacity, and administrative assistance.  Public Works: Advancing infrastructure initiatives, including capital improvement projects, environmental compliance, and operations modernization.  Information Technology: Supporting critical server hardware and software, cybersecurity initiatives, and specialized citywide technology upgrades.

Protiviti has provided professional services to the City in prior engagements, delivering critical technical and operations support. Continued use of Protiviti’s services will allow departments to maintain momentum on essential projects, minimize delays, and ensure delivery of high-quality services.

This aligns with the City’s strategic priority plan to “be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community”.

BACKGROUND
Protiviti provides professional services across a range of disciplines, including technology, operations and program management. Many government agencies and public entities rely on Protiviti to augment their resources, particularly in areas where specialized expertise or flexible staffing is required to meet operational and project demands.

The City of Berkeley has previously contracted with Protiviti, with Council approval, to provide supplemental staffing and consulting support for departments including Fire, Information Technology, Public Works, and Human Resources. In those engagements, Protiviti has consistently delivered high-quality resources who were able to integrate seamlessly into City operations and support timely project delivery. Their ability to respond quickly with qualified staff has enabled the City to adapt to shifting priorities, scale resources up or down as needs arise, and ensure continuity of operations during periods of heightened workload and staffing shortages.

Protiviti’s support has proven essential in helping departments manage complex, interdependent projects that are time-sensitive and critical to public service delivery. By continuing to engage Protiviti, the City ensures that departments have access to specialized expertise and flexible staffing capacity necessary to meet the needs of the organization.

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Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR November 10, 2025

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Where appropriate, Protiviti will conduct their work remotely thus reducing greenhouse gas emissions from travel to and from city facilities.

RATIONALE FOR RECOMMENDATION
Protiviti has demonstrated the ability to provide high-quality, flexible staffing solutions tailored to the City’s operational needs. Augmented services are critical to maintain continuity, address workload surges, and ensure timely completion of priority initiatives.

ALTERNATIVE ACTIONS CONSIDERED
The City could rely solely on existing staff resources; however, this would delay project timelines and risk service interruptions.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

PROTIVITI GOVERNMENT SERVICES (“PROTIVITI”): USING GENERAL SERVICES ADMINISTRATION (“GSA”) VEHICLE FOR PROFESSIONAL SERVICES PURCHASE ORDERS
WHEREAS, Protiviti, formerly operated under Robert Half International, is a professional services firm that provides staffing and consulting support to government agencies and public entities across a wide range of functions, including technology, operations, and program management; and
WHEREAS, the City of Berkeley has previously contracted with Protiviti, with Council approval, and Protiviti has successfully provided timely and qualified resources to support City departments in meeting critical project and operational needs; and WHEREAS, the Fire, Public Works, and Information Technology Departments are each managing complex, time-sensitive initiatives that are essential to the City’s ability to deliver services to the community; and
WHEREAS, due to recruitment and retention challenges and the need for specialized expertise, it is necessary for the City to maintain access to flexible, scalable staffing solutions to ensure continuity of operations and timely completion of projects; and WHEREAS, Protiviti has demonstrated the ability to deliver high-quality resources that integrate effectively with City teams, allowing departments to advance projects efficiently and maintain alignment with Council-adopted goals; and WHEREAS, funds are available in the Fire Department’s Measure FF, UC Settlement and General Fund resources, Public Works departmental operating funds, and the Information Technology Cost Allocation Fund; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or delegate, is authorized to issue purchase orders with Protiviti for augmented professional services in support of the Fire, Public Works, and Information Technology Departments in an amount not to exceed $892,000 through June 30, 2026.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Amend Resolution No. 71,682-N.S for Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr. Way

RECOMMENDATION
Adopt a Resolution amending Resolution No. 71,682-N.S authorizing the City Manager or designee to increase the requested grant funds amount to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project from $4,500,000 to $5,000,000.

FISCAL IMPACTS OF RECOMMENDATION
If the joint application to the Homekey+ program is successful, the total award will increase from $4,224,000 to $4,554,000 ($3,300,000 capital request and $1,254,000 operating request). The grant funds will go directly to 2942 MLK Berkeley LLC, a Special Purpose Entity (SPE) created by Insight Housing (Insight) to own and operate the project. However, if HCD requires the City to be the recipient of funds instead of the SPE, the City will pass the funds through to the SPE for the project.

CURRENT SITUATION AND ITS EFFECTS
On August 7, 2025, HCD amended the Homekey+ 2024 Notice of Funding Availability (NOFA). One of these amendments provided an additional $30,000 in operating funds per veteran unit. Since the MLK House project includes 11 veteran units, it is eligible for an additional $330,000 for a total of $4,554,000. In order to accept the additional funds, HCD requires an update to the authorizing resolution, Resolution No. 71,682-N.S. adopted by Council on March 11, 2025, which requested a total amount not to exceed $4,500,000.

Resolution No. 71,682-N.S. with proposed changes – redlined is attached to this report as Attachment 1. It revises the total amount of requested Homekey+ grant funds to not exceed $5,000,000. Attachment 2 is the clean version of the amended resolution if Council adopts the changes.

BACKGROUND
Homekey+ is a new program funded by Proposition 1 to build permanent supportive housing for veterans and other individuals with mental health and/or substance use

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Revised Resolution for Joint Homekey+ Application for MLK House CONSENT CALENDAR November 10, 2025

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disorders. There is $1.033 billion available for veterans and $1.11 billion for all other eligible populations. It has a similar model to the original Homekey program which encouraged rehabilitation and conversion of existing buildings into permanent affordable housing. HCD released the Homekey+ NOFA on November 23, 2024, and HCD announced Homekey+ awards in the summer of 2025 on a rolling basis. As of September 18, 2025, almost $285 million was awarded to create 825 affordable and supportive homes in California.

Insight requested that the City jointly apply for Homekey+ funding to support the renovation and operation of its MLK House project. MLK House (2942-2944 Martin Luther King, Jr. Way) is a Single-Room Occupancy (SRO) permanent housing project with shared bathrooms and a communal kitchen.

Insight took ownership of MLK House in November 2024 and intends to convert the property into supportive housing for 11 homeless or formerly homeless veterans. The City provided a $2,000,988 Housing Trust Fund program loan (authorized by Council in January 2024 with Resolution No. 71,190-N.S.) to support the rehabilitation of the property. Insight intends to use the funds to add kitchenettes to each room to make them eligible for Veterans Affairs Supportive Housing (VASH) vouchers from the Department of Veterans Affairs (VA). The vouchers will provide critical operating support, but additional capital and operating funding from Homekey+ would benefit the project’s long-term feasibility.

To meet the eligibility requirements of HCD’s Homekey+ program, the City will need to jointly apply with the development team and provide matching funds. The application will list the City’s $2,000,988 HTF reservation as the required capital match. For the project to receive the Homekey+ funds, the City will be required to enter into the State’s Standard Agreement, which will require the project to remain affordable for 55 years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. If the City’s funding application is successful, the project will be rehabilitated, which is generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
Participation in a joint Homekey+ application with Insight Housing for MLK House will support veterans experiencing homelessness with behavioral health challenges and will bring permanent supportive housings units for that population online on an expedited timeline. Adopting this revised resolution will allow MLK House to apply for an additional $330,000 in operating funds.

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Revised Resolution for Joint Homekey+ Application for MLK House CONSENT CALENDAR November 10, 2025

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ALTERNATIVE ACTIONS CONSIDERED
The City could decline to increase the total amount of grant funds. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff is recommending participation as described above.

CONTACT PERSON
Be Tran, Community Development Project Coordinator, HHCS, (510) 981-5430 Attachments:
1: Draft Resolution No. 71,682-N.S with proposed changes – Redlined 2: Amended Resolution No. 71,682-N.S. – Clean copy

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RESOLUTION NO. 71,682 -N.S.

RESOLUTION OF THE GOVERNING BODY OF CITY OF BERKELEY AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY+ PROGRAM WHEREAS, The Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability, dated November 26, 2024 (“NOFA”), for the Homekey+ Program (“Homekey+” or “Program”). HCD has issued the NOFA for Homekey+ grant funds pursuant to Health and Safety Code Section 50675.1.3 (Assem.

Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem.

Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively; and
WHEREAS, City of Berkeley (“Applicant”) desires to jointly apply for Homekey+ grant funds with Insight Housing and 2942 MLK Berkeley LLC. Therefore, Applicant is joining Insight Housing and 2942 MLK Berkeley LLC in the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration; and WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey+ Program.

NOW THEREFORE, BE IT RESOLVED that Applicant is hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $4,500,0005,000,000.

BE IT FURTHER RESOLVED that if the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $4,500,0005,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).

BE IT FURTHER RESOLVED that Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

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BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Application and the Homekey+ Documents on behalf of City of Berkeley for participation in the Homekey+ Program.

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RESOLUTION NO. 71,682 -N.S.

BE IT FURTHER RESOLVED that if the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $5,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation, and Waterfront Subject: Grant Application: The 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to 1) Submit a grant application to the California Division of Boating and Waterways (DBW) 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Accept the grant; 3) Execute any amendments; and 4) Authorize a local match contribution of $1,000.

FISCAL IMPACTS OF RECOMMENDATION
The cost to remove and dispose of abandoned and derelict vessels at the Berkeley Marina through FY2026 is estimated at $90,000. The Parks, Recreation, and Waterfront Department submitted a grant application to the DBW 2025 SAVE grant program in the amount of $90,000 for this work. The awarded amount is $10,000, and a local match of $1,000 (10% of award) is required. Funding for the local match will be recommended for appropriation through the second amendment to the appropriation ordinance in the Marina Fund (Fund 608). The grant funds will be deposited in the Boating and Waterways Fund (Fund 607).

CURRENT SITUATION AND ITS EFFECTS
Each year, approximately ten (10) vessels get abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate revenue for the City, and these vessels are a visual blight and harm the Marina’s reputation. This new round of funding will assist in keeping docks clear of derelict vessels in the coming year, and build upon the progress made in removing derelict vessels via previous SAVE Grants.

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Grant App: 2025 Surrendered and Abandoned Vessel Exchange (SAVE) CONSENT CALENDAR November 10, 2025

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BACKGROUND
Responsibility for derelict and abandoned vessels, unfortunately, often falls on public agencies. In 2020, the Berkeley Marina was awarded a SAVE grant for $130,000 of which 86% was used to remove twenty-five derelict vessels. In late 2020 the Berkeley Marina was awarded a SAVE grant for $42,000 of which 100% was used to remove 8 derelict vessels. In late 2021 the Berkeley Marina was awarded a SAVE grant for $42,000, of which 100% was used to remove 7 vessels. In late 2022 the Berkeley Marina was awarded a SAVE grant for $60,000, of which 100% was used to remove 16 vessels. In late 2023 the Berkeley Marina was awarded a grant for $60,000 of which 100% was used to remove 16 vessels. In late 2024 the Berkeley Marina was awarded a grant for $50,000 of which 27% has been used so far. For the past 20 years, the Division of Boating and Waterways has provided grant funding assistance to public agencies throughout California, including the City of Berkeley, to properly remove, store, and dispose of abandoned, wrecked, or dismantled vessels or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Derelict, abandoned, and sunken vessels pose a navigational and environmental hazard to the waters of the Bay (e.g., they can leak oil fuel, oil coolant, paints and solvents, sanitary waste, etc.) Removal and proper disposal of these vessels contributes to the improvement to the health of the Bay waters.

RATIONALE FOR RECOMMENDATION
The Parks, Recreation, and Waterfront Department has the primary responsibility for removing derelict and abandoned vessels from local waters. SAVE grants, allow the City to substantially leverage our existing funding for these projects, and safely remove potential environmental and navigational hazards from our waters. The swift removal of derelict vessels from our Marina via SAVE Funds prevents the accumulation of such vessels on our docks improves the attractiveness of the Berkeley Marina to existing and prospective slip holders.

CONTACT PERSON
Alexandra Endress, Waterfront Manager, 981-6737
Sean Crothers, Waterfront Supervisor, 981-6744
Attachments:

1. Resolution

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RESOLUTION NO. ##,###-N.S.

GRANT APPLICATION: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM OF THE STATE DIVISION OF BOATING AND

WATERWAYS
WHEREAS, each year, approximately ten (10) vessels get abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. This number is expected to increase due to financial hardships of the Covid-19 pandemic. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and these vessels are a visual blight on our Marina and harm our reputation; and WHEREAS, responsibility for abandoned vessels, unfortunately, often falls on public agencies. For the past 20 years, the Division of Boating and Waterways (DBW) has provided grants to public agencies, including the City of Berkeley, to remove, store, and dispose of abandoned, wrecked, or dismantled water vessels or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner's consent; and
WHEREAS, the Parks, Recreation and Waterfront (PRW) Department has the primary responsibility for removing derelict and abandoned vessels from local waters. By applying for SAVE grants, the City is able to substantially leverage our existing funding for these projects, and safely remove potential environmental and navigational hazards from our waters; and
WHEREAS, the cost to remove and dispose of ten (10) abandoned and derelict vessels at the Berkeley Marina through FY2026 is estimated at $90,000. The PRW Department submitted a grant application to the DBW 2025 SAVE grant program in the amount of $90,000 for this work. DBW awarded $10,000, and a local match of $1,000 (10% of award) is required. Funding for the local match will be recommended for appropriation through the second amendment to the appropriation ordinance in the Marina Fund (Fund 608). The grant funds will be deposited in the Boating and Waterways Fund (Fund 607).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to 1) submit a grant application to the California Division of Boating and Waterways 2025 SAVE grant program for $90,000; 2) accept the grant; 3) execute any resulting grant agreements and any amendments; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses, including $1,000 in local match from the Marina Fund, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
November 10, 2025
To: Honorable Members of the City Council
From: Mayor Ishii (Author), Councilmembers Bartlett, Humbert, and Lunaparra (Co- Sponsors)
Subject: Fifteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund

RECOMMENDATION

1. Adopt a Resolution co-sponsoring the 15th Annual Martin Luther King Jr. Celebration on January 19, 2026.

BACKGROUND
The annual Martin Luther King Jr Celebration, which first started in 2012, strives to bring together a diverse group of East Bay residents to celebrate and continue the work of Dr.

Martin Luther King Jr. The purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr.

King and to honor adult and youth leaders in our community.

The theme of this year’s event is “Beyond the Dream, Be the Light”. This theme is in recognition that amidst the broad challenges we as a society currently face, the community and residents of Berkeley can be the light forward. This annual event provides an opportunity to recognize youth, community, and civic leaders who are furthering Dr. Marin Luther King Jr.’s legacy in their work to build community and a vision for the future.

We are proposing that City Councilmembers make individual grants of up to $500 to the Berkeley Rotary Endowment to commemorate and honor Dr. Martin Luther King Jr and support organizations being recognized at the event. The breakfast event is being held in person at the DoubleTree Hotel at the Marina, January 19, 2024. Funding that is

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raised will be used to provide scholarships to high school leaders recognized during the program along with a small honorarium to community action awardees.

FINANCIAL IMPLICATIONS
No General Fund impact; $500 is available from Mayor Ishii’s Office Budget discretionary accounts.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Adena Ishii 510-981-7100
Attachments: 1: Resolution for City Sponsorship 2: Resolution for Council Expenditures

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RESOLUTION NO. ##,###-N.S.

CITY SPONSORSHIP OF THE 15TH ANNUAL DR. MARTIN LUTHER KING JR.

CELEBRATION
WHEREAS, the Fifteenth Annual Dr. Martin Luther King Jr. Celebration will take place on January 19, 2026; and
WHEREAS, the purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community; and
WHEREAS, the theme of this year’s event is “Beyond the Dream, Be the Light”, in recognition that amidst the broad challenges we as a society currently face, the community and residents of Berkeley can be the light forward. This annual event provides an opportunity to recognize youth, community, and civic leaders who are furthering Dr. Marin Luther King Jr.’s legacy in their work to build community and a vision for the future, and
WHEREAS, historically the Berkeley City Council has generously provided sponsorship for this event.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors the 15th Annual Dr. Martin Luther King Jr.

Celebration, has permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkeley as a co-sponsor solely for the purpose of the City indicating its endorsement of the event.

BE IT FURTHER RESOLVED that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the MLK Jr Celebration; or (3) constitute regulatory approval of the event.

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RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE EXPENDITURE OF DISCRETIONARY FUNDS FROM THE

OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A

GRANT TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Mayor Adena Ishii has funds in her office discretionary account; and WHEREAS, a California non-profit tax-exempt corporation, the Berkeley Rotary Endowment, seeks funds in the amount of $500 to provide the following public services to publicly commemorate and honor the contributions of Dr. Martin Luther King Jr.; and WHEREAS, the provision of such services would fulfill the following municipal public purpose of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 per office shall be granted to the Berkeley Rotary Endowment to fund the following services of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Mayor Adena Ishii
Subject: Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees

RECOMMENDATION
Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a four-year term ending on January 1, 2030.

BACKGROUND
Each city in Alameda County is required to appoint a resident to the Alameda County Mosquito Abatement District Board of Trustees. This term lasts for four years. The District has recently notified the City that Dr. P. Robert Beatty’s term is expiring at the beginning of January 2026.

Dr. Beatty has served as Berkeley’s representative on the Board since April 2016. Dr.

Beatty is one of fourteen members of the Board. As an infectious disease immunologist, Dr. Beatty has studied mosquitoes worldwide and provided invaluable expertise and information to the Board on dengue, Zika and other mosquito borne diseases. He has taught immunology and infectious disease classes for over 20 years in the Department of Molecular and Cellular Biology at UC Berkeley.

FINANCIAL IMPLICATIONS
None for the City of Berkeley. Trustees receive a stipend of $100 per month paid for by the Alameda County Mosquito Abatement District.

ENVIRONMENTAL SUSTAINABILITY
No adverse effects to the environment.

CONTACT PERSON
Mayor Adena Ishii 510-981-7100
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

REAPPOINTING DR. P. ROBERT BEATTY AS THE CITY OF BERKELEY’S

REPRESENTATIVE TO THE ALAMEDA COUNTY MOSQUITO ABATEMENT

DISTRICT BOARD OF TRUSTEES
WHEREAS, Dr. P. Robert Beatty has served on the Board of Trustees of the Alameda County Mosquito Abatement District since 2016; and
WHEREAS, Dr. Beatty is an infectious disease immunologist who has taught immunology and infectious disease classes for over 20 years in the Department of Molecular and Cellular Biology at UC Berkeley; and
WHEREAS, during his term on the Board of Trustees, Dr. Beatty has provided invaluable expertise and information to the Board on Zika and other mosquito borne diseases.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Dr. P.

Robert Beatty is hereby reappointed as the City of Berkeley’s representative to the Alameda County Mosquito Abatement District Board of Trustees for the term commencing on January 1, 2026 ending January 1, 2030.

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IGOR TREGUB, COUNCILMEMBER DISTRICT 4

CONSENT CALENDAR
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub (Author), Councilmember Cecilia Lunaparra (Co- Sponsor)
Subject: Resolution of the City of Berkeley Supporting the Bay Area Air District’s Zero Emission Building Appliance Rules

RECOMMENDATION
Adopt a resolution in support of the Bay Area Air District’s Zero-Emission Building Appliance Rules phasing out the sale of polluting gas-fired water heating and space heating equipment starting in 2027 for water heaters and 2029 for furnaces. The resolution also supports common-sense amendments to the rules to ensure flexibility for residents who have particular difficulty with compliance.

CURRENT SITUATION AND ITS EFFECTS
The Bay Area Air District’s mandate is to protect public health through rules and regulations reducing air pollution. The combustion of gas in building equipment such as furnaces and water heaters, is one of the largest sources of air pollution in the region, generating a range of air pollutants linked to poor health outcomes, including nitrogen oxides (NOx),1 fine particle pollution (PM2.5),2 formaldehyde,3 carbon monoxide,4 and benzene, all of which contribute to breathing problems, cardiovascular issues, and dementia. Furthermore, these pollutants cause up to 85 premature deaths5 and 15,000 1 American Lung Association, Nitrogen Dioxide
2 American Lung Association, Particle Pollution
3 American Lung Association, Formaldehyde
4 American Lung Association, Carbon Monoxide
5 Bay Area Air District, Air District strengthens building appliance rules to reduce harmful NOx emissions, protect air quality and public health

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asthma attacks per year,6 costing the region $890 million annually in health-related costs7 from air pollution exposure. The Bay Area Air District adopted groundbreaking standards in 2023 that will phase out the sale of residential gas water heaters in 2027 (Rule 9-6), and the sale of gas-furnaces in 2029 (Rule 9-4). Both rules include an implementation working group process which has thus far examined challenges and recommended solutions for the successful, equitable rollout of zero-emission residential water heating. Each implementation working group process will be followed by an amendment process to act on recommendations to provide flexibility for residents who might be unduly harmed by the rule.

The Air District’s Zero Emission Building Appliance Rules align with Berkeley’s Strategic Plan Goal to “[b]e a global leader in addressing climate change, advancing environmental justice, and protecting the environment.”8 Adoption of these rules aligns with California’s commitment9 to achieving zero-emission space and water heating standards10 statewide by 2030, and with the City of Berkeley’s goal of reaching net zero emissions by 2045 or sooner.

Clean air and health: The Bay Area is ranked among the worst regions in the nation with respect to air quality, failing to achieve national ambient air quality standards for ozone for nearly 30 consecutive years11 and for fine particulate matter for15 straight years.

Gas-fired heating equipment is one of the chief contributors to health harming emissions. The region’s gas-burning appliances in buildings emit more NOx pollution than all passenger vehicles12—and more than six times as much NOx as all the power plants in the region combined.13 Implementing the Bay Area Air District Zero-Emission Building Appliance Rules would prevent 15,000 asthma attacks annually and save up to $890 million annually in healthcare costs due to air pollution exposure across the Bay Area,14 amounting to roughly $2,000 of health damage per new gas-fired water heater installed and $4,000 per new furnace installed. This pollution contributes to higher 6 Bay Area Air District, Final Staff Report
7 Bay Area Air District, Air District strengthens building appliance rules to reduce harmful NOx emissions, protect air quality and public health
8 City of Berkeley, Strategic Plan, https://berkeleyca.gov/your-government/our-work/strategic-plan 9 California Air Resources Board, Appendix F, Building Decarbonization, 2022 Scoping Plan 10 California Air Resources Board, Zero-Emission Space and Water Heater Standards 11 U.S. Environmental Protection Agency, California Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants
12 Bay Area Air District, Final Staff Report: Proposed Amendments to Building Appliance Rules – Regulation 9, Rule 4: Nitrogen Oxides from Fan Type Residential Central Furnaces and Rule 6: Nitrogen Oxides Emissions from Natural Gas-Fired Boilers and Water Heaters 13 U.S. Environmental Protection Agency, 2020 National Emissions Inventory 14 Bay Area Air District, Final Staff Report

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asthma rates and poor health outcomes in communities of color and low-income communities.15
Meeting climate commitments: Burning fossil fuels in homes for heating is responsible for roughly 11% of California’s statewide climate emissions.16 Berkeley’s Climate Action Plan has a goal that new and existing Berkeley buildings achieve zero net energy consumption by 2045 or sooner.17 Heat pumps reduce lifetime space heating emissions by up to 93% compared to gas equipment in California.18 The Bay Area rules represent the best opportunity for Bay Area jurisdictions to reduce fossil fuel emissions from buildings and meet their net-zero targets for the buildings sector.

BACKGROUND
The Bay Area Air District adopted groundbreaking standards in 2023 that will help accelerate adoption of efficient electric heat pumps, cutting deadly air pollution and making energy bills more affordable. The standards will only apply when existing fossil fuel equipment needs replacement and will phase in gradually starting in 2027 for water heaters and 2029 for furnaces. The Air District is also currently working to amend these rules to include common-sense flexibility measures.

RATIONALE FOR RECOMMENDATION
There is concern that the fossil fuel industry and its allies will use the amendment process at the Bay Area Air District to pressure the District to roll back these clean air standards entirely. Environmental, health, community, climate and environmental justice groups are mobilizing to protect these standards while working with staff to incorporate flexibility measures to help ensure smooth, affordable, and equitable implementation.

Resolutions of support from Bay Area jurisdictions will bolster the Bay Area Air District in its efforts to conduct reasoned and fact-based rulemaking and avoid politicization of a critical regulatory effort with consequences for the health and wellbeing of Bay Area residents.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS

15 Tessum, et al. PM2.5 polluters disproportionately and systemically affect people of color in the United States
16 California Air Resources Board, California Greenhouse Gas Emissions from 2000 to 2021: Trends of Emissions and Other Indicators
17 City of Berkeley, Climate Action Plan
18 Jack Teener and Lacey Tan, RMI, Now Is the Time to Go All In on Heat Pumps

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The resolution expresses support for the Air District’s Zero Emission Building Appliance Rules, which will have the following impacts if implemented fully:

As noted above, implementing the Bay Area Air District Zero-Emission Building Appliance Rules would prevent 15,000 asthma attacks annually and save up to $890 million annually in healthcare costs due to air pollution exposure across the Bay Area, with disproportionate impacts for communities of color and low-income communities.19 Also noted above, burning fossil fuels in homes for heating is responsible for roughly 11% of California’s statewide climate emissions. Heat pumps reduce lifetime space heating emissions by up to 93% compared to gas equipment in California. In denser urban settings like Berkeley, burning gas in buildings makes up a larger proportion of greenhouse gas emissions. Berkeley's Climate Action Plan 2023 update estimated that burning gas in residential and commercial buildings makes up 35 percent of Berkeley’s greenhouse gas emissions.20 The Air District’s rules would ensure that as gas-fired heating appliances break or reach the end of their useful lives, that they are replaced with zero-emission alternatives like high-efficiency heat pumps. This would likely put Berkeley on the path to eliminating the bulk of its greenhouse gas emissions from burning gas in buildings simply by complying with the Air District rules.

FINANCIAL IMPLICATIONS
Limited staff time associated with communicating the city’s position to the Bay Area Air District

CONTACT PERSON
Councilmember Igor Tregub, Council District 4
510-981-7140
[email protected]
Amy Johnson, Legislative Aide, Council District 4
[email protected]
Attachments:

1. Resolution

2. Air District Factsheet

3. BACA Two-pager on Air District Rules
19 Bay Area Air District, Final Staff Report
20 City of Berkeley, Climate Action Plan and Resilience Update, Item 23

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RESOLUTION NO. ##, ###-N.S.

RESOLUTION OF THE CITY OF BERKELEY SUPPORTING THE BAY AREA AIR DISTRICT’S ZERO-EMISSION BUILDING APPLIANCE RULES
WHEREAS, the combustion of gas in building equipment like furnaces and water heaters generates a range of air pollutants linked to poor health outcomes, including nitrogen oxides (NOx), fine particle pollution (PM2.5), formaldehyde, carbon monoxide, and benzene, which contribute to breathing problems, asthma attacks, cardiovascular issues, dementia, and premature death; and
WHEREAS, gas-powered furnaces and water heaters are major contributors to smog- forming NOx pollution and PM2.5 in the Bay Area, which together cause up to 85 premature deaths and 15,000 asthma attacks per year, and cost the region $890 million annually in health-related costs from air pollution exposure; and WHEREAS, communities of color are disproportionately exposed to health-harming pollution from gas combustion in homes and businesses, both nationally and in the Bay Area; and
WHEREAS, the Bay Area faces an ongoing air quality crisis – it has failed for nearly 30 consecutive years to achieve national ambient air quality standards for ozone failed to achieve fine particulate matter standards – and further reductions of particulate matter and ozone pollution through the implementation of all feasible measures are needed for attainment and maintenance of these health-protective standards; and WHEREAS, gas-burning building equipment in the region’s homes and businesses emits more NOx pollution than all the Bay Area’s passenger cars combined, making it one of the top sources of pollution in the region; and
WHEREAS, the Bay Area Air District’s Board of Directors adopted Rules 9-4 and 9-6 in March of 2023 unanimously, establishing future zero-NOx standards for water heaters and furnaces, and these rules will accelerate the transition to zero-polluting heating equipment in the region as businesses’ and residents' old equipment reaches end of life; and
WHEREAS, the Air District’s Implementation Working Group has worked with the Air District to achieve a successful and equitable implementation of the zero-emission rules to residential water heating in 2027; and

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WHEREAS, the Air District is now conducting an additional rulemaking to introduce common-sense flexibility measures into the zero-NOx equipment rules to provide options for businesses and residents who may face challenges complying with them; and
WHEREAS, switching from gas-powered space and water heating to efficient zero- emission appliances like electric heat pumps reduces smog-forming pollution, enhances climate resilience, and improves household resilience by introducing reliable cooling and improved air filtration to homes without air conditioning; and WHEREAS, the Air District's zero-NOx furnace and water heater rules help the City of Berkeley make substantial progress toward achieving its/our climate goals of reducing and eventually eliminating the burning of fossil fuels, a step required to curb global warming and mitigate sea level rise, extreme heat, and climate related natural disasters; and
WHEREAS, adoption of these rules aligns with California’s commitment to achieving zero-emission space and water heating standards statewide by 2030, and with the City of Berkeley’s goal of reaching net zero emissions by 2045 or sooner; and WHEREAS, the City of Berkeley has been integrally involved in planning for the implementation of these rules and has participated in the Air District’s Implementation Working Group, which has thus far examined challenges and recommended solutions for the successful, equitable rollout of zero-emission residential water heating.

NOW THEREFORE, BE IT RESOLVED, that the City of Berkeley supports the timely implementation of the Bay Area Air District’s Rules 9-4 and 9-6 to accelerate the transition to zero-emission water heaters and furnaces, with common-sense amendments to ensure flexibility for residents who have particular difficulty with compliance.

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Air District Appliance Rules – Furnaces and Water Heaters Health impacts from short- and long-term exposure
Compliance Timeline
PM2.5
• Asthma and other respiratory conditions
• Neurological disease
• Heart attack
• Stroke
• Lung cancer
• Premature death
Amendments to two Air District rules will
support improvements to regional air quality
and public health —
Regulation 9, Rule 4: Nitrogen Oxides from
Fan Type Residential Central Furnaces, and
Regulation 9, Rule 6: Nitrogen Oxides
Emissions from
Natural Gas-Fired
Boilers and Water
Heaters.

The rule changes
will not apply to gas
appliances used for
cooking, such as gas stoves.

The amended rules will affect Bay Area
households that use natural gas appliances –
roughly 2/3 of all households currently —
and will:
• Improve overall regional air quality from the
outdoor venting of these appliances
• Prevent up to 85 premature deaths per year
• Lower PM2.5 exposure, particularly in
communities of color
• Avoid up to $890M per year in health
impacts due to air pollution exposure:
• About 60% of benefits can be achieved
through elimination of NOx and
secondary PM

2.5 emissions by
switching to zero-NOx appliances.
• About 40% of benefits can be achieved
through additional elimination of
primary PM

2.5 emissions by switching
to fully zero-emission appliances.
• Currently, the only zero-NOx appliances
available are electric appliances.

The rule amendments will apply only to new appliances, and do not mandate retrofitting of existing appliances.
2027 – only zero NOx water heaters can be sold or installed in the Bay Area. 2029 – only zero NOx furnaces can be sold or installed in the Bay Area. 2031 – only zero NOx large commercial water heaters can be sold or installed in the Bay Area.

NOx
• Coughing, wheezing, difficulty breathing
• Asthma
• Increased susceptibility to
respiratory infections
BAAQMD.gov
Information on available incentives and
funding can be found at SwitchIsOn.org
For more information:
baaqmd.gov/building-appliances

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1 The Bay Area Air District adopted groundbreaking
standards in 2023 that will help accelerate adoption
of efficient electric heat pumps, cutting deadly air
pollution and making energy bills more affordable.

The standards will only apply when existing fossil
fuel equipment needs replacement and will phase in
gradually starting in 2027 for water heaters and 2029
for furnaces.

Ahead of the 2027 implementation date, the Air
District is working to amend these rules to common-
sense flexibility measures. Unsurprisingly, the
fossil fuel industry and its allies are hoping to use
this process to roll back these clean air standards
entirely. Environmental, health, community, climate
and environmental justice groups are mobilizing to
protect these standards while working with staff to
incorporate measures to help ensure smooth and
equitable implementation.

STAND UP FOR CLEAN AIR STANDARDS

AND AGAINST FOSSIL FUEL OPPOSITION
• Join the Bay Area Clean Air Coalition to
amplify community voices against fossil fuel
industry pressure. Please reach out to Sam
Fishman <[email protected]> to express
interest.
•
Send supportive comments t
o Bay Area Air
District Board members defending these health-
protective standards.
•
Spread the word on social media about the
health and economic benefits to counter fossil
fuel industry misinformation.

HEALTH BENEFITS FOR BAY AREA

COMMUNITIES
The San Francisco Bay Area has some of the
worst air quality in the nation, and gas equipment
in buildings is a key pollution driver, responsible
for more smog-forming NOx pollution than the
region’s passenger cars. Implementing these
rules would:
•
Prevent 15,
000 asthma attacks annually
• Save up to $8
90 million annually in healthcare
costs due to air pollution exposure
This pollution contributes to higher asthma rates and
poor health outcomes in communities of color and
low-income communities. 99% of disadvantaged
communities in California live in an area with
unhealthy levels of smog.

PROTECT CLEAN AIR STANDARDS THAT LOWER

ENERGY BILLS WITH EFFICIENT HEAT PUMPS

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2 HEAT PUMPS DELIVER LOWER BILLS

AND MORE COMFORTABLE HOMES
Heat pumps deliver bill savings through their superior
efficiency, two to four times more efficient than
conventional gas water heaters. The typical California
household switching from gas to heat pumps can
save $370 per year, according to analysis from RMI.

This superior performance is driving consumer sales:

In 2024, U.S. households bought 32% more air-
source heat pumps than gas furnaces. Implementing
these standards will position the Bay Area as a leader
in a nation-wide technology revolution for lower bills
and more efficient homes.

BAY AREA CONTRACTORS ARE LEADING

THE REVOLUTION
Appliance installers across the Bay Area are already
capitalizing on soaring demand to grow their
businesses. Contractor training programs throughout
the region are equipping professionals with skills to
install state-of-the-art equipment:
•
More than 30
,500 contractors across
California— including electricians, plumbers, and
HVAC technicians—are licensed in the trades
needed to install heat pumps and can be trained
on this growing technology.
•
A survey found that 68% o
f contractors in the
region are aware of the upcoming clean air
standards, helping to ensure early preparedness.
•
128 different contractor firms installed more than
4,000 hea
t pump water heaters in the Bay Area
under the
TECH
Clean
California
incentive
program.

MAKE YOUR VOICE HEARD
The fossil fuel industry and its allies are
working to eliminate these life-saving
standards entirely. Bay Area residents,
health advocates, and environmental
justice groups must unite to protect these
clean air standards while ensuring flexible,
equitable implementation. Click here to
take action.

COMMONSENSE FLEXIBILITY

MEASURES TO PROTECT LOW-INCOME

HOUSEHOLDS
The Bay Area Air District is working to incorporate
commonsense flexibility measures into the rule
that will help ensure low-income households aren’t
burdened by upfront costs. The Bay Area Clean
Air (BACA) coalition is advocating for measures
designed to reduce air pollution and make the
transition more equitable and accessible for all Bay
Area residents, while also ensuring low-income
households aren’t left behind in the transition to heat pumps.

CLIMATE PROGRESS THAT COUNTS
Burning fossil fuels in homes for heating is
responsible for roughly 11% of California’s statewide
climate emissions. The state cannot meet its climate
targets without eliminating this pollution.

Heat pumps reduce lifetime space heating emissions
by up to 93% compared to gas equipment in
California. The Bay Area rules represent the nation’s
most ambitious heating electrification standards,
serving as a model for other state and regional
policymakers.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7000 TDD: 510.981.6903 Fax: 510.981.7099 E-mail: [email protected]

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PUBLIC HEARING
November 10, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Adoption of the 2025 California Fire Code with Local Amendments

RECOMMENDATION

1. Adopt the first reading of an Ordinance (Attachment 1) repealing the Berkeley Fire Code (Berkeley Municipal Chapter 19.48) and reenacting BMC Chapter

19.48;

2. Adopt a Resolution (Attachment 2) setting forth findings of local conditions that require more stringent building standards than those provided by the 2025 California Fire Code (“CFC”) and rescinding Resolution number 71,710–N.S.;

3. Conduct a public hearing and upon conclusion, adopt a Resolution (Attachment 3) establishing annual permit fees, inspection and billing rates for inspection of property sites by the Berkeley Fire Department, and rescinding Resolution number 71,837–N.S. and all Resolutions amendatory thereof.

SUMMARY
The State of California has adopted a new, 2025 fire code which will go into effect on January 1, 2026. Local jurisdictions may adopt local amendments to the California Fire Code (CFC), but the CFC will go into effect as written throughout the state on January 1, 2026. If Berkeley wishes to continue to apply our local fire code amendments the Berkeley City Council must act to adopt the CFC with our local amendments before January 1, 2026. Berkeley has local conditions specific to our community that affect our local fire and life safety and has adopted multiple fire code amendments in the past that are designed to address these concerns. Staff recommend that the City Council adopt local amendments to the California Fire Code as set forth in the attached documents to maintain and improve our current local level of fire safety.

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Adoption of Berkeley Fire Code PUBLIC HEARING

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FISCAL IMPACTS
The fiscal impact to the City will be approximately $15,000 for the purchase of new fire code books, inspection guides, inspection forms, and training. The fire department has allocated the expenditure as part of its FY2026 budget.

Neither the new State codes overall, or our continuing local amendments, are expected to create significant cost increases for homeowners, builders or developers beyond those costs already mandated by current codes and statutes.

CURRENT STATUS AND EFFECTS
As part of a regular three-year cycle, the California Building and Standards Commission promulgated the 2025 California Fire Code. The California Fire Code (Title 24, Part 9 of the California Code of Regulations) will take effect on January 1, 2026. The California Fire Code provides minimum standards for fire and life safety.

To create the 2025 California Fire Code, the State of California amended and adopted a model fire code published by the International Code Council. The 2025 California Fire Code reflects the 2024 International Fire Code (“IFC”) with State amendments. Local jurisdictions must enforce the California Fire Code, as adopted by the state beginning January 1, 2026. A major change from the 2022 to 2025 California Fire Code is that the requirements in Chapter 49 (Requirements for Wildland Urban Interface Fire Areas) were removed from the California Fire Code and inserted into the newly created California Wildland Urban Interface Code.

A city, county, or city and county may establish more restrictive building standards as reasonably necessary because of local climatic, geological or topographical conditions.

Findings of the local condition(s) and the adopted local building standard(s) must be filed with the California Building Standards Commission.

Budget trailer bill AB 130 (Chapter 22, Statutes of 2025, see Sections 29-31 and 37-42 of the bill) became effective June 30, 2025, and enacted a moratorium on state and local building standards affecting residential units beginning October 1, 2025, and ending June 1, 2031. AB 130 amends Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 relative to local amendments to Title 24, and prohibits cities and counties from making changes that are applicable to residential units, unless one of the following conditions is met:
(1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025.
(2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety.
(3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to Section 13869.7.

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Adoption of Berkeley Fire Code PUBLIC HEARING

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(5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.

Accordingly, in light of the changes to the California code and AB 130, the City may carry forward local amendments previously filed with the California Building Standards Commission and adopt new local amendments affecting residential units if they meet one of the five criteria and adopt new local amendments that do not affect residential units.

The majority of amendments to previously established local standards consist primarily of renumbering local amendments to maintain consistency with the structure and organization of the new California Fire Code. Where new or modified code language is being proposed by staff, the recommended changes are general code provisions for fire and life safety.

Staff recommend adoption of the following modifications to local amendments, that are not simple re-numberings or previously approved local amendments:
1) Adopting and amending Sections 103 (Code Compliance Agency), 104.7 (Official Records), 104.7.2 (Inspections), 104.7.6 (Fees), 104.9.1 (Materials and Equipment Reuse), 105.3.1 (Expiration), 105.3.1.1 (Expiration), 109 (Inspections), 115 (Unsafe Structures or Equipment) to align with the Berkeley Building Code and/or Berkeley Wildland Urban Interface Code.

2) Amending Section 903.4.3 (Alarms) by removing the exception for one- and two- family dwellings since the visibility of a visual alarm in foggy and low light conditions and an audible alarm will assist firefighters in identifying the residence with a sprinkler waterflow activation.
3) Adopting 907.1.6 (Certification), 907.1.7 (Fire Alarm System Monitoring), and 907.9.1 (Certification and monitoring) and amending and adopting 907.6.6 (Monitoring) and 907.9 (Where Required in Existing Buildings and Structures) to provide guidance on certification and monitoring of fire alarms systems. 4) No longer adopting Appendix L (Firefighter Air Replenishment System). 5) Adopting Appendix O (Valet Trash and Recycling Collection in Group R-2 Occupancies) to provide guidance on valet trash collection.

BACKGROUND
The City of Berkeley has unique climatic, geological, and topographical conditions, which require local amendments to mitigate potential hazards, and to reduce loss of life caused by fires or natural disasters.

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Adoption of Berkeley Fire Code PUBLIC HEARING

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To address local fire and life safety impacts, the City of Berkeley has adopted local amendments to address sprinkler system and fire alarm requirements for existing hotels, fraternities, sororities; fire apparatus access; hazardous materials transportation restrictions; and firefighter safety. Without the adoption of the local amendments, the new and past amendments cannot be enforced.

In addition to the fire code adoptive ordinance itself and the findings-of-fact resolution required by state law for the adoption of local amendments which qualify as building standards, the City of Berkeley creates and adopts by resolution a fee schedule which specifies fees associated with operational and construction permits required by the fire code, and for other general and specific fire inspection services as well as establishing billing and collection procedures and setting forth delinquency charges.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Unwanted fires have a significant, detrimental effect on the environment, climate, and the sustainability of our society. Air emissions from fires include soot/carbon particulate as well as carbon-dioxide and many undesirable fire byproducts. The water used to extinguish fires not only becomes runoff and may transport pollutants into waterways and other portions of the environment, but is often treated, potable water that must be processed and transported into the City via a water utility service at some financial expense and expense to the City’s overall carbon-footprint. Fires also damage structures and other built-environment infrastructure that ultimately must be removed and replaced, generally with an associated financial and carbon-footprint cost to remove, manufacture, transport and reinstall the infrastructure. The adoption of a strong fire code ultimately serves to reduce the frequency, severity and cost of fires to society, environment, and the climate.

RATIONALE FOR RECOMMENDATION
Local amendments to the California Fire Code must be adopted every three years, or the California Fire Code goes into effect without local amendments. Adoption of local amendments and findings are needed to customize the State code to Berkeley’s particular topographic, geologic and climatic conditions. The fire and seismic danger and other local conditions, as described in detail in the attached resolution justify the proposed local amendments that are stricter than the California Fire Code.

The previously adopted fee ordinance was based on the 2022 Fire Code. The 2025 California Fire Code (and 2024 International Fire Code) have added permits regulating indoor plant cultivation; mobile food preparation vehicles; heating and cooking in tents, wildfire areas, and construction sites; renumbered certain code sections mandating permits and made editorial changes to follow changes in the main body of the new code. Without amending the fee schedule to track these changes, it may prove impossible to recover costs associated with permits or inspections for such critical work as the installation of fire alarm and sprinkler systems, standpipe systems, fire pumps, and private fire hydrants.

The 2025 California Fire Code adds new operational permits. Currently, there are no permit fees set forth which would allow the fire department to recover costs associated

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Adoption of Berkeley Fire Code PUBLIC HEARING

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with permitting, inspection and regulation of these activities. Staff proposes the following additions to the fire permitting and inspection fee schedule, with adjustment of fee amounts beginning January 1, 2026:
a. A new operational permit be established for the permitting, inspection and regulation of Indoor Plant Cultivation as required in Section 105.5.26.

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency. b. A new operational permit be established for the permitting, inspection and regulation of Mobile Food Preparation Vehicles as required in Section 105.5.34.

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency. c. A new operational permit be established for the permitting, inspection and regulation of Temporary Heating or Cooking in Tents or Membrane Structures as required in Section 105.5.55.

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency. d. A new operational permit be established for the permitting, inspection and regulation of Temporary Heating or Cooking in Wildfire Risk Areas as required in Section 105.5.56.

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency. e. A new operational permit be established for the permitting, inspection and regulation of Temporary Heating for Construction Sites as required in Section 105.5.57.

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency. f. A new construction permit be established for the installation of Automatic Sprinkler Systems as required in Section 105.6.2, differentiating them from Automatic Fire-Extinguishing Systems (Section 105.6.1).

This is a new permit which has been added to the State fire code and therefore mandates regulation by the local fire agency.

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Adoption of Berkeley Fire Code PUBLIC HEARING

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Upon review of the California Fire Code, staff proposed that the Berkeley Fire Code inspection fee schedule shall include changes and clarifications based on the California code language, including the renumbering of permit sections as needed.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Drew Whyte, Fire Marshal, Berkeley Fire Department, 981-5585.

Attachments
1 Ordinance - Repealing and Re-Enacting BMC 19.48 (Fire Code) 2 Resolution - “Adopting Findings as to Local Climatic, Geological And Topographical Conditions Rendering Reasonably Necessary Various Enumerated Local Fire Standards That Are More Stringent Than Those Mandated By The California Fire Code And Rescinding Resolution No. 71,710-N.S.”
3 Resolution - Establishing Annual Permit Fees, Inspection and Billing Rates for Inspection of Property Sites by the Berkeley Fire Department, and Rescinding Resolution number 71,837–N.S. and all Resolutions Amendatory Thereof”. 4 “Summary of Proposed Fee Amendments document”
5 Public Hearing Notice

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ORDINANCE NO. ##,###–N.S.

REPEALING AND RE-ENACTING BERKELEY MUNICIPAL CODE CHAPTER 19.48 (BERKELEY FIRE CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.48 is hereby repealed and reenacted as to read as follows:

Chapter 19.48
BERKELEY FIRE CODE*
Sections:

19.48.010 Adoption of the California Fire Code
Article 1. Scope and Administrative Provisions

19.48.020 Adoption of Chapter 1 Scope and Administration Article 2. Definitions

19.48.030 Amendments to Chapter 2 Definitions
Article 3. Fire Service Features

19.48.040 Amendments to Chapter 5 Fire Service Features Article 4. Fire and Smoke Protection Features

19.48.050 Amendments to Chapter 7 Fire and Smoke Protection Features Article 5. Fire Protection and Life Safety Systems

19.48.060 Amendments to Chapter 9 Fire Protection and Life Safety Systems Article 6. Means of Egress

19.48.070 Amendments to Chapter 10 Means of Egress
Article 7. Construction Requirements for Existing Buildings

19.48.080 Amendments to Chapter 11 Construction Requirements for Existing Buildings
Article 8. Hazardous Materials – General Provisions

19.48.090 Amendments to Chapter 50 Hazardous Materials - General Provisions
Article 9. Explosives and Fireworks

19.48.100 Amendments to Chapter 56 Explosives and Fireworks Article 10. Flammable and Combustible Liquids

19.48.110 Amendments to Chapter 57 Flammable and Combustible Liquids Article 11. Liquid Petroleum Gas

19.48.120 Amendments to Chapter 61 Liquid Petroleum Gas Article 12. Fire-Flow Requirements for Buildings

19.48.130 Amendments to Appendix B Fire-Flow Requirements for Buildings

19.48.140 Validity

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Section 19.48.010 Adoption of the California Fire Code
A. The California Fire Code, 2025 edition, as adopted in Title 24, Part 9 of the California Code of Regulations published by the International Code Council not included in the California Building Standards Code, are adopted by this reference into this Chapter, and are hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this ordinance, including:
 Chapter 1, Administration, in its entirety as amended  Chapter 2, Definitions, in its entirety as amended
 Chapter 3, General Requirements, in its entirety
 Section 503, Fire Apparatus Access Road, of Chapter 5, in its entirety  Section 504.1.1, Marking of Exterior Building Openings, additional section as amended
 Section 705.2.5, Smoke- and Heat-Activated Doors, as amended  Chapter 9, Fire Protection and Life Safety Systems, as amended  Section 1031.2, [Emergency Escape and Rescue] Where Required, as amended
 Chapter 11, Construction Requirements for Existing Buildings, as amended
 Section 5001.7, Hazardous Materials Transport Restrictions, additional section as amended
 Section 5601.1.3, Fireworks, and 5604.1, General [Explosive Materials Storage and Handling], as amended
 Section 5701.4.1, Transfer of Flammable and Combustible Liquids, and 5704.2.11.1.1, Restrictions on Underground Storage Tanks, additional sections as amended
 Section 5704.2.13.1.4, Tanks Abandoned in Place, and 5704.2.14, Removal and Disposal of Tanks, as amended
 Section 6104.1.1, Restrictions on Storage of LP-Gas Containers, additional section as amended
 Appendix B, Fire-Flow Requirements for Buildings, as amended  Appendix D, Fire Apparatus Access Roads, in its entirety  Appendix E, Hazard Categories, in its entirety
 Appendix F, Hazard Ranking, in its entirety
 Appendix O, Valet Trash and Recycling Collection in Group R-2 Occupancies, in its entirety
 Appendix P, Temporary Haunted Houses, Ghost Walks and Similar Amusement, in its entirety

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One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. This chapter shall be known as the "Berkeley Fire Code" and shall be referred to in this chapter as "this code".

C. This Chapter will become effective on January 1, 2026.

Article 1. Scope and Administrative Provisions

19.48.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 – SCOPE AND ADMINISTRATION
SECTION 101 – SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Berkeley Fire Code of [NAME OF JURISDICTION], hereinafter referred to as "this code."
SECTION 102 – APPLICABILITY
102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1 in accordance with the 2025 California Historical Code.

SECTION 103 – CODE COMPLIANCE AGENCY
103.1 Creation of enforcement agency. The Berkeley Fire Department [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the Fire Chief fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.2 Appointment. The Fire Chief fire code official shall be appointed by the City Manager chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction the City of Berkeley and with the concurrence of the appointing authority, the Fire Chief, hereinafter referred to as the fire code official shall have the authority to appoint a dDeputy fFire Chief, Fire Marshal, Fire Plans Examiner and code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the fire code official. For purposes of this code, the term “code official” shall also include their designees.

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SECTION 104 – DUTIES AND POWERS OF THE FIRE CODE OFFICIAL 104.7 Official records. The fire code official shall keep official records as required by Sections 104.7.1 through 104.7.6. Such official records shall be retained for not less than 5 years or for as long as the building, or structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations required for a longer period by the retention of public record policy of the city. 104.7.2 Inspections. The fire code official shall keep a record of each inspection made, including notices of violations issued, notices and orders issued, administrative citation warning letters issued, citations issued and appeals received showing the findings and disposition of each.
104.7.6 Fees. The fire code official shall keep a record of invoices issued, fees collected and fees refunded in accordance with Section 108.
104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order with proper reports and tests justifying the condition, labeled and graded as required and expressly approved by the fire code official.
104.12. Authority to arrest and issue citations. The Fire Chief, or their designee shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the International Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter.
104.13 Authority to abate fire nuisance. The Fire Chief or the Fire Chief’s designee shall have the authority to order the abatement of fire nuisances.

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SECTION 105 – PERMITS
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. Operational permits shall expire 12 months after the date of issue. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
105.3.1.1 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building fire code official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)
105.5.18 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

4. To store, handle or use Class IIIB liquids in excess of 110 gallons in containers, or in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

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Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

Section 105.5.64 Fire Fighter Air Replenishment System (FARS). An annual operational permit is required to maintain a FARS system in accordance with Appendix L.

Section 105.5.62 General use permit. For any activity or operation not specifically described in this code, which the fire code official reasonably determines, may produce conditions hazardous to life or property.
105.5.63 Parking facility, special events. An operational permit is required to use buildings or structures for vehicle parking, including parking for special events (i.e. football games, etc.).
105.6.26 Window bars, operational constraints and opening control devices. A building permit is required to install window bars or other equipment which imposes operational constraints and opening controls on emergency escape and rescue openings on exterior doors or windows of any sleeping rooms in accordance with fire code Section 1031.2.1 of this code.

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SECTION 108 – FEES
108.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. of fees for permits and inspections as set forth by resolution of the City Council.
108.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees. as set forth by resolution of the City Council to be twice the amount of the required fees to obtain a permit for that work, activity or operation regulated by this code. This is in addition to the permit fees for the portion of the scope of work performed without the permit.
108.7. Expense of securing emergencies. The expense of securing any emergency that is within the responsibility for enforcement of the fire code official as given in Sections 104.1 or 104.10 is a charge against the person who caused the emergency.

Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the fire code official for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

SECTION 109 – INSPECTIONS
109.2.3 Reinspections. To determine compliance with this code, the fire code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for such inspection is called is not complete or where corrections called for are not made.

Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the fire code official.

To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
109.2.3.1 Testing. Installations shall be tested as required in this code and in accordance with Sections 109.1.4.1 through 109.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the fire code official. 109.2.3.2 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects.

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109.2.3.3 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent.
109.2.3.4 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the fire code official for inspection and testing.
109.2.3.5 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete, is required to be reinspected after receiving a previously approved inspection for the same work or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. This section shall be invoked for the following reasons:

1. When the work is not ready for inspection when the inspector arrives at the site.

2. When excessive scheduling of inspections for work not yet completed at the site.

3. When the approved plans, permit and inspection card are not readily available to the inspector at the work site.

4. For failure to provide access on the date for which the inspection is requested.

5. When work deviates from the approved plans and no approved revision to approved plans has been obtained by the permittee.

6. When other reasons, as determined by the fire code official, requires a re-inspection fee to be assessed.

The applicant shall pay the re-inspection fee as set forth by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

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SECTION 112 – MEANS OF APPEALS
112.1 General Appeals Procedure. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The City Council shall hear and decide on appeals of orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of this code. A property owner may appeal an order, decision, or determination of the Fire Code Official within 10 calendar days of the date of mailing of the appealable action. The notice of appeal shall contain a statement of the reasons for the appeal and be filed with the City Clerk of the City of Berkeley. The City Clerk shall forward one copy thereof to the Fire Code Official, who shall transmit to the City Council all their records pertaining to the decision being appealed.

Section 112.1.1 Payment of Fees and Fines. Prior to the deadline to appeal, the property owner must pay the appeal fee, per the adopted fee schedule, in addition to an advance deposit of the fine or file an application for an advanced deposit hardship waiver. If the hardship waiver is not granted, the fine must be deposited to the City within 14 days of mailed notice of that decision. No hearing shall be scheduled prior to receipt of payment or approval of the hardship waiver.
112.1.2 Stay of Proceedings. The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the fire code official determines that such a stay could result in an imminent threat to public safety. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board City Council shall not have authority to waive requirements of this code.
112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction. Decisions. The City Council shall review the action of the fire code official and shall do any one of the following:
a. Refer the matter back to the fire code official.
b. If the facts stated in, or ascertainable from the, Notice of Appeal, the written statement of the fire code official setting forth the reason for their decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the fire code official. Such decision shall be final.

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c. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the appellant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.
d. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the fire code official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.
e. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal shall be deemed dismissed.
f. If the appeal is set for hearing but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal deemed dismissed.
112.4 Administration. The fire code official shall take action without delay in accordance with the decision of the board City Council.

SECTION 113 – VIOLATIONS
113.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, or to create, maintain or allow to continue any fire hazard.

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113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, construct, alter, repair or do work for a building or structure in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment subject to penalties as prescribed by law. Violations of this code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, code official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17 (d). Nothing in this section shall prevent any other remedy afforded by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to all other legal remedies, civil or criminal (as set forth above), any violation of this code constitutes a public nuisance in accordance with B.M.C Chapter

1.26, and is subject to all provisions of B.M.C. Chapter 1.26, as well as abatement under B.M.C. Chapter 1.24, “Abatement of Nuisances,” with the exception of Section 112 (Means of Appeals) which supersedes these provisions. All such violations are also subject to the issuance of an administrative citation in accordance with B.M.C Chapter

1.28 at the discretion of the enforcing officer or the City Attorney.

SECTION 115 – UNSAFE STRUCTURES OR EQUIPMENT
115.4 Notice. If an unsafe condition is found, the fire code official shall serve on the owner of the structure or the, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person, or their designee, thus notified to declare immediately to the fire code official, within a stipulated time, acceptance or rejection of the terms of the order.
115.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code. Where the owner does not comply with an abatement order under Section 115.4 within the period specified, the City of Berkeley may perform or cause to be performed the necessary work. The costs incurred shall be recoverable under the procedures in Section 115.7.1
115.7.1 Abatement process. The abatement process shall be conducted in accordance with the notice and hearing requirements of the nuisance abatement provisions of Berkeley Municipal code chapter 1.24, including summary abatements of structures or premises determined by the City of Berkeley to constitute an imminent hazard or emergency condition.

Article 2. Definitions

19.48.030 Amendments to Chapter 2 Definitions

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Chapter 2 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 2 – DEFINITIONS
SECTION 202 – GENERAL DEFINITIONS
202 BERKELEY MARINA. The area shall mean all those, parts of the City of Berkeley west of the Interstate 80 Freeway
202 FIRE HAZARD. Any thing or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that is customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Fire hazards as defined herein are hereby declared to be public nuisances subject to abatement by the City of Berkeley.
202 FIRE NUISANCE. Any thing or act, which is annoying, unpleasant, offensive or obnoxious because of fire.
202 JURISDICTION. The City of Berkeley. The governmental unit that has adopted this code.
202 WASTE OIL. A Class III-B liquid waste resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Article 3. Fire Service Features

19.48.040 Amendments to Chapter 5 Fire Service Features Chapter 5 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 5 – FIRE SERVICE FEATURES
SECTION 504 – ACCESS TO BUILDING OPENINGS AND ROOFS
504.1.1 Marking of Exterior Building Openings. Where exterior doorways are not otherwise marked with identification such as building addresses, room/suite numbers or business names which identify the area(s) they provide access to, or a functional description for the space, such openings shall be provided with signs or labels indicating the areas they serve. Doorways to be marked shall include, but are not limited to, doors serving building circulation (such as stairwells/exit passageways), potential hazards (such as trash rooms), and building service and utility spaces (such as electrical, gas, HVAC and elevator machine rooms). Signs/labels shall be permanent, weather and sunlight resistant with lettering not less than ¾” high with a 1/16” width stroke on a contrasting background. Such signs or labels shall be affixed to the door frame or wall above the door. Such signs and labels shall be maintained.

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Exception: Doors associated with private dwellings, the main entrance to normally occupied spaces or when determined to be unnecessary by the fire code official.

Article 4. Fire and Smoke Protection Features

19.48.050 Amendments to Chapter 7 Fire and Smoke Protection Features Chapter 7 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 7 – FIRE AND SMOKE PROTECTION FEATURES
SECTION 705 – DOOR AND WINDOW OPENINGS
705.2.5 Smoke- and heat-activated doors. Smoke-activated doors shall be maintained to self-close or automatically close upon detection of smoke. Existing fusible-link-type automatic-door closing devices are permitted if the fusible link rating does not exceed 135°F (57°C). Doors required for fire and smoke separation for interior exit stairways and floor separation in R-1 or R-2 occupancies shall not be maintained in an open position with fusible links.

Article 5. Fire Protection and Life Safety Systems

19.48.060 Amendments to Chapter 9 Fire Protection and Life Safety Systems Chapter 9 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 9 – FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 903 – AUTOMATIC SPRINKLER SYSTEMS
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).
903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all buildings having stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m 2) and where the story does not comply with the following criteria for exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1011 or an outside ramp complying with Section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm).

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2. Openings entirely above the adjoining ground level totaling not less than 20 square feet (1.86 m2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm) The height of the bottom of the clear opening shall not exceed 44 inches (1118 mm) measured from the floor. 903.2.11.2. Rubbish, recycling and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish, recycling and linen chutes and in their terminal rooms.

Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge.

Access to sprinklers in chutes shall be provided for servicing. Activation of any fire sprinkler in a chute shall activate a separate water flow switch to indicate waterflow in the chute. All fire sprinklers in the chute shall be controlled by a separate, electrically supervised control valve with a tamper switch.
903.2.22 Structures in the Berkeley Marina Area. An automatic sprinkler system shall be installed in all structures located in the Berkeley Marina Area in accordance with NFPA 13 standards.

Exceptions: Gear lockers not designed to permit human entry, municipal restrooms unattached to other structures, the existing City of Berkeley Harbor Master's office, and any temporary construction site structures.
903.2.23 Public Self-Storage Buildings. An automatic sprinkler system shall be installed in any building erected or existing that was converted and/or subdivided for public self-storage use on or after August 19, 1982, in accordance with NFPA 13 standards.
903.2.24 Environmental Safety - Residential District. Reserved 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80 where the Group R occupancy meets all of the following conditions:

1. Four stories or less above grade plane.

2. For other than Group R-2 occupancies, the floor level of the highest story is 30 feet (9144mm) or less above the lowest level of fire department vehicle access.

For Group R-2 occupancies, the roof assembly is less than 45 feet (13 716 mm) above the lowest level of fire department vehicle access. The height of the roof assembly shall be determined by measuring the distance from the lowest required fire vehicle access road surface adjacent to the building to the eave of the highest pitched roof, the intersection of the highest roof to the exterior wall, or the top of the highest parapet, whichever yields the greatest distance.

3. The floor level of the lowest story is 30 feet (9144mm) or less below the lowest level of fire department access.

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The number or stores of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the California Building Code shall be measured from grade plane.

Exception: Sprinkler systems in residential / commercial mix-use buildings are to be in accordance with NFPA 13.
903.3.10 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet or more above the lowest level of fire department vehicle access.

2. Buildings that are four three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception: In Group R-3 and R-3.1 occupancies, floor control valves and waterflow detection assemblies shall not be required.
903.4.3 Alarms. An approved audible and visual sprinkler waterflow alarm device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a waterflow switch is required by Section 903.4.1 to be electrically supervised, such sprinkler waterflow alarm devices shall be powered by a fire alarm control unit or, where provided, a fire alarm system. Where a fire alarm system is provided, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Exception: Automatic sprinkler systems protecting one- and two-family dwellings.

SECTION 907 – FIRE ALARM AND DETECTION SYSTEMS
907.1.6 Certification. New fire alarm systems shall be Nationally Recognized Testing Laboratory (NRTL) certificated or placarded for Central Station Service Alarm Systems in accordance with NFPA 72, Chapter 26, Section 26.3. The NRTL shall be acceptable to the fire code official and capable of issuing serially numbered certificates or placards.

A certificate of completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations and stored in the document box onsite. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid NRTL issued certificate or placard for the life of the installed system(s).

Exceptions:

1. Fire warning and fire alarm systems in one- and two-family dwellings.

2. Fire alarm control units in which the primary function is to monitor an automatic sprinkler system or other dedicated function fire alarm system.

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907.1.7 Fire Alarm System Monitoring. Fire alarm systems shall transmit distinctly different alarm, supervisory and trouble signals and shall be monitored in accordance with NFPA 72, Chapter 26, Section 26.3, Central Station Service Alarm Systems. 907.2 Where required—new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where an automatic and manual, or a manual fire alarm system is required by this code or Berkeley local ordinance, other sections of this code allow elimination of fire alarm boxes is prohibited. due to sprinklers or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency.

Exceptions:

1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall controland supervisory service and fire sprinkler monitoring.

2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public.

3. The manual fire alarm box is not required to be installed when approved by the fire code official.
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more, or where the Group A occupant load is more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes with an occupant load of less than 1000 shall be provided with a fire alarm system as required for the Group E occupancy.

Exceptions:

1. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

2. Manual fire alarm boxes and the associated occupant notification system or emergency voice/alarm communication system are not required for Group A-5 outdoor bleacher-type seating having an occupant load of greater than or equal to 300 and less than 15,000 occupants, provided that all of the following are met:

2.1. A public address system with standby power is provided.

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2.2. Enclosed spaces attached to or within 5 feet (1524 mm) of the outdoor bleacher type seating compose, in the aggregate, a maximum of 10 percent of the overall area of the outdoor bleacher-type seating or 1,000 square feet (92.9 m2), whichever is less.

2.3. Enclosed accessory spaces under or attached to the outdoor bleacher-type seating shall be separated from the bleacher-type seating in accordance with Section 1030.1.1.1.

2.4. All means of egress from the bleacher-type seating are open to the outside.

3. Manual fire alarm boxes and the associated occupant notification system or emergency voice/alarm communication system are not required for temporary Group A-5 outdoor bleacher-type seating, provided that all of the following are met:

3.1. There are no enclosed spaces under or attached to the outdoor bleacher-type seating.

3.2. The bleacher-type seating is erected for a period of less than 180 days.

3.3. Evacuation of the bleacher-type seating is included in an approved fire safety plan.

Every Group A building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university.

Exception: Privately owned trade or vocational schools or any firm or company which provides educational facilities and instruction for its employees. 907.2.2 Group B. A manual fire alarm system, which activates the occupant notification system in accordance with Section 907.5, shall be installed in Group B occupancies where one of the following conditions exists:

1. The combined Group B occupant load of all floors is 500 or more.

2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.

3. The fire area contains an ambulatory care facility.

4. For Group B occupancies containing educational facilities, see Section 907.2.2.2.

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907.2.4 Group F. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group F occupancies where both of the following conditions exist:

1. The Group F occupancy is two or more stories in height.

2. The Group F occupancy has a combined occupant load of 500 or more above or below the lowest level of exit discharge.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow. 907.2.7 Group M. Fire alarm system shall be required in Group M occupancies in accordance with Sections 907.2.7.1 and 907.2.7.2.
907.2.7.1 Occupant Load. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group M occupancies where one of the following conditions exists:

1. The combined Group M occupant load of all floors is 500 or more persons.

2. The Group M occupant load is more than 100 persons above or below the lowest level of exit discharge.

Exceptions:

1. A manual fire alarm system is not required in covered or open mall buildings complying with Section 402 of the California Building Code.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will automatically activate throughout the notification zones upon sprinkler water flow.

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907.2.8.1 Manual fFire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-1 occupancies.Exceptions:

1. A manual fire alarm system is not required in buildings not more than two stories in height where all individual sleeping units and contiguous attic and crawl spaces to those units are separated from each other and public or common areas by not less than 1-hour fire partitions and each individual sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required throughout the building where all the following conditions are met:

2.1.The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

2.2.The notification appliances will activate upon sprinkler water flow.

2.3.Not fewer than one manual fire alarm box is installed at an approved location.
907.2.8.2 Manual and Aautomatic fire alarm systemsmoke detection system. An A manual and automatic smoke detectionfire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors and common areas of Group R-1 occupancies. The detection device for this purpose shall be a smoke detector (or heat detector as approved), which is system connected and electronically supervisedserving sleeping units.

Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.
907.2.9.1 Automatic and Mmanual fire alarm system. An automatic and manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies where any of the following conditions apply:

1. The building is three or more stories in height and Any any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge.

2. Any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit.

3. The building contains more than 16 dwelling units or sleeping units.

4. Congregate residences with more than 16 occupants.

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Exceptions:

1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by not less than 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically activate throughout the notification zones upon a sprinkler water flow.

3. 2. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.
907.6.6 Monitoring. All Ffire alarm, detection, and communication systems required by this codechapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA 72, Chapter 26, Section 26.3, Central Station Service Alarm Systems, and this section.
907.7 Acceptance tests and completion. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA

72. Fire alarm systems shall obtain a UL certificate for the system prior to final inspection.

Exceptions:

1. Fire warning and fire alarm systems in one- and two-family dwellings.

2. Fire alarm control units in which the primary function is to monitor an automatic sprinkler system or other dedicated function fire alarm system. 907.9 Where required in existing buildings and structures. An approved fire alarm system shall be provided in existing buildings and structures where required in Chapter

11. 907.9.1 Certification and monitoring. Certification per 907.1.6 and monitoring per 907.1.7 is required for an existing fire alarm system when one of the following is met:

1. When a fire alarm control unit is replaced, for any reason.

2. When there are multiple unwanted alarms and/or nuisance alarms that are repetitive and not corrected, as determined by the fire code official.

3. When the fire code official determines that the severity of life safety hazards or systems on the premises require certification of the fire alarm system.

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Article 6. Means of Egress

19.48.070 Amendments to Chapter 10 Means of Egress
Chapter 10 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 10 – MEANS OF EGRESS
SECTION 1031 – EMERGENCY ESCAPE AND RESCUE
1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.:

1. Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.4(1) and 1006.3.4(2).

2. Group R-3 and R-4 occupancies.

Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section.

Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way, or to an egress balcony that leads to a public way.

Exceptions:

1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position.

3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that leads to a public way.

5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.

6. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.

7. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

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7.1. One means of egress and one emergency escape and rescue opening.

7.2. Two means of egress.

8. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress of existing buildings for this section of the code.

Article 7. Construction Requirements for Existing Buildings

19.48.080 Amendments to Chapter 11 Construction Requirements for Existing Buildings
Chapter 11 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 11 – CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1103 – FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS 1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Section 1103.5.1 through 1103.5.5.6.3 SECTION 1103.5.6 AUTOMATIC SPRINKLER REQUIREMENTS FOR EXISTING HOTELS
1103.5.6.1 Definitions. For the purposes of this Section, the following terms shall be defined as follows:

1. “Hotel" shall mean any building, including motels, dormitories, rooming houses, Greek houses and congregate residences, which contain six or more rooms which were intended or designed to be used, or which are used, for the purposes of renting, hiring or letting (with monetary or non-monetary means of payment or permission) to residential occupants for sleeping purposes but shall not include apartment buildings as defined in this code.

2. "Story" is as defined in the Berkeley Building Code.

3. "First Story" is as defined in the Berkeley Building Code.

4. "Basement" is as defined in the Berkeley Building Code.

5. “Balcony, Exterior Exit" shall mean a landing or porch projecting from the wall of a building which serves as a required exit. The long side shall be at least 50 percent directly open to the exterior, and the open area above the guardrail shall be so configured as to prevent the accumulation of smoke or toxic gases.

Application: This section shall apply to every hotel in which the rooms used for sleeping are located above the ground floor, if the hotel was built prior to 1992, and also meets one of the following two conditions:

The height of the hotel is three or more stories or two stories plus an inhabited basement, which is used for purposes other than exclusively servicing the maintenance and other needs of the building; or the hotel contains 20 or more rooms, or regularly accommodates 20 or more residential occupants.

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Exception: No hotel in which the exits from sleeping rooms lead either to the outside of the building either directly or via approved exit balconies with approved exterior stairways(s) in accordance with the requirements of the Berkeley Building Code is required to comply with this section.
1103.5.6.2 Types of Fire Sprinklers. In the sleeping units of the building, only residential or quick response sprinkler heads shall be used. 1103.5.6.3 Supervision of fire sprinkler systems. All automatic sprinkler systems installed under this subsection shall be monitored for supervision and alarms in accordance with Section 903.4.
1103.7 Fire Alarm Systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.6 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.9. Where an automatic and manual or a manual fire alarm system is required by this code or Berkeley local ordinance, elimination of fire alarm boxes in buildings equipped with an approved sprinkler system is prohibited.

Exception: Occupancies with an existing, previously approved fire alarm system. 1103.7.5.1 Group R-1 hotels, and motels, and congregate residences manual and automatic fire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-1 hotels, and motels, and congregate residences more than one story in heightwith three or more stories or with more than 20 or more dwelling units or sleeping units in aggregate.

Exceptions:

1. A manual fire alarm system is not required in buildings less than two stories in height where all dwelling units, sleeping units, attics and crawl spaces are separated by 1-hour fire-resistance-rated construction and each sleeping unit has direct access to a public way, egress court or yard.

2. A manual fire alarm system is not required in buildings not more than three stories in height with not more than 20 dwelling units or sleeping units in aggregate and equipped throughout with an automatic sprinkler system installed in accordance with Sections 903.3.1.1 or 903.3.1.2.

3. Manual fire alarm boxes are not required throughout the building where the following conditions are met:

3.1. The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

3.2. The notification appliances will activate upon sprinkler water flow.

3.3. Not less than one manual fire alarm box is installed at an approved location.

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1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies three or more than three stories in height or with 16 or more dwelling or sleeping units. Congregate residences shall retrofit existing manual- only fire alarm systems with manual and automatic fire detection. Other types of R-2 occupancies (such as apartment buildings) shall retrofit existing manual-only fire alarm systems with manual and automatic fire detection when the existing fire alarm control unit is replaced for any reason. Automatic detection shall be accomplished by use of a smoke detector (or heat detector as approved), which is system connected and electronically supervised. Detectors shall be installed in all interior corridors and common areas.

Exceptions:

1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.

2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.

2.3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open ended corridors designed in accordance with Section 1027.6, Exception 3.

3.4. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three stories in height and comply with both of the following:

3.14.1. Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than ¾ hour.

3.24.2. Each dwelling unit is provided with smoke alarms complying with the requirements of Section 907.2.11.
1103.7.10 Monitoring of Group R Occupancies. All existing R occupancies that are required to provide both a fire alarm and fire suppression system shall have the system monitored by a supervising station in accordance with NFPA 72, Chapter 26, Section

26.3, Central Station Service Alarm Systems, and this section.

SECTION 1104 – MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.24 Stairway floor number signs. Existing stairways shall be marked in accordance with Section 1023.9.

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SECTION 1114 – EXISTING HIGH-RISE BUILDINGS [SFM]
1114.27 Automatic sprinkler system–Existing high-rise buildings. Regardless of any other provisions of these regulations, every existing high-rise building of Type II-B, Type III-B or Type V-B construction shall be provided with an approved automatic sprinkler system conforming to NFPA 13.

Building owners shall file a compliance schedule with the fire code official not later than 365 days after receipt of a written notice. The compliance schedule shall not exceed 12 years for completion of the automatic sprinkler system retrofit.

Article 8. Hazardous Materials – General Provisions

19.48.090 Amendments to Chapter 50 Hazardous Materials – General Provisions Chapter 50 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)

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CHAPTER 50 – HAZARDOUS MATERIALS – GENERAL PROVISIONS
SECTION 5001 – GENERAL
5001.7 Hazardous materials transportation restrictions. No vehicle containing hazardous materials, including a hazardous materials transportation tank truck, trailer, semi-trailer or tank wagon containing flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids, shall be operated on any city street without a permit from the fire code official. A map showing the proposed route of the vehicle shall accompany applications for such permits. If a permit is granted, the map shall be carried at all times in the vehicle and the vehicle shall not deviate from the approved route as shown on the map. Such a permit may contain conditions, including restrictions on the hours within which certain routes may be used and limitations on the size of the vehicle allowed to travel the approved route.

No route shall be approved that includes passage over or adjacent to subway entry or vent structures, through the Northbrae Tunnel, in any area designated an environmental safety residential district by the City of Berkeley's Zoning Ordinance, or in an area which may be designated as a hazardous fire area. Departure from the approved route, travel outside the permitted hours, violation of any vehicle size limitation imposed, or failure to carry a map showing route approval shall constitute a violation of this Code. The transportation of extremely hazardous materials may, in the discretion of the fire code official, require both a permit and accompaniment by a Fire Department or Police Department convoy. The following streets contain purge chamber openings which lead directly into the subway section of the Bay Area Rapid Transit (BART) System in Berkeley and their use by tank vehicles or trailers for transportation or delivery of flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids is prohibited and a violation of this Code:
a. On Addison Street between Martin Luther King Jr. Way and Oxford Street; b. On Shattuck Avenue between University Avenue and Dwight Way; c. On Virginia Street between Franklin and Sacramento Streets; d. On Sacramento Street between Virginia Street and Hearst Avenue; e. On Hearst Avenue between McGee Avenue and Milvia Street; f. On Adeline Street between Ward and Stuart Streets; and g. On Adeline Street between Ashby Avenue and Woolsey Street Article 9. Explosives and Fireworks

19.48.100 Amendments to Chapter 56 Explosives and Fireworks Chapter 56 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.)

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CHAPTER 56 – EXPLOSIVES AND FIREWORKS
SECTION 5601 – GENERAL
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including fireworks which are classified as Safe and Sane fireworks by the California State Fire Marshal’s Office, are prohibited within the City of Berkeley.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

31. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11 when stored, transported, handled and used under the required fire department permit(s) and in accordance will all applicable requirements of Chapter 56.

42. The possession, storage, sale, handling and use of specific types of Division

1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as applicable for consumer fireworks and Health and Safety Code Division 11.

SECTION 5604 – EXPLOSIVE MATERIALS STORAGE AND HANDLING 5604.1 General. The storage and handling of explosives within City of Berkeley limits is prohibited. Storage of explosives and explosive materials, small arms ammunition, small arms primers, propellant- actuated cartridges and smokeless propellants in magazines shall comply with the provisions of this section
Exception: Where expressly permitted by applicable laws, ordinances or regulations provided such storage and handling of explosives and explosive materials, small arms ammunition, small arms primers, propellant-actuated cartridges and smokeless propellants in magazines is conducted in accordance with Section 5604 and all applicable provisions of Chapter 56.

Article 10. Flammable and Combustible Liquids

19.48.110 Amendments to Chapter 57 Flammable and Combustible Liquids Chapter 57 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.).

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CHAPTER 57 – FLAMMABLE AND COMBUSTIBLE LIQUIDS
SECTION 5701 – GENERAL
5701.4.1 Transfer of flammable and combustible liquids. Transfer of flammable and combustible liquids, to or from containers or mobile tanks into above ground or underground tanks shall not be made from or on the street or public way except by written approval by the fire code official.

Exceptions:

1. Transfer of not more than 5 gallons flammable or combustible liquids using a listed or approved portable fuel container of not more than 5 gallons capacity.

2. The transfer of combustible liquids to or from approved, fixed mechanical or electrical system equipment such as a Standby or Emergency electric power generator when the transfer is completed by a commercial fuel vendor using approved dispensing equipment via a previously approved, fixed tank filling port which met code requirements at the time of installation.

SECTION 5704 – STORAGE
5704.2.11.1.1 Restrictions on underground storage tanks. The storage of flammable and combustible liquids in underground tanks is prohibited in all areas zoned solely for residential occupancies, closely built commercial properties, and any other area deemed unsafe by the fire code official.
5704.2.13.1.4 Tanks abandoned in place. Tanks may be abandoned only under permit and following City of Berkeley Fire Department procedures. The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Management Division (TMD) that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Management Division (TMD). A notice shall be placed in the deed to the property. This notice shall describe the precise location of the closed underground storage tank, the hazardous substances that it contained, and the closure method. Tanks abandoned in place shall be as follows:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

6. All exterior above-grade fill piping shall be permanently removed when tanks are abandoned or removed.

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5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2. Removal of all tanks shall be authorized under a fire permit, abiding by City of Berkeley Fire Department procedures.

The applicant shall submit the following:

1. A site plan showing the location of the tanks.

2. A detailed description of the scope of work.

3. A site safety plan.

4. A vicinity map to the closest hospital, in an event of an emergency.

5. Proof of workers compensation insurance.

The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Division that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Division or the California Water Board.

Article 11. Liquefied Petroleum Gas

19.48.120 Amendments to Chapter 61 Liquefied Petroleum Gas Chapter 61 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 61 – LIQUIFIED PETROLEUM GASES
SECTION 6104 – LOCATION OF LP-GAS CONTAINERS
6104.1.1 Restrictions on storage of LP-gas containers. It shall be unlawful to store any liquefied petroleum gas cylinder with a capacity greater than 2-1/2 lbs. water capacity or a portable tank within any structure or building with an occupancy classification of A, R-1, R-2 or R-4, unless specifically authorized by this Code.

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Article 12. Fire Flow Requirements for Buildings

19.48.130 Amendments to Appendix B Fire Flow Requirements for Buildings Appendix B of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) APPENDIX B – FIRE FLOW REQUIREMENTS FOR BUILDINGS
Section B105.2 (Appendix B), Table B105.2, “Required Fire-Flow for Buildings Other Than One- And Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses”
TABLE B105.2 - REQUIRED FIRE·FLOW FOR BUILDINGS OTHER THAN ONE- & TWO-FAMILY DWELLINGS, GROUP R·3 & R·4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
2550% of the value in Table
B105.1(2)a
Duration in Table Bl 05.1(2)
at the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
2550% of the value in Table
B105.1(2)b
Duration in Table Bl05.1(2) at
the reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Section 19.48.140 Validity. Should any section, paragraph, sentence or word of this Chapter or of the Code or Standards be declared invalid, all other portions of this Chapter shall remain in effect.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Old City Hall, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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RESOLUTION NO. ##,#### - N.S.

ADOPTING FINDINGS AS TO LOCAL CLIMATIC, GEOLOGICAL AND

TOPOGRAPHICAL CONDITIONS RENDERING REASONABLY NECESSARY VARIOUS

ENUMERATED LOCAL FIRE STANDARDS THAT ARE MORE STRINGENT THAN

THOSE MANDATED BY THE CALIFORNIA FIRE CODE AND RESCINDING RESOLUTION NO. 71,710–N.S.

BE IT RESOLVED by the Council of the City of Berkeley as follows:

WHEREAS, the City is proposing to adopt various enumerated changes and modifications to the California Fire Code, as set forth below; and WHEREAS, Health & Safety Code §17958 allows the City to make modifications or changes to the California Fire Code and other regulations adopted pursuant to Health & Safety Code §17921(a) which result in more stringent local requirements; and WHEREAS, Health & Safety Code §17925, §17958.5 and §17958.7 require that such changes be supported by findings made by the governing body that such more stringent local requirements are necessary because of “local climatic, geological or topographical conditions or factors;” and
WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission:

NOW THEREFORE, BE IT RESOLVED by the City Council that it finds that each of the various proposed changes or modifications to the California Fire Code which are enumerated below are reasonably necessary because of local conditions in the area encompassed by the City of Berkeley, as set forth below:

1. LOCAL CONDITIONS
a. Climatic Conditions
i. Discussion
The City of Berkeley is located at the geographic center of the Bay Area. The western limits are defined by the Bay at near sea level and the eastern limits by the abruptly rising Berkeley Hills to 1,200 feet. The eastern limit faces open parklands and open space (covered with vegetative fuel loading) to the east and is exposed to a unique danger from wildland fires during periods of hot, dry weather in the summer months. Many of the Berkeley homes in this area have wood shake and shingle roofs and are surrounded by brush type vegetation. The situation is made even worse by the negative effects of high wind conditions during the fire season. During May to October, critical climatic fire conditions occur where the temperature is greater than 80oF, wind speed is greater than 15 mph, fuel moisture is less than or equal to 10 percent, wind direction is from north to

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the east-southeast and the ignition component is 65 or greater. These conditions occur more frequently during the fire season but this does not preclude the possibility that a serious fire could occur during other months of the year. The critical climate fire conditions create a situation conducive to rapidly moving, high intensity fires. Fires starting in the wildland areas along the easterly border are likely to move rapidly westward into Berkeley's urban areas.
 In September 1923, critical climatic fire conditions were in effect and Berkeley sustained one of the most devastating fires in California's history. A fire swept over the range of the hills to the northeast of Berkeley and within two hours was attacking houses within the City limits. A total of 130 acres of built-up territory burned. 584 Berkeley buildings were wholly destroyed and about 30 others seriously damaged. By far the greater portion were single-family dwellings, but among the number were 63 apartments, 13 fraternity, sorority and students’ house clubs and 6 hotels and boarding houses.
 In September 1970, during critical climatic fire conditions characterized by hot, dry winds out of the northeast, a fire started along Fish Ranch Road and Grizzly Peak.

This fire rapidly spread into the surrounding neighborhoods of Oakland and Berkeley, burning 400 acres and destroying 37 homes. An additional 18 homes were badly damaged before the fire was brought under control.  In December of 1980, during critical climatic fire conditions, a small fire started at Berkeley's northeast limits and within minutes five homes were totally destroyed by fire.
 On October 20, 1991, a disastrous firestorm swept down from the Oakland hills.

Within the first few hours, thousands of people were evacuated. Ultimately, over 3,000 dwelling units were destroyed, of which more than 70 were in Berkeley. This fire matched the pattern established by the fires of 1923 and 1980. Additionally, the conditions that led to it were the same as the conditions that led to a 1970 fire that destroyed 37 homes in Berkeley and Oakland.
ii. Summary.

Local climatic conditions of limited rainfall, low humidity, high temperatures and high winds along with existing building construction create extremely hazardous fire conditions that adversely affect the acceleration intensity and size of fires in the City. The same climatic conditions may result in the concurrent occurrence of one or more fires, which may spread in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. b. Geological Conditions.
i. Discussion.

The City of Berkeley is in a region of high seismic activity and is traversed by the Hayward fault. It has the San Andreas earthquake fault to the west and the Calaveras earthquake fault to the east. All three faults are known to be active as evidenced by the damaging earthquakes they have produced in the last 100 years and can, therefore, be expected to do the same in the future. Of primary concern to Berkeley is the Hayward

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Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. It extends through many residential areas and passes through a small business district and the University of California. A large number of underground utilities cross the fault, including major water supply lines. Intensified damage during an earthquake may be expected in those areas of poorer ground stability along the Bay, west of Interstate 80 and in known slide areas, as well as hillside areas (occupied mainly by dwellings) located within or near the fault zone; some areas are steep and have been subjected to slides.

The waterfront areas and areas in the Berkeley flatlands immediately adjacent to creeks and water streams present a major potential for soil liquefaction hazard. The Eastshore Freeway may liquefy and fail under heavy shaking or it may be inundated by a tsunami.

The north hill area is most susceptible to landslides because of the presence of soft and unconsolidated sediments, extensive water content in the ground and the steepness of slopes.

Great potential damage can be related to the likely collapse of freeway overpasses. In the event of a major earthquake, Berkeley's firefighting capability could be greatly affected by loss of its main water supply. There is also the strong possibility of inundation due to failure of water reservoirs in the hill area. The replacement of Summit Reservoir at the Kensington border in Berkeley was completed in December 2018.

Berryman Reservoir North has been demolished and replaced by a steel tank in 2012.

Berryman Reservoir South has received a seismic upgrade. Additional potential situations following an earthquake include broken natural gas mains and ensuing fires in the streets; building fires, as the result of broken service connections; trapped occupants in collapsed structures; and rendering of first aid and other medical attention to a large number of people.
ii. Summary.

Local geological conditions include high seismic activity and large concentrations of residential type buildings as well as a major freeway. Since the City of Berkeley is located in a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, the modifications cited herein are intended to better limit life safety hazards and property damage as a result of a seismic activity.
c. Topographical Conditions.
i. Discussion.

The City of Berkeley has many homes built throughout the urban portion of the Berkeley Hills that are reached by narrow and often winding paved streets which hamper access for fire apparatus and escape routes for residents. In addition, many of the hillside homes are on the extreme eastern edge of the City and require longer response times for the total required firefighting force. Panoramic Way and other hill areas with narrow and winding streets may face the problem of isolation from the rest of the City.

In the areas north and south of the University of California, there are large concentrations of apartments, rooming houses, and fraternity and sorority houses. A number of apartments in these areas are of wood frame construction and are up to five stories in

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height from grade level. The fire potential is moderately high due to building congestion, heights, and wood shingle roof coverings and siding. Fires can be expected to involve large groups of buildings in these areas. It is noted that Berkeley most probably has more physically impaired people per capita than any other community in the United States. It is estimated that 11% of the approximate population of 121,077 per 2020 Census in Berkeley are physically impaired. Emergency egress and rescue for these people are more difficult during a fire or other life safety emergency.

The Eastshore Highway, running along the western edge of Berkeley, is one of the most heavily used and congested freeway sections in the state. Noted impacts have been increased rates of asthma, particularly among children. The proximity of Berkeley to this freeway and its location downwind from prevailing patterns negatively affects air quality, thus increasing the impact of wood smoke in Berkeley.
d. Summary.

Local topographical conditions include hillside housing with many narrow and winding streets with slide potential for blockage in the abruptly rising Berkeley Hills. These conditions create an extremely serious problem for the Fire Department when a major fire or earthquake occurs. Many situations will result in limiting or total blockage of fire department emergency vehicular traffic, overtaxed fire department personnel and a total lack of resources for the suppression of fire in buildings and structures in the City of Berkeley. In addition, under these local conditions, the presence of wood smoke can cause increased disease, including asthma, and increased deaths from heart and lung disease.

2. REASONABLE NECESSITY
The proposed changes and modifications to the California Fire Code are reasonably necessary due to the local climatic, geological and topographical conditions set forth above.

They are further justified for the reasons set forth below.

In adopting the California Fire Code as the Berkeley Fire Code, the City proposes to make certain substantive modifications whose effect is to impose more stringent requirements locally than are mandated by the California Fire Code. These are specifically listed below, but may be generally characterized as relating to: the preservation of building and roof accessibility and emergency egress; maintenance of building compartmentation using fusible links; amendment of automatic sprinkler requirements; amendment of fire alarm system requirements; amendment of fire flow requirements; requirements for high-rise air supply and the regulation of hazards including hazardous materials, Wildland-Urban Interface management, temporary assembly attractions, fireworks and explosives. These more stringent local requirements are reasonably necessary to address risks created by local conditions set forth above for the following reasons:

1. Section 503 (Fire Apparatus Access Roads) and Appendix D (Fire Apparatus Access Roads) are adopted in their entirety as local code amendments. They are adopted due to: local geological conditions of severe earthquake potential which may result in landslides and the collapse of “built-environment” features which may block access roads; local topographical conditions including narrow streets and steep hills which slow and hinder emergency response and evacuation; and local climatic

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conditions including the need for rapid, unhindered citizen evacuation from and emergency responder access into wildfire prone areas of the City.

2. Section 504.1.1 (Marking of Exterior Building Openings) is added due to local topographical conditions which promote multi-story and on-slope construction to maximize buildable space within the City. The limited space available for development encourages developers and designers to crowd exterior openings into limited available space, often resulting in groups of building openings without any obvious cues for firefighters as to the area(s) served within the building or the purpose of the openings. This amendment is intended to inform firefighters as to the area served and/or purpose of an exterior opening and therefore reduce the amount of time firefighters may spend searching for or forcing entry into otherwise unmarked doorways.

3. Section 705.2.5 (Smoke- and Heat-Activated Doors) is amended due to the increased risks caused by fires resulting from earthquakes and proximity to the wildland-interface. These risks, which are particularly severe in Berkeley due to its high population density, are shown by its past history of above average death and property loss due to fire in these types of occupancies. This amendment will maintain the fire and smoke separation requirements and prevent spread of smoke and fire in apartments, boarding houses, and congregate living spaces.

4. Sections 903.2.10.1, 903.2.11.1, 903.2.11.2, 903.2.22, 903.2.23, 903.3.1.2, 903.3.10 and 1103.5, 1103.5.6, 1103.5.6.1, 1103.5.6.2, 1103.5.6.3 (Fire Sprinkler Systems) are amended due to the increased risks caused by fires resulting from earthquakes and proximity to the wildland-interface. These risks, which are particularly severe in Berkeley due to its high population density, are shown by its past history of above average death and property loss due to fire in these types of occupancies. Automatic fire sprinkler systems significantly reduce the loss of life and fire spread with early suppression and control of a fire. Additionally, these amendments will maintain the standards established in 1992 after the 1990 fraternity fire and 1991 Berkeley Oakland firestorm.

5. Amendments and additions to Sections 907.1.6, 907.1.7, 907.2, 907.2.1, 907.2.2, 907.2.4, 907.2.7, 907.2.7.1, 907.2.8.1, 907.2.8.2, 907.2.9.1, 907.6.6, 907.9, 907.9.1, 1103.7, 1103.7.5.1, 1103.7.6, and 1103.7.10 (Fire Alarm Systems) are amended due to the increased risks caused by fires resulting from earthquakes and proximity to the wildland-interface. These risks, which are particularly severe in Berkeley due to its high population density, are shown by its past history of above average death and property loss due to fire in these types of occupancies. Automatic fire alarm systems significantly reduce the loss of life and fire spread with early detection and notification of firefighting personnel. Additionally, these amendments will maintain the standards adopted in 1998 as part of the Berkeley Fire Code.

6. Section 5704.2.11.1.1 (Restrictions on Underground Storage Tanks), Section 5704.2.13.1.4 (Tanks Abandoned in Place), Section 5704.2.14 (Removal and Disposal of Tanks) and section 6104.1.1 (Restrictions on Storage of LP-Gas Containers) of the Berkeley Fire Code are local amendments to the California Fire Code. These subsections are necessitated by local topographical conditions

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including the dense population of residential dwellings throughout the City; the narrow winding streets of the hazardous hill area; and the presence of a major transportation system underground (BART with its surge chambers and other openings at the street level in various areas of the city). These factors make it very important for purposes of fire safety to regulate hazardous material storage to ensure that it does not intrude in these areas.

7. Section B105.2 (Appendix B, “Fire Flow Requirements for Buildings”, Table B105.2, “Required Fire-Flow For Buildings Other Than One- And Two-Family Dwellings, Group R-3 And R-4 Buildings And Townhouses”) is amended due to the geological conditions of the City with its proximity to major earthquake faults. Predictions by the local water utility company are that many water mains will break as the result of a magnitude 6.7 earthquake on the Hayward Fault.

8. Appendix P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses) is adopted as a local amendment to the California Fire Code and is adopted based on local geological conditions (the potential for severe earthquake with accompanying fire and/or structural collapse) and local topographical conditions including the need to ensure adequate separation of structures and uses in densely developed urban areas. Fire alarm systems (as required in this appendix) are shown to significantly reduce the life safety threat to occupants of structures during fire events. Regulation of these structures and activities ensures that adequate safety provisions have been made for limiting occupancy to safe numbers of guests and for the evacuation of attraction guests in crowded urban environments. Adoption of this appendix also allows for the regulation of related features such as the combustibility of decorations and the management of hazards such as temporary electrical wiring and the use of portable generators.

BE IT FURTHER RESOLVED by the Council of the City of Berkeley that certain local amendments to the codes are not building standards more stringent than the provisions of the California Fire Code but rather cover matters not addressed by those codes as building standards, or are administrative in nature, as follows:

1. Berkeley Fire Code Chapter 19.48, Article 1, Scope and Administrative Provisions, as amended, details local ordinances and regulations necessary to carry out and enforce the Berkeley Fire Code in the City of Berkeley relating to civil, administrative, or criminal procedures.

2. Berkeley Fire Code Chapter 19.48, Article 2, Definitions, as amended, provides additional definitions required to clarify and implement the local adoption of the fire code.

3. Chapter 3 (General Requirements) is adopted in its entirety. The adopted sections of this chapter impose controls on a wide range of hazards that are not building standards. Hazards addressed include asphalt kettles, combustible waste materials, control of ignition sources, open burning/recreational fires, open flames, powered industrial equipment, smoking, securing of vacant premises, vehicle impact protection, fueled equipment, general storage and hazards to firefighters.

4. Section 1031.2, ([Emergency Escape and Rescue] Where Required) is a local

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amendment to correct the Berkeley Fire Code language to match the Berkeley Building Code language.

5. Section 5001.7 (Hazardous Materials Transport Restrictions) is a local amendment to the California Fire Code that restricts the transportation, storage and transfer of hazardous materials but does not create or modify any building standards. It simply imposes additional requirements necessitated by local conditions. This additional subsection is necessitated by the dense population of residential dwellings throughout the City; the narrow winding streets of the hazardous hill area; and the presence of a major transportation system underground (BART with its surge chambers and other openings at the street level in various areas of the city). These factors make it very important for purposes of fire safety to regulate hazardous material transportation to ensure that it does not intrude in these areas.

6. Section 5601.1.3 (Fireworks) prohibits (with suitable exceptions) the possession, manufacture, storage, sale, handling and use of fireworks within the jurisdiction (including fireworks classified by the State Fire Marshal as Safe and Sane fireworks).

Section 5604.1 (General [Explosive Materials Storage and Handling])) is modified to prohibit the storage and handling of explosives within the jurisdiction. Both sections are intended to preserve the ban on storage, handling and use of these materials within City limits which have historically been deemed unsafe and inappropriate activities within the jurisdiction.

7. Section 5701.4.1 (Transfer of Flammable and Combustible Liquids) prohibits dispensing of flammable liquids on or from a street or public way and provides administrative provisions, additional clarification and non-building standard approval or permit requirements required to implement the fire code.

8. Appendix E (Hazard Categories) and Appendix F (Hazard Ranking) are local amendments to the California Fire Code related to hazardous materials management. These chapters define the hazard categories and rankings associated with the storage, handling and use of hazardous materials, and provide the qualitative and quantitative rankings used on hazardous materials information signs posted for the benefit of firefighters and other first responders. These hazard categories and rankings are administrative in nature and do not constitute building standards.

9. Appendix O (Valet Trash and Recycling Collection in Group R-2 Occupancies) provide specific guidelines on operating valet trash service in a Group R-2 Occupancy.

BE IT FURTHER RESOLVED, that Resolution No. 70,710–N.S is hereby rescinded.

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RESOLUTION NO. ##,####- N.S.

ESTABLISHING ANNUAL PERMIT FEES, INSPECTION AND BILLING RATES FOR

INSPECTION OF PROPERTY SITES BY THE BERKELEY FIRE DEPARTMENT, AND RESCINDING RESOLUTION NO. 71,837-N.S. AND ALL RESOLUTIONS

AMENDATORY THEREOF
BE IT RESOLVED by the Council of the City of Berkeley as follows:

Section 1. ANNUAL PERMIT FEES
For every permit issued under the provisions of the Berkeley Fire Code (Berkeley Municipal Code Chapter 19.48, Sections 105.5, 105.6, 5001.7), a fee therefore shall be paid in advance to the Fire Department or upon completion of services rendered as specified by the Fire Department as follows:

Code
Section Fee Description
Current
Fee

OPERATIONAL PERMITS
Section
105.5.1
Additive manufacturing. An operational permit is required to conduct additive manufacturing operations regulated by
Section 4106.3.
$250.00
Section
105.5.2
Aerosol products, aerosol cooking spray products and
plastic aerosol 3 products. An operational permit is
required to manufacture, store or handle an aggregate
quantity of Level 2 or Level 3 aerosol products, aerosol cooking spray products or plastic aerosol 3 products in excess of 500 pounds (227 kg) net weight.
$500.00
Section
105.5.3
Amusement buildings. An operational permit is required to operate a special amusement building.
$500.00
Section
105.5.4
Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to hot work, hazardous materials and flammable or combustible finishes.
$500.00
Section
105.5.5
Carnivals and fairs. An operational permit is required to conduct a carnival or fair.
$500.00
Section
105.5.6
Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.
$500.00

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Code
Section Fee Description
Current
Fee
Section
105.5.60
Christmas tree sales lot. An operational permit is required to operate a Christmas tree sales lot.
$500.00
Section
105.5.7
Combustible dust-producing operations. An operational
permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2.
$500.00
Section
105.5.8
Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8m3).

Exception: A permit is not required for agricultural storage. $500.00
Section
105.5.9
Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and
pressure (NTP) of compressed gases in excess of the
amounts listed in Table 105.5.9.

Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
$500.00
minimum
Section
105.5.10
Covered and open mall buildings. An operational permit is required for:

1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and
similar items in the mall.

2. The display of liquid- or gas-fired equipment in the mall.

3. The use of open-flame or flame-producing equipment in the mall.
$500.00
minimum
Section
105.5.11
Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.5.11
Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
$500.00
minimum
Section
105.5.12
Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. $250.00
Section
105.5.13
Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more
hazardous cleaning solvent used in existing dry cleaning equipment.
$500.00

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Code
Section Fee Description
Current
Fee
Section
105.5.14
Energy storage systems. An operational permit is required for stationary and mobile energy storage systems regulated by Section 1207. Operational permits shall not be required for ESS located at detached one- and two-family dwellings and townhouses, other than Group R-4.
$500.00
minimum
Section
105.5.61
Escort convoy service. Police and/or Fire Department
convoy service for vehicle transportation of extremely
hazardous materials.
$500.00
minimum
Section
105.5.15
Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.
$500.00
Section
105.5.16
Explosives. An operational permit is required for the
manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56. See Health and Safety Code Division 11, Part 1, Sections 12000, et seq. for additional requirements.

Exception: Storage in Group R-3 occupancies of
smokeless propellant, black powder and small arms
primers for personal use, not for resale and in accordance with Section 5606.
$618.00
To conduct a public fireworks display ...................................... $1500.00 minimum
To continue the use of a public fireworks display permit.......... $250.00 Section
105.5.62
Fire fighter air replenishment system (FARS). An annual operational permit is required to maintain a FARS system in accordance with Appendix L.
$250.00
Section
105.5.17
Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes that are installed on water systems and provided with ready access from a fire apparatus access road that is open to or generally used by the public.

Exception: A permit is not required for authorized
employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves.
$250.00
Section
105.5.18
Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within

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Code
Section Fee Description
Current
Fee
facilities of flammable or combustible liquids. This
requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems. ...................... $500.00
minimum

2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant
or mobile heating plant, unless such storage, in the
opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for
maintenance, painting or similar purposes for a period
of not more than 30 days.
$500.00

Exception: Fuel oil and used motor oil used for space
heating or water heating. $250.00

5. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps
normally used for dispensing purposes.............................. $250.00

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.................................................. $250.00

7. To place temporarily out of service (for more than 90 days) $250.00

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Code
Section Fee Description
Current
Fee
an underground, protected above-ground or above-ground
flammable or combustible liquid tank. .................................

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and
constructed.......................................................................... $250.00

9. To manufacture, process, blend or refine flammable or combustible liquids.............................................................. $500.00

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial,
governmental or manufacturing establishments in
accordance with Section 5706.5.4 or to engage in on-
demand mobile fueling operations in accordance with
Section 5707.. .................................................................... $500.00

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial,
governmental or manufacturing establishments in
accordance with Section 5706.5.4 or, where required by
the fire code official, to utilize a site for on-demand mobile fueling operations in accordance with Section 5707. ..
$500.00
Section
105.5.19
Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids.
$500.00
Section
105.5.20
Fruit and crop ripening. An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit- ripening process using ethylene gas.
$500.00
Section
105.5.21
Fumigation and insecticidal fogging. An operational permit is required to operate a business of fumigation or insecticidal fogging, and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.

No permit
required
Section
105.5.63
General use permit. For any activity or operation not
specifically described in this code, which the fire code official reasonably determines, may produce conditions hazardous to life or property.
$500.00
minimum
Section
105.5.22
Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous $500.00
minimum

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Code
Section Fee Description
Current
Fee
materials in excess of the amounts listed in Table 105.5.22.

Section
105.5.23
HPM Facilities. An operational permit is required to store, handle or use hazardous production materials.
$500.00
Section
105.5.24
High-piled storage. An operational permit is required to use a building or portion thereof with more than 500 square feet (46 m2), including aisles, of high-piled combustible storage. $500.00
minimum
Section
105.5.25
Hot work operations. An operational permit is required for hot work including, but not limited to:....................................... $500.00
(unless
otherwise
noted)

1. Public exhibitions and demonstrations where hot work is conducted.

2. Use of portable hot work equipment inside a structure.

Exception: Work that is conducted under a construction
permit.

3. Fixed-site hot work equipment such as welding booths.

4. Hot work conducted within a wildfire risk area.

5. Application of roof coverings with the use of an open-flame device. $125.00

6. When approved, the fire code official shall issue a permit to carry out a hot work program. This program allows
approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision.

Section
105.5.26
Indoor plant cultivation. An operational permit is required for plant cultivation where a carbon dioxide (CO2) enriched environment is created.
$125.00
minimum
Section
105.5.27
Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30.
$500.00
Section
105.5.28
Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.
$500.00

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Code
Section Fee Description
Current
Fee
Section
105.5.29
Lithium batteries. An operational permit is required for an accumulation of more than 15 cubic feet (0.42 m) of lithium- ion and lithium metal batteries, where required by Section 322.1.
$500.00
Section
105.5.30
LP-gas. An operational permit is required for:

1. Storage and use of LP-gas.

Exception: A permit is not required for individual
containers with a 500-gallon (1893 L) water capacity or less or multiple container systems having an aggregate
quantity not exceeding 500 gallons (1893 L), serving
occupancies in Group R-3.

2. Operation of cargo tankers that transport LP-gas.
$500.00
minimum
Section
105.5.31
Lumber yards and woodworking plants. An operational
permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
$500.00
Section
105.5.32
Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of
magnesium.
$500.00
Section
105.5.33
Miscellaneous combustible storage. An operational permit is required to store in any building or on any premises in excess of 2,500 cubic feet (71 m3) gross volume of
combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, or similar combustible material.
$500.00
Section
105.5.34
Mobile food preparation vehicles. An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease-laden vapors.
$125.00
minimum
Section
105.5.58
Mobile fueling of hydrogen-fueled vehicles.

An operational permit is required:

1. To engage in the mobile dispensing of gaseous
hydrogen as a fuel into the fuel tanks of motor vehicles.

2. Where required by the fire code official, to utilize a site for the dispensing of gaseous hydrogen as a fuel from
tank vehicles into the fuel tanks of motor vehicles.

Exception: In cases of an emergency, a site permit is not required.
$500.00
minimum
Section
105.5.35
Motor fuel-dispensing facilities. An operational permit is required for the operation of automotive, marine, and fleet $500.00
minimum

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Code
Section Fee Description
Current
Fee
motor fuel-dispensing facilities, or for mobile fueling operations using flammable liquids and which are conducted at facilities or locations which are not permanent, permitted motor fuel dispensing facilities.

Exception: Transfer of not more than 5 gallons flammable or combustible liquids using a listed or approved portable fuel container of 5 gallons or less capacity.

Section
105.5.36
Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground.

Instructions and stipulations of the permit shall be complied with.

Exception: Recreational fires.
$250.00
Section
105.5.37
Open flames and torches. An operational permit is required to remove paint with a torch; or to use a torch or open-flame device in a wildfire risk area.
$250.00
Section
105.5.38
Open flames and candles. An operational permit is required to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. $250.00
Section
105.5.39
Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.
$500.00
Section
105.5.40
Outdoor assembly event. An operational permit is required to conduct an outdoor assembly event where planned
attendance exceeds 1,000 persons.
$500.00
minimum
Section
105.5.64
Parking facility, special events. An operational permit is required to use buildings or structures for vehicle parking, including parking for special events (i.e. football games, etc.) A. Less than 15 parking spaces........................................ $250.00
B. 15 or more parking spaces .......................................... $500.00 Section
105.5.41
Places of assembly. An operational permit is required to operate a place of assembly.

A. Occupant load less than 300 .................................. $500.00 B. Occupant load 300 or more .................................... $750.00 Section
105.5.42
Plant extraction systems. An operational permit is required to use plant extraction systems.
$500.00
Section
105.5.43
Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire $250.00

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Code
Section Fee Description
Current
Fee
hydrants.

Exception: A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.

Section
105.5.44
Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. See Health and Safety Code Division 11, Part 2, Sections 12500, et seq. for additional requirements.
$500.00
Section
105.5.45
Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kg) of
cellulose nitrate (pyroxylin) plastics, and for the assembly or manufacture of articles involving pyroxylin plastics.
$500.00
Section
105.5.46
Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6.
$500.00
minimum
Section
105.5.47
Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages. $500.00
minimum
Section
105.5.48
Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.
$500.00
Section
105.5.49
Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24.
$500.00
Section
105.5.50
Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires, and for indoor storage of tires and tire byproducts.
$500.00
Section
105.5.65
Tank vehicles. An operational permit is required to operate a tank vehicle (other than flammable and combustible liquids tank vehicles as listed and regulated in 105.5.18, item 6) including those hazardous materials transportation vehicles defined in Section 5001.7 of the Berkeley Fire Code for the transportation of hazardous liquids or materials.
$500.00
annually
Section
105.5.51
Temporary membrane structures, special event
structures and tents. An operational permit is required to operate an air-supported temporary membrane structure, a temporary special event structure or a tent having an area in excess of 400 square feet (37 m2)
$500.00

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Code
Section Fee Description
Current
Fee
Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents, curtains and extensions attached thereto, when used for funeral services.

3. Tents open on all sides, which comply with all of the following:

3.1 Individual tents having a maximum size of 700 square feet (65 m2).

3.2 The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65
m2) total.

3.3 A minimum clearance of 12 feet (3658 mm) to
structures and other tents shall be provided.

Section
105.5.52
Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. $500.00
Section
105.5.53
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material- handling facilities.
$500.00
Section
105.5.54
Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3).
$500.00
Section
105.5.55
Temporary heating or cooking in tents or membrane
structures. An operational permit is required to operate temporary heating or cooking equipment within tents or
membrane structures.
$125.00
minimum
Section
105.5.56
Temporary heating or cooking in wildfire risk areas.

Where required by local regulations, an operational permit is required to operate temporary heating or cooking equipment in wildfire risk areas.
$125.00
minimum
Section
105.5.57
Temporary heating for construction sites. An operational permit is required to operate temporary heating equipment in structures during the course of construction, alteration or demolition.
$125.00
minimum
Section
105.5.59
Additional permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention Division prior to engaging in the following activities, operations, practices or functions:
$500.00

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Code
Section Fee Description
Current
Fee

1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap
parties.

2. Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or
combustible liquids and gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial
production.

3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.

CONSTRUCTION PERMITS
Section
105.6.1
Automatic fire-extinguishing systems. A
construction permit is required for installation of or
modification to an automatic fire-extinguishing system, other than an automatic sprinkler system. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a permit.

A. Range Hood System...................................................... $500.00*
B. Chemical Suppression System...................................... $500.00* C. All others......................……..............…….......... ........... $500.00* Field Inspection ..................................................……….......... $125.00 / qtr hour*
*minimum
Section
105.6.2
Automatic sprinkler systems. A construction permit is
required for installation of or modification to an automatic sprinkler system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

A. Automatic Sprinkler
B. Automatic Sprinkler (small alteration or repairs to an existing system with 20 heads or less)
C. Underground
D. All others
$500.00*
$250.00*
$500.00*
$500.00*

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Code
Section Fee Description
Current
Fee
Field Inspection $125.00 /
qtr hour*
*minimum
Section
105.6.3
Compressed gases. Where the compressed gases in use or
storage exceed the amounts listed in Table 105.5.9, a
construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.

Exceptions:

1. Routine maintenance.

2. For emergency repair work performed on an emergency
basis, application for permit shall be made within two
working days of commencement of work.
$500.00
Section
105.6.4
Cryogenic fluids. A construction permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the
amounts listed in Table 105.5.11. Maintenance performed in accordance with this code is not considered to be an
alteration and does not require a construction permit.
$500.00
minimum
Section
105.6.5
Emergency responder communication coverage system.

A construction permit is required for installation of or modification to in-building, two-way emergency responder communication coverage systems and related equipment.

Maintenance performed in accordance with this code is not considered to be a modification and does not require a
construction permit.
$500.00
minimum
Section
105.6.6
Energy storage systems. A construction permit is required to install energy storage systems regulated by Section 1207. $500.00
minimum
Section
105.6.7
Fire alarm and detection systems and related equipment.

A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered to be a modification and does not require a construction permit.

A. Under 12 devices...............................................…........... $500.00*
B. 12-30 devices ...............................………………….......... $750.00* C. 31-49 devices………………………………………............. $1250.00*
D. 50 or more devices…………………………………............ $1500.00* E. Water flow alarms …………………………………............. $250.00

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Code
Section Fee Description
Current
Fee
F. Field Inspection ……………………………………… ......... $125.00
/qtr hr.*
*minimum
Section
105.6.8
Fire pumps and related equipment. A construction permit is required for installation of or modification to fire pumps and related fuel tanks, jockey pumps, controllers and generators.

Maintenance performed in accordance with this code is not considered to be a modification and does not require a
construction permit.
$500.00
Section
105.6.9
Flammable and combustible liquids. A construction permit is required:

1. To install, repair or modify a pipeline for the transportation of flammable or combustible liquids.
$500.00
minimum

2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where
flammable and combustible liquids are produced,
processed, transported, stored, dispensed or used.
$250.00

3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank. $250.00
minimum
Section
105.6.10
Fuel cell power systems. A construction permit is required to install stationary fuel cell power systems.
$500.00
minimum
Section
105.6.11
Gas detection systems. A construction permit is required for the installation of or modification to gas detection systems.

Maintenance performed in accordance with this code is not considered a modification and shall not require a permit. $500.00
minimum
Section
105.6.12
Gates and barricades across fire apparatus access roads.

A construction permit is required for the installation of or modification to a gate or barricade across a fire apparatus access road.
$500.00
Section
105.6.13
Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use or storage exceed the amounts listed in Table 105.5.22.

Exceptions:

1. Routine maintenance.
$500.00
minimum

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Code
Section Fee Description
Current
Fee

2. For repair work performed on an emergency basis,
application for permit shall be made within two working days of commencement of work.

Section
105.6.14
High-piled combustible storage. A construction permit is required for the installation of or modification to a structure with more than 500 square feet (46 m2), including aisles, for high-piled combustible storage. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a construction permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.15
Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30.

Exceptions:

1. Routine maintenance.

2. For repair work performed on an emergency basis,
application for permit shall be made within two working days of commencement of work.
$500.00
Section
105.6.16
LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a permit.
$500.00
Section
105.6.17
Motor vehicle repair rooms and booths. A construction
permit is required to install or modify a motor vehicle repair room or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.18
Plant extraction systems. A construction permit is required for installation of or modification to plant extraction systems.

Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.19
Private fire hydrants. A construction permit is required for the installation of or modification of private fire hydrants.

Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

Hydrant(s) or hydrant groups……………………………............

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Code
Section Fee Description
Current
Fee
$500.00
Field Inspection ...................................................……… ......... $125.00 /qtr hour*
*minimum
Section
105.6.20
Smoke control or smoke exhaust systems. Construction
permits are required for installation of or alteration to smoke control or smoke exhaust systems. Maintenance performed in accordance with this code is not considered to be an
alteration and does not require a permit.
$500.00
minimum
Section
105.6.21
Solar photovoltaic power systems. A construction permit is required to install or modify solar photovoltaic power systems.

Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.22
Special event structure. A single construction permit is required to erect and take down a temporary special event structure in accordance with Section 105.5.51.

Fire Dept.

Review is
under a
building
permit.

Std. Bldg.
fees apply
Section
105.6.23
Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
$500.00
Section
105.6.24
Standpipe Systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

A. Standpipe, Class I, II and III Combined............................ $500.00*
B. Underground .................................................................... $500.00* Field Inspection........................................................................ $125.00* /qtr hour
*minimum
Section
105.6.25
Temporary membrane structures and tents. A construction permit is required to erect an air-supported temporary
$500.00

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Code
Section Fee Description
Current
Fee
membrane structure, a temporary stage canopy or a tent
having an area in excess of 400 square feet (37 m2)
Exceptions:

1. Tents used exclusively for recreational camping
purposes.

2. Funeral tents and curtains, or extensions attached
thereto, when used for funeral services.

3. Tents and awnings open on all sides, which comply with all of the following:

3.1 Individual tents shall have a maximum size of 700
square feet (65 m2).

3.2 The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65
m2) total.

3.3 A minimum clearance of 12 feet (3658 mm) to
structures and other tents shall be maintained.

Section
105.6.26
Window bars, operational constraints and opening
control devices. A construction permit is required to install window bars or other equipment which imposes operational constraints and opening controls on exterior doors or windows of any sleeping rooms below the fourth floor in apartment houses, hotels, and motels.
$250.00
Section 2. ANNUAL FIRE CLEARANCE
For every annual fire clearance certificate issued by the Berkeley Fire Department, a fee shall be paid in advance of issuance of such certificate (Berkeley Fire Code Section 107.2), to the Fire Department as follows:

Group Homes, institutions for children, certified family care homes, board and care facilities, and maternity homes (each accommodating more than six persons, not including employees or relatives), and NOT classified as a Community Care Facility as defined in the California Health & Safety Code (H&SC) section 1502, or as a Residential Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750).
$500.00
Convalescent Hospitals, nursing homes, and homes for the aged (each accommodating not more than six persons, not including employees or relatives) and NOT classified as a Community Care Facility as defined in $500.00

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Attachment 3

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the Calif. Health & Safety Code (H&SC) section 1502, or as a Residential Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750).

Convalescent Hospitals, nursing homes, and homes for the aged (each accommodating not more than six persons and less than 100, not including employees or relatives) and NOT classified as a Community Care Facility as defined in the Calif. Health & Safety Code (H&SC) section 1502, or as a Residential Care Facility for the Elderly (H&SC 1569.2), or as a Child Day Care Facility (H&SC 1596.750). $750.00
Convalescent Hospitals, nursing homes, and homes for the aged (each accommodating 100 or more persons, not including employees or relatives.
$1000.00
Hospitals $500.00
per hour
Community Care Facilities as defined in the Calif. Health & Safety Code (H&SC) section 1502, Residential Care Facility for the Elderly as defined in H&SC 1569.2, and Child Day Care Facilities (H&SC 1596.750).

Pre-inspection Fee (25 or fewer client capacity)
qtr. hour
minimum
$125.00
Pre-inspection Fee (26 or more client capacity)
[Ref. Calif. Health & Safety Code, section 13235(a)] states that the inspecting agency may charge “a fee equal to, but not exceeding the actual cost of the preinspection services.”
$125.00
Section 3. MISCELLANEOUS FEES
A. For copies of fire reports prepared by the Fire Department, a fee shall be paid in advance as follows:

1. Staff cost for file review and preparation of subpoena documents $ 6.00 qtr. hr.

2. Copy of each report $ 0.10 per pg.

B. State Requested Fire & Life Safety Review, Consultation, Inspection & Permit Clearances
$125.00/qtr hr
C. General inspection and investigation fees

1. Fees for services rendered by the Fire Department for inspections of fire protection systems, re-inspections of citizen complaints with violations, nuisance inspections research, report preparation and file review services (except for subpoena documents, city records, publications and meeting tapes) $125.00/qtr hr

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Attachment 3

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2. Fire code consultation services for building development, construction and modifications and pre-permit application $500.00/hour

3. Overtime fire & life safety inspection $500.00/hour
(2 hr min.)

4. After-hours call-back for fire & life safety inspection $500.00/hour (4 hr min.)

5. Accelerated plan review services (as-available, billed at 1.5x the standard hourly rate $500.00) $750.00/hour
D. Fire and Life Safety Investigations or Stand-by Services .......................$500.00 minimum
E. Indoor Entertainment Inspection.............................................................

Subsequent inspections shall be billed at $125.00 per quarter hour $125.00 per
initial
inspection
F. Fire Permit Application & Fire Permit Extension Fees .............................Standard Building Dept.

Fees Apply
NOTE: All permits and inspection fees under this Resolution are based on average estimated staff and clerical time for applicable plan checking, research, field inspections, etc. Where a fee is indicated as a minimum, and where staff time exceeds one hour, an additional charge will be made at the rate of $125.00 per quarter hour.

Section 4. INSPECTION AND BILLING RATE
That a rate of $125.00 per quarter hour (15 minutes) is hereby established as both the billing rate and the billing unit for a given Fire Prevention inspection of a property. A minimum charge of $125.00 will be made for each property inspected (e.g. each property and/or business address) with an additional charge for each additional quarter hour unit, or portion thereof.

Exception: Properties that have abated all fire code violations prior to the first re- inspection shall not be charged a fee for the re-inspection.

Section 5. DELINQUENCY CHARGE
That a delinquency charge of 20% may be imposed on each account that remains unpaid, sixty (60) days following the initial mailing of the bill.

Section 6. BILLING AND COLLECTION PROCEDURES
That the billing and collection procedures are to be done by the Finance Department and will allow the City to recover unpaid fees through all available remedies, including the lien process. That in the event of billing disputes, the Fire Chief or his designated

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Attachment 3

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representative may review and make recommendations for adjustments to the Finance Department.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and in effect on and after January 1, 2026.

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Attachment 4
Summary of Proposed Fee Amendments

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The following details proposed amendments and changes to the fire permit and inspection fee schedule for fire department fire permitting, fire inspection, and service fees:

A. Re-numbered and reorganized sub-sections under 105.5 and 105.6 to reflect changes in the 2025 California Fire Code.
a. 105.5.27 through 105.5.65, operational permits
b. 105.6.2 through 105.6.25, construction permits
B. Updated section references in the permit fee language to reflect changes in the 2025 California Fire Code.
a. 105.5.1 Additive Manufacturing (§320.3 to §4106.3)
C. Amended text in the permit fee language to reflect the 2025 California Fire Code language.
a. 105.5.14 Energy Storage Systems
b. 105.5.40 Outdoor Assembly Event
c. 105.5.51 Temporary Membrane Structures, Special Event Structures and Tents
d. 105.6.1 Automatic Fire-Extinguishing Systems
e. 105.6.22 Special Event Structure
D. Established new fees to reflect the new permits in the 2025 California Fire Code and established a minimum fee of $125.00, which is the lowest fee charged in the fire fee schedule.
a. 105.5.26 Indoor Plant Cultivation
b. 105.5.34 Mobile Food Preparation Vehicles
c. 105.5.55 Temporary heating or cooking in tents or membrane structures d. 105.5.56 Temporary heating or cooking in wildfire risk areas e. 105.5.57 Temporary heating for construction sites
E. Divided the former Automatic Fire-Extinguishing Systems fee into two fees:
§105.6.1 Automatic Fire-Extinguishing Systems and §105.6.2 Automatic Sprinkler Systems, which reflect changes in the 2025 California Fire Code. No new fees were created.

F. Rescinded §105.6.25 Fire Fighter Air Replenishment System (FARS) construction permit since the Berkeley Fire Code is no longer adopting Appendix L, Requirements for Firefighter Air Replenishment Systems, in the 2025 California Fire Code. Appendix L was not adopted by the Office of the State Fire Marshal.

G. There are no proposed fee changes in Sections 2, 3, 4, 5, or 6.

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Section 1 of the proposed fee schedule is reproduced below for reference:

Code
Section Fee Description
Current
Fee
Proposed
Fee

OPERATIONAL PERMITS
Section
105.5.1
Additive manufacturing. An operational permit
is required to conduct additive manufacturing
operations regulated by Section 4106.3320.3.
$250.00 $250.00
Section
105.5.2
Aerosol products, aerosol cooking spray
products and plastic aerosol 3 products. An
operational permit is required to manufacture,
store or handle an aggregate quantity of Level 2
or Level 3 aerosol products, aerosol cooking
spray products or plastic aerosol 3 products in
excess of 500 pounds (227 kg) net weight.
$500.00 $500.00
Section
105.5.3
Amusement buildings. An operational permit is
required to operate a special amusement
building.
$500.00 $500.00
Section
105.5.4
Aviation facilities. An operational permit is
required to use a Group H or Group S occupancy
for aircraft servicing or repair and aircraft fuel-
servicing vehicles. Additional permits required by
other sections of this code include, but are not
limited to hot work, hazardous materials and
flammable or combustible finishes.
$500.00 $500.00
Section
105.5.5
Carnivals and fairs. An operational permit is
required to conduct a carnival or fair.
$500.00 $500.00
Section
105.5.6
Cellulose nitrate film. An operational permit is
required to store, handle or use cellulose nitrate
film in a Group A occupancy.
$500.00 $500.00
Section
105.5.60
55 Christmas tree sales lot. An operational permit
is required to operate a Christmas tree sales lot.
$500.00 $500.00
Section
105.5.7
Combustible dust-producing operations. An
operational permit is required to operate a grain
elevator, flour starch mill, feed mill, or a plant
pulverizing aluminum, coal, cocoa, magnesium,
spices or sugar, or other operations producing
combustible dusts as defined in Chapter 2.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.5.8
Combustible fibers. An operational permit is
required for the storage and handling of
combustible fibers in quantities greater than 100
cubic feet (2.8m3).

Exception: A permit is not required for
agricultural storage.
$500.00 $500.00
Section
105.5.9
Compressed gases. An operational permit is
required for the storage, use or handling at
normal temperature and pressure (NTP) of
compressed gases in excess of the amounts
listed in Table 105.5.9.

Exception: Vehicles equipped for and using
compressed gas as a fuel for propelling the
vehicle.
$500.00
minimum
$500.00
minimum
Section
105.5.10
Covered and open mall buildings. An
operational permit is required for:

1. The placement of retail fixtures and displays,
concession equipment, displays of highly
combustible goods and similar items in the
mall.

2. The display of liquid- or gas-fired equipment in
the mall.

3. The use of open-flame or flame-producing
equipment in the mall.
$500.00
minimum
$500.00
minimum
Section
105.5.11
Cryogenic fluids. An operational permit is
required to produce, store, transport on site, use,
handle or dispense cryogenic fluids in excess of
the amounts listed in Table 105.5.11
Exception: Permits are not required for
vehicles equipped for and using cryogenic
fluids as a fuel for propelling the vehicle or for
refrigerating the lading.
$500.00
minimum
$500.00
minimum
Section
105.5.12
Cutting and welding. An operational permit is
required to conduct cutting or welding operations
within the jurisdiction.
$250.00 $250.00
Section
105.5.13
Dry cleaning. An operational permit is required
to engage in the business of dry cleaning or to
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
change to a more hazardous cleaning solvent
used in existing dry cleaning equipment.

Section
105.5.14
Energy storage systems. An operational permit
is required for stationary and mobile energy
storage systems regulated by Section 1207.

Operational permits shall not be required for ESS
located at detached one- and two-family
dwellings and townhouses, other than Group R-

4. $500.00
minimum
$500.00
minimum
Section
105.5.61
56 Escort convoy service. Police and/or Fire
Department convoy service for vehicle
transportation of extremely hazardous materials.
$500.00
minimum
$500.00
minimum
Section
105.5.15
Exhibits and trade shows. An operational
permit is required to operate exhibits and trade
shows.
$500.00 $500.00
Section
105.5.16
Explosives. An operational permit is required
for the manufacture, storage, handling, sale or
use of any quantity of explosives, explosive
materials, fireworks or pyrotechnic special effects
within the scope of Chapter 56. See Health and
Safety Code Division 11, Part 1, Sections 12000,
et seq. for additional requirements.

An annual operational permit is required to
maintain a FARS system in accordance with
Appendix L.
$250.00 $250.00
Section
105.5.17
Fire hydrants and valves. An operational
permit is required to use or operate fire hydrants
$250.00 $250.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
or valves intended for fire suppression purposes
that are installed on water systems and provided
with ready access from a fire apparatus access
road that is open to or generally used by the
public.

Exception: A permit is not required for
authorized employees of the water company
that supplies the system or the fire department
to use or operate fire hydrants or valves.

Section
105.5.18
Flammable and combustible liquids. An
operational permit is required:

1. To use or operate a pipeline for the
transportation within facilities of flammable or
combustible liquids. This requirement shall
not apply to the off-site transportation in
pipelines regulated by the Department of
Transportation (DOTn) nor does it apply to
piping systems................................................. $500.00
minimum
$500.00
minimum

2. To store, handle or use Class I liquids in
excess of 5 gallons (19 L) in a building or in
excess of 10 gallons (37.9 L) outside of a
building, except that a permit is not required
for the following: ..............................................

2.1 The storage or use of Class I liquids in the
fuel tank of a motor vehicle, aircraft,
motorboat, mobile power plant or mobile
heating plant, unless such storage, in the
opinion of the fire code official, would
cause an unsafe condition.

2.2 The storage or use of paints, oils,
varnishes or similar flammable mixtures
where such liquids are stored for
maintenance, painting or similar purposes
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA
liquids in excess of 25 gallons (95 L) in a
building or in excess of 60 gallons (227 L)
outside a building, except for fuel oil used in
connection with oil-burning equipment. ............
$500.00 $500.00

4. To store, handle or use Class IIIB liquids in
excess of 110 gallons in containers, or in
tanks or portable tanks for fueling motor
vehicles at motor fuel-dispensing facilities or
where connected to fuel-burning equipment.

Exception: Fuel oil and used motor oil used
for space heating or water heating.
$250.00 $250.00

5. To remove Class I or Class II liquids from an
underground storage tank used for fueling
motor vehicles by any means other than the
approved, stationary on-site pumps normally
used for dispensing purposes. ........................
$250.00 $250.00

6. To operate tank vehicles, equipment, tanks,
plants, terminals, wells, fuel-dispensing
stations, refineries, distilleries and similar
facilities where flammable and combustible
liquids are produced, processed, transported,
stored, dispensed or used............................... $250.00 $250.00

7. To place temporarily out of service (for more
than 90 days) an underground, protected
above-ground or above-ground flammable or
combustible liquid tank. .................................... $250.00 $250.00

8. To change the type of contents stored in a
flammable or combustible liquid tank to a
material that poses a greater hazard than that
for which the tank was designed and
constructed....................................................... $250.00 $250.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee

9. To manufacture, process, blend or refine
flammable or combustible liquids. .................... $500.00 $500.00

10. To engage in the dispensing of liquid fuels
into the fuel tanks of motor vehicles at
commercial, industrial, governmental or
manufacturing establishments in accordance
with Section 5706.5.4 or to engage in on-
demand mobile fueling operations in
accordance with Section 5707.. ......................
$500.00 $500.00

11. To utilize a site for the dispensing of liquid
fuels from tank vehicles into the fuel tanks of
motor vehicles, marine craft and other special
equipment at commercial, industrial,
governmental or manufacturing
establishments in accordance with Section
5706.5.4 or, where required by the fire code
official, to utilize a site for on-demand mobile
fueling operations in accordance with Section
5707. ............................................................... $500.00 $500.00
Section
105.5.19
Floor finishing. An operational permit is
required for floor finishing or surfacing operations
exceeding 350 square feet (33 m2) using Class I
or Class II liquids.
$500.00 $500.00
Section
105.5.20
Fruit and crop ripening. An operational permit
is required to operate a fruit- or crop-ripening
facility or conduct a fruit-ripening process using
ethylene gas.
$500.00 $500.00
Section
105.5.21
Fumigation and insecticidal fogging. An
operational permit is required to operate a
business of fumigation or insecticidal fogging,
and to maintain a room, vault or chamber in
which a toxic or flammable fumigant is used.

No permit
required
No permit
required
Section
105.5.63
58 General use permit. For any activity or
operation not specifically described in this code,
which the fire code official reasonably
determines, may produce conditions hazardous
to life or property.
$500.00
minimum
$500.00
minimum

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.5.22
Hazardous materials. An operational permit is
required to store, transport on site, dispense, use
or handle hazardous materials in excess of the
amounts listed in Table 105.5.22.
$500.00
minimum
$500.00
minimum
Section
105.5.23
HPM Facilities. An operational permit is required
to store, handle or use hazardous production
materials.
$500.00 $500.00
Section
105.5.24
High-piled storage. An operational permit is
required to use a building or portion thereof with
more than 500 square feet (46 m2), including
aisles, of high-piled combustible storage.
$500.00
minimum
$500.00
minimum
Section
105.5.25
Hot work operations. An operational permit is
required for hot work including, but not limited to:.
$500.00
(unless
otherwise
noted)
$500.00
(unless
otherwise
noted)

1. Public exhibitions and demonstrations where
hot work is conducted.

2. Use of portable hot work equipment inside a
structure.

Exception: Work that is conducted under a
construction permit.

3. Fixed-site hot work equipment such as
welding booths.

4. Hot work conducted within a wildfire risk area.

5. Application of roof coverings with the use of
an open-flame device. $125.00 $125.00

6. When approved, the fire code official shall
issue a permit to carry out a hot work
program. This program allows approved
personnel to regulate their facility’s hot work
operations. The approved personnel shall be
trained in the fire safety aspects denoted in
this chapter and shall be responsible for
issuing permits requiring compliance with the
requirements found in Chapter 35. These
permits shall be issued only to their

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Code
Section Fee Description
Current
Fee
Proposed
Fee
employees or hot work operations under their
supervision.

Section
105.5.26
Indoor plant cultivation. An operational permit
is required for plant cultivation where a carbon
dioxide (CO2) enriched environment is created.
--- $125.00
minimum
Section
105.5.27
26 Industrial ovens. An operational permit is
required for operation of industrial ovens
regulated by Chapter 30.
$500.00 $500.00
Section
105.5.28
Liquid- or gas-fueled vehicles or equipment
in assembly buildings. An operational permit is
required to display, operate or demonstrate
liquid- or gas-fueled vehicles or equipment in
assembly buildings.
$500.00 $500.00
Section
105.5.29
53 Lithium batteries. An operational permit is
required for an accumulation of more than 15
cubic feet (0.42 m) of lithium-ion and lithium
metal batteries, where required by Section
320.2322.1.
$500.00 $500.00
Section
105.5.30
29 LP-gas. An operational permit is required for:

1. Storage and use of LP-gas.

Exception: A permit is not required for
individual containers with a 500-gallon
(1893 L) water capacity or less or multiple
container systems having an aggregate
quantity not exceeding 500 gallons (1893
L), serving occupancies in Group R-3.

2. Operation of cargo tankers that transport
LP-gas.
$500.00
minimum
$500.00
minimum
Section
105.5.31
27 Lumber yards and woodworking plants. An
operational permit is required for the storage or
processing of lumber exceeding 100,000 board
feet (8,333 ft3) (236 m3).
$500.00 $500.00
Section
105.5.32
30 Magnesium. An operational permit is required
to melt, cast, heat treat or grind more than 10
pounds (4.54 kg) of magnesium.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.5.33
31 Miscellaneous combustible storage. An
operational permit is required to store in any
building or on any premises in excess of 2,500
cubic feet (71 m3) gross volume of combustible
empty packing cases, boxes, barrels or similar
containers, combustible pallets, rubber tires,
rubber, cork, or similar combustible material.
$500.00 $500.00
Section
105.5.58
32 Mobile fueling of hydrogen-fueled vehicles.

An operational permit is required:

1. To engage in the mobile dispensing of
gaseous hydrogen as a fuel into the fuel
tanks of motor vehicles.

2. Where required by the fire code official, to
utilize a site for the dispensing of gaseous
hydrogen as a fuel from tank vehicles into
the fuel tanks of motor vehicles.

Exception: In cases of an emergency, a site
permit is not required.
$500.00
minimum
$500.00
minimum
Section
105.5.34
Mobile food preparation vehicles. An
operational permit is required for mobile food
preparation vehicles equipped with appliances
that produce smoke or grease-laden vapors.
--- $125.00
minimum
Section
105.5.35
33 Motor fuel-dispensing facilities. An operational
permit is required for the operation of automotive,
marine, and fleet motor fuel-dispensing facilities,
or for mobile fueling operations using flammable
liquids and which are conducted at facilities or
locations which are not permanent, permitted
motor fuel dispensing facilities.

Exception: Transfer of not more than 5 gallons
flammable or combustible liquids using a listed or
approved portable fuel container of 5 gallons or
less capacity.
$500.00
minimum
$500.00
minimum
Section
105.5.36
34 Open burning. An operational permit is required
for the kindling or maintaining of an open fire or a
fire on any public street, alley, road, or other
$250.00 $250.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
public or private ground. Instructions and
stipulations of the permit shall be complied with.

Exception: Recreational fires.

Section
105.5.37
35 Open flames and torches. An operational
permit is required to remove paint with a torch; or
to use a torch or open-flame device in a wildfire
risk area.
$250.00 $250.00
Section
105.5.38
36 Open flames and candles. An operational
permit is required to use open flames or candles
in connection with assembly areas, dining areas
of restaurants or drinking establishments.
$250.00 $250.00
Section
105.5.39
37 Organic coatings. An operational permit is
required for any organic-coating manufacturing
operation producing more than 1 gallon (4 L) of
an organic coating in one day.
$500.00 $500.00
Section
105.5.40
38 Outdoor assembly event. An operational permit
is required to conduct an outdoor assembly event
where planned attendance exceeds 1,000
persons.
$500.00
minimum
$500.00
minimum
Section
105.5.64
59 Parking facility, special events. An operational
permit is required to use buildings or structures
for vehicle parking, including parking for special
events (i.e. football games, etc.)
A. Less than 15 parking spaces .....................
$250.00 $250.00
B. 15 or more parking spaces ....................... $500.00 $500.00 Section
105.5.41
39 Places of assembly. An operational permit is
required to operate a place of assembly.

A. Occupant load less than 300 ...................... $500.00 $500.00 B. Occupant load 300 or more ........................ $750.00 $750.00 Section
105.5.42
40 Plant extraction systems. An operational permit
is required to use plant extraction systems.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.5.43
41 Private fire hydrants. An operational permit is
required for the removal from service, use or
operation of private fire hydrants.

Exception: A permit is not required for private
industry with trained maintenance personnel,
private fire brigade or fire departments to
maintain, test and use private hydrants.
$250.00 $250.00
Section
105.5.44
42 Pyrotechnic special effects material. An
operational permit is required for use and
handling of pyrotechnic special effects material.

See Health and Safety Code Division 11, Part 2,
Sections 12500, et seq. for additional
requirements.
$500.00 $500.00
Section
105.5.45
43 Pyroxylin plastics. An operational permit is
required for storage or handling of more than 25
pounds (11 kg) of cellulose nitrate (pyroxylin)
plastics, and for the assembly or manufacture of
articles involving pyroxylin plastics.
$500.00 $500.00
Section
105.5.46
44 Refrigeration equipment. An operational
permit is required to operate a mechanical
refrigeration unit or system regulated by Chapter

6. $500.00
minimum
$500.00
minimum
Section
105.5.47
45 Repair garages and motor fuel-dispensing
facilities. An operational permit is required for
operation of repair garages.
$500.00
minimum
$500.00
minimum
Section
105.5.48
46 Rooftop heliports. An operational permit is
required for the operation of a rooftop heliport.
$500.00 $500.00
Section
105.5.49
47 Spraying or dipping. An operational permit is
required to conduct a spraying or dipping
operation utilizing flammable or combustible
liquids, or the application of combustible powders
regulated by Chapter 24.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.5.50
48 Storage of scrap tires and tire byproducts.

An operational permit is required to establish,
conduct or maintain storage of scrap tires and
tire byproducts that exceeds 2,500 cubic feet (71
m3) of total volume of scrap tires, and for indoor
storage of tires and tire byproducts.
$500.00 $500.00
Section
105.5.65
60 Tank vehicles. An operational permit is required
to operate a tank vehicle (other than flammable
and combustible liquids tank vehicles as listed
and regulated in 105.5.18, item 6) including
those hazardous materials transportation
vehicles defined in Section 5001.7 of the
Berkeley Fire Code for the transportation of
hazardous liquids or materials.
$500.00
annually
$500.00
annually
Section
105.5.51
49 Temporary membrane structures and tents.

An operational permit is required to operate an
air-supported temporary membrane structure, a
temporary special event structure or a tent
having an area in excess of 400 square feet (37
m2)
Exceptions:

1. Tents used exclusively for recreational
camping purposes.

2. Tents, curtains and extensions attached
thereto, when used for funeral services.

2. 3. Tents open on all sides, which comply with
all of the following:

2.13.1 Individual tents having a maximum
size of 700 square feet (65 m2).

2.23.2 The aggregate area of multiple tents
placed side by side without a fire break
clearance of not less than 12 feet (3658
mm) shall not exceed 700 square feet (65
m2) total.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee

2.33.3 A minimum clearance of 12 feet (3658
mm) to structures and other tents shall be
provided.

Section
105.5.52
50 Tire-rebuilding plants. An operational permit is
required for the operation and maintenance of a
tire-rebuilding plant.
$500.00 $500.00
Section
105.5.53
51 Waste handling. An operational permit is
required for the operation of wrecking yards, junk
yards and waste material-handling facilities.
$500.00 $500.00
Section
105.5.54
52 Wood products. An operational permit is
required to store chips, hogged material, lumber
or plywood in excess of 200 cubic feet (6 m3).
$500.00 $500.00
Section
105.5.55
Temporary heating or cooking in tents or
membrane structures. An operational permit is
required to operate temporary heating or cooking
equipment within tents or membrane structures.
--- $125.00
minimum
Section
105.5.56
Temporary heating or cooking in wildfire risk
areas. Where required by local regulations, an
operational permit is required to operate
temporary heating or cooking equipment in
wildfire risk areas.
--- $125.00
minimum
Section
105.5.57
Temporary heating for construction sites. An
operational permit is required to operate
temporary heating equipment in structures during
the course of construction, alteration or
demolition.
--- $125.00
minimum
Section
105.5.59
54 Additional permits. In addition to the permits
required by Section 105.6, the following permits
shall be obtained from the Bureau of Fire
Prevention Division prior to engaging in the
following activities, operations, practices or
functions:

1. Production facilities. To change use or
occupancy, or allow the attendance of a live
audience, or for wrap parties.
$500.00 $500.00

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Code
Section Fee Description
Current
Fee
Proposed
Fee

2. Pyrotechnics and special effects. To use
pyrotechnic special effects, open flame, use
of flammable or combustible liquids and
gases, welding, and the parking of motor
vehicles in any building or location used for
the purpose of motion picture, television and
commercial production.

3. Live audiences. To install seating
arrangements for live audiences in approved
production facilities, production studios and
sound stages. See Chapter 48.

CONSTRUCTION PERMITS CONSTRUCTION PERMITS
Section
105.6.1
Automatic fire-extinguishing systems. A
construction permit is required for installation of
or modification to an automatic fire-extinguishing
system, other than an automatic sprinkler
system. Maintenance performed in accordance
with this code is not considered to be a
modification and does not require a permit.

A. Range Hood System................................... $500.00* $500.00*
B. Chemical Suppression System................... $500.00* $500.00* C. Automatic Sprinkler ................................... $500.00* $500.00* D. Automatic Sprinkler (small alteration or
repairs to an existing system with 20
heads or less) ............................................ $250.00* $250.00* E. Underground………..………………… ......... $500.00* $500.00*
C. All Others..................……........................... $500.00* $500.00* Field Inspection .........................................……… $125.00 / qtr hour*
*minimum
$125.00 /
qtr hour*
*minimum
Section
105.6.2
Automatic sprinkler systems. A construction
permit is required for installation of or
modification to an automatic sprinkler system.

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Maintenance performed in accordance with this
code is not considered to be a modification and
does not require a permit.

A. Automatic Sprinkler
B. Automatic Sprinkler (small alteration or
repairs to an existing system with 20
heads or less)
C. Underground
D. All others
Field Inspection
---
---
---
---
---
$500.00*
$250.00*
$500.00*
$500.00*
$125.00 /
qtr hour*
*minimum
Section
105.6.32
Compressed gases. Where the compressed
gases in use or storage exceed the amounts
listed in Table 105.5.9, a construction permit is
required to install, repair damage to, abandon,
remove, place temporarily out of service, or close
or substantially modify a compressed gas
system.

Exceptions:

1. Routine maintenance.

2. For emergency repair work performed on an
emergency basis, application for permit shall
be made within two working days of
commencement of work.
$500.00 $500.00
Section
105.6.43
Cryogenic fluids. A construction permit is
required for installation of or alteration to outdoor
stationary cryogenic fluid storage systems where
the system capacity exceeds the amounts listed
in Table 105.5.11. Maintenance performed in
accordance with this code is not considered to be
an alteration and does not require a construction
permit.
$500.00
minimum
$500.00
minimum
Section
105.6.54
Emergency responder communication
coverage system. A construction permit is
required for installation of or modification to in-
$500.00
minimum
$500.00
minimum

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Attachment 4
Summary of Proposed Fee Amendments

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Code
Section Fee Description
Current
Fee
Proposed
Fee
building, two-way emergency responder
communication coverage systems and related
equipment. Maintenance performed in
accordance with this code is not considered to be
a modification and does not require a
construction permit.

Section
105.6.65
Energy storage systems. A construction permit
is required to install energy storage systems
regulated by Section 1207.
$500.00
minimum
$500.00
minimum
Section
105.6.76
Fire alarm and detection systems and related
equipment. A construction permit is required for
installation of or modification to fire alarm and
detection systems and related equipment.

Maintenance performed in accordance with this
code is not considered to be a modification and
does not require a construction permit.

A. Under 12
devices...............................................…........ $500.00* $500.00*
B. 12-30 devices
...............................………………… .............
$750.00* $750.00*
C. 31-49
devices……………………………………… .... $1250.00* $1250.00*
D. 50 or more
devices………………………………… ..........
$1500.00* $1500.00*
E. Water flow alarms
………………………………… ...................... $250.00 $250.00
F. Field Inspection
……………………………………… ...............
$125.00
/qtr hr.*
*minimum
$125.00
/qtr hr.*
*minimum
Section
105.6.25
Fire fighter air replenishment system (FARS).

A construction permit is required for installation
of or modification to a FARS system in
accordance with Appendix L.
$500.00
minimum
---

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Attachment 4
Summary of Proposed Fee Amendments

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Code
Section Fee Description
Current
Fee
Proposed
Fee
Section
105.6.87
Fire pumps and related equipment. A
construction permit is required for installation of
or modification to fire pumps and related fuel
tanks, jockey pumps, controllers and generators.

Maintenance performed in accordance with this
code is not considered to be a modification and
does not require a construction permit.
$500.00 $500.00
Section
105.6.98
Flammable and combustible liquids. A
construction permit is required:

1. To install, repair or modify a pipeline for the
transportation of flammable or combustible
liquids.
$500.00
minimum
$500.00
minimum

2. To install, construct or alter tank vehicles,
equipment, tanks, plants, terminals, wells,
fuel-dispensing stations, refineries, distilleries
and similar facilities where flammable and
combustible liquids are produced, processed,
transported, stored, dispensed or used.
$250.00 $250.00

3. To install, alter, remove, abandon or
otherwise dispose of a flammable or
combustible liquid tank.
$250.00
minimum
$250.00
minimum
Section
105.6.10
9 Fuel cell power systems. A construction permit
is required to install stationary fuel cell power
systems.
$500.00
minimum
$500.00
minimum
Section
105.6.11
10 Gas detection systems. A construction permit is
required for the installation of or modification to
gas detection systems. Maintenance performed
in accordance with this code is not considered a
modification and shall not require a permit.
$500.00
minimum
$500.00
minimum
Section
105.6.12
11 Gates and barricades across fire apparatus
access roads. A construction permit is required
for the installation of or modification to a gate or
barricade across a fire apparatus access road.
$500.00 $500.00
Section
105.6.13
12 Hazardous materials. A construction permit is
required to install, repair damage to, abandon,
remove, place temporarily out of service, or close
$500.00
minimum
$500.00
minimum

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Berkeley City CouncilNovember 10, 2025

Berkeley City Council
November 10, 2025