Berkeley City Council
November 18, 2025

Ch. 13.105 Sanctuary City Contracting | Berkeley Municipal Code violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

B. Cause of Action. If a specific alleged violation is not remedied within 30 90 days of that written notice, a person or entity may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance; provided, however, that if the City receives notice of a potential violation pursuant to section 12.105.050(A) while the City Council is on recess, the 30-day period shall be tolled during the pendency of the recess.

C. Civil Penalties. If the City is found liable in a cause of action brought by an individual under subsection B. above for a violation that is the result of arbitrary or capricious action by the City or an employee or agent thereof in their official capacity, the City shall be liable for a civil penalty no greater than $5,000 per violation, as determined by the court. In determining the amount of civil penalty, the court shall consider prior violations of this ordinance by the City department that committed the violation.

D. Attorney’s Fees and Costs. A court shall award a plaintiff who prevails on a cause of action under subsection B. reasonable attorney’s fees and costs in an amount not to exceed $15,000.

E. Limitations on Actions. Any person bringing an action pursuant to this ordinance must first file a claim with the City pursuant to Government Code section 905 or any successor statute within four years of the alleged violation.

F. Any contracting Person or Entity knowingly or willingly supplying false information in violation of Section

13.105.030C.2., shall be guilty of a misdemeanor and up to a $1,000 fine. (Ord. 7650-NS § 1 (part), 2019)

13.105.060 Severability.

The provisions in this Ordinance are severable. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue to have force and effect. (Ord. 7650-NS § 1 (part), 2019)

13.105.070 Construction.

The provisions of this Ordinance are to be construed broadly to effectuate the purposes of this Ordinance. (Ord. 7650- NS § 1 (part), 2019)

13.105.080 Chapter Supersedes Existing Law and Regulations.

Ch. 13.105 Sanctuary City Contracting | Berkeley Municipal Code The provisions of this chapter shall supersede any conflicting law or regulations. (Ord. 7650-NS § 1 (part), 2019)

13.105.090 Effective Date.

This Ordinance shall take effect on July 1, 2019. (Ord. 7650-NS § 1 (part), 2019)

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

PUBLIC HEARING
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Department of Planning and Development Subject: Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,988-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes in BMC Chapters

19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions where the modifications or changes are substantially equivalent to changes or modifications that were previously filed by the City and were in effect as of September 30, 2025.

SUMMARY
The purpose of this report is to provide background on the 2025 California Building Standards Code, identify key changes from the 2022 midcycle adoption to 2025 Code editions, and summarize the proposed local amendments which include:
 Amendment to the 2025 California Building Code Part 1, to clarify and provide consistency between the codes for fire resistive requirements supporting fire- rated construction.
 Adoption of the 2025 California Building Code Part 2 Appendix H Signs, to provide specific code provisions for the installation of signs.  Amendment to the 2025 California Electrical Code Part 3, clarifying the separation requirement for conductors of different services, to provide additional safety to service personnel when working on electrical equipment.  Retain previously adopted local amendments to the 2022 California Building Code Part 2 with Mid-Cycle Supplement, to retain Berkeley’s more stringent requirements for repairs to existing buildings, technical amendments to structural standards, Exterior Elevated Elements (E3) technical amendments, and Emergency Housing, and readopting Appendices I – Patio Covers, J - Grading and Q – Emergency Housing.

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Adoption of Berkeley Building Codes PUBLIC HEARING
NOVEMBER 18, 2025

 Retain previously adopted local amendments to the 2022 California Residential Code Part 2.5 with Mid-Cycle Supplement, to retain Berkeley’s more stringent requirements for technical structural standards, Climatic and Geographic Design Criteria, and readopting Appendices BB - Tiny Houses, BF - Patio Covers, Appendix BI - Light Straw-Clay Construction, Appendix BJ - Strawbale Construction, Appendix BK - Cob Construction (Monolithic Adobe), and Appendix CI Swimming Pool Safety Act.
 Retain previously adopted local amendments to the 2022 California Plumbing Code Part 5 with Mid-Cycle Supplement, to require installation of motion activated gas shut-off valves in construction of new buildings, and alterations or additions to existing buildings containing fuel gas piping for which a mechanical or plumbing permit is issued.
 Retain previously adopted local amendments to the 2022 California Green Buildings Standards Code (CALGreen) Part 11 with Mid-Cycle Supplement, to retain Berkeley’s more stringent electric vehicle charging requirements in all building types, reduction in cement use, and construction waste management.

The 2022 California Building Standards Code with Mid-Cycle Supplement, with local amendments, is currently adopted in the Berkeley Municipal Code, Title 19 under Ordinance 7,906-N.S., as the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Existing and Green Codes (Berkeley Building Codes).

FISCAL IMPACTS OF RECOMMENDATION
Adoption of the 2025 California Buildings Standards Code, with the proposed local amendments, will have the typical fiscal impacts for staff training, purchase of new code books and reference material, updates to public facing forms and documents, and other administrative tasks.

CURRENT SITUATION AND ITS EFFECTS
As part of a regular three-year cycle, the State Building Standards Commission has published the 2025 California Building Standards Code that must go into effect no later than January 1, 2026. The California Building Standards Code (California Code of Regulations, Title 24) includes the Building Code (Part 2), Residential Code (Part 2.5), Electrical Code (Part 3), Mechanical Code (Part 4), Plumbing Code (Part 5), Energy Code (Part 6), Historical Code (Part 8), Existing Building Code (Part 10), and Green Building Standards Code (Part 11). The Codes provide for minimum uniform standards for health and safety related to the built environment and for their enforcement through a system of permits, plan review, and inspections.

The ordinance proposed for Council adoption, supported by the resolution of findings, provides for the adoption of the referenced California Codes along with certain local

Adoption of Berkeley Building Codes PUBLIC HEARING
NOVEMBER 18, 2025

amendments, effective January 1, 2026. If this ordinance does not become effective by January 1, 2026, the 2025 California Building Standards Code will automatically become effective on that date, and the City will not be able to maintain or implement the local amendments tailored to Berkeley. The last day to file for a building permit to be reviewed under the current 2022 Codes will be Wednesday, December 31, 2025.

The City’s building-related codes include local amendments reflecting operations and local climatic, geological, and topographical conditions that need to be included as part of the adoption of the new code. Under state law, local jurisdictions may adopt other administrative provisions appropriate to the locality and may adopt stricter code provisions for non-residential construction if justified by findings of local climatic, geological, or topographical conditions. With the passage of AB-130, local jurisdictions may only adopt modifications affecting residential construction if they are substantially similar to previously adopted modifications that were in effect prior to September 30, 2025, with limited exceptions.

Staff are currently working to develop new local reach codes that would establish stricter requirements related to energy efficiency, in order to increase the resilience of new buildings and improve local public health outcomes. Those reach codes are not included in the attached ordinance; staff anticipate advancing those codes for City Council review in early 2026.

This ordinance, with the local amendments, supports the City’s Strategic Plan goals to create a resilient, safe, connected, and prepared city, and to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. The proposed actions also support emergency housing provisions to assist in the declared homeless shelter crisis.

BACKGROUND
The Council last adopted new California Building Standards Code with local amendments on May 7, 2024, taking effect on July 1, 2024. As with the last code adoption, staff is conducting community outreach to inform future applicants and other community members that all permit applications submitted on or before December 31, 2025, will be reviewed under the currently adopted 2022 building codes. Outreach includes notifications on the City website, announcements on the Permit Service Center website, notification flyers at the Permit Service Center and around 1947 Center Street, and email notifications to local building professionals.

When the Department reopens on January 2, 2026, after the New Year’s Day holiday, new permit applications will be reviewed for conformance to the 2025 California Building Standards Code with adopted local amendments.

Berkeley Building Code (Chapter 19.28)
The 2025 Berkeley Building Code adopted in BMC Chapter 19.28 includes numerous

Adoption of Berkeley Building Codes PUBLIC HEARING
NOVEMBER 18, 2025

model code changes published by the State of California, including reformatting, relocating Wildland Urban Interface (WUI) standards to a separate WUI Code, and changes that impact occupiable roofs, use and occupancies, fire protection features, means of egress, structural modifications, and special inspections, among others.

These changes are designed to enhance protection of public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures.

Previous amendments are retained to the Berkeley Building Code, with administrative provisions to assist in facilitating the City of Berkeley’s Amnesty Program for existing undocumented dwelling units. In addition, Section 113 Board of Appeals in Chapter 1, Scope and Administration, has been renamed Means of Appeal and amended to comply with the California Building Code. The Appeals Board has been changed from the Housing Advisory Commission (HAC) to the City Council. This change is being made due to recent court decisions requiring appeals of Building Code determinations to be heard by the City Council, and also because the HAC members do not necessarily have the technical expertise required by the Building Code.

A new local amendment is being introduced to remove an exception which has created inconsistencies between the California Building Code and the California Residential Code, regarding fire-resistance requirements for structural elements supporting fire- resistive construction. Retention of the exception could allow some buildings to be constructed with a reduced level of fire protection, compromising occupant safety.

Berkeley Residential Code (Chapter 19.29)
The 2025 Berkeley Residential Code adopted in BMC Chapter 19.29 includes numerous model code changes further refining prescriptive provisions for the construction of dwellings and including reformatting, relocating WUI standards to a separate WUI Code, increased seismic restraint requirements for appliances, increasing fire protection features, additional insulation standards, increased smoke alarm requirements, among others. These changes are designed to enhance protection of public health, safety and general welfare as they relate to the construction and use of residential buildings and structures.

Berkeley Electrical Code (Chapter 19.30)
The 2025 Berkeley Electrical Code adopted in BMC Chapter 19.30 is proposed to incorporate a new local amendment clarifying the separation requirement for conductors of different systems, services, or meters. This amendment aims to enhance the safety of occupants, service personnel, and first responders during the utilization, servicing, or operation of these systems, especially considering the aging building stock within the City and the presence of older electrical systems lacking the safety features of modern electrical equipment.

Berkeley Mechanical Code (Chapter 19.32)
The 2025 Berkeley Mechanical Code adopted in BMC Chapter 19.32 incorporates the

Adoption of Berkeley Building Codes PUBLIC HEARING
NOVEMBER 18, 2025

prior local Berkeley amendment to require installation of residential kitchen range hoods with a minimum air flow of 100 cfm and maximum sound rating not exceeding 3 sones over residential stoves and cooktops. This local amendment is proposed for readoption.

Berkeley Plumbing Code (Chapter 19.34)
The 2022 California Plumbing Code, adopted in BMC Chapter 19.34, incorporates the prior local amendment in response to a referral from the Disaster and Fire Safety Commission, adopted by the City Council on June 1, 2021. This amendment requires mandatory installation of motion activated gas shut-off valves whenever a plumbing or mechanical permit is issued for buildings containing fuel gas piping, regardless of permit valuation. This amendment is intended to reduce or prevent serious gas-related fires or explosions in the event of a major seismic event. This local amendment is proposed for readoption.

Berkeley Energy Code (Chapter 19.36)
The 2025 Berkeley Energy Code adopted in BMC Chapter 19.36 introduces the Long- Term System Cost metric, updated weather data for Berkeley’s climate zone, and higher efficiency requirements for building envelopes. Laboratory spaces are now included, prescriptive baselines favor electric heat pumps, and new requirements cover pipe insulation, lighting controls, and fast-service commercial kitchens with 800-amp electrical service, and is proposed for readoption without local amendments.

No new City amendments were incorporated into the 2025 Berkeley Energy Code.

Berkeley Green Code (Chapter 19.37)
The 2025 California Green Building Standards Code (CALGreen), adopted in BMC Chapter 19.37, introduces more stringent measures for both residential and nonresidential development. Key updates strengthen requirements for EV infrastructure, bicycle parking, and building deconstruction and reuse. Local amendments are also proposed for modification to align with changes in the model code while preserving Berkeley’s previously adopted higher standards for EV charging, low-carbon concrete, and construction and demolition waste diversion. No cost-effectiveness study is required for local amendments to CALGreen.

No new city amendments were incorporated into the 2025 Berkeley Green Code. The existing Berkeley amendments continue to support the 2025 CALGreen requirements for EV charger installations, as recommended in the Berkeley Electric Mobility Roadmap. EV charging infrastructure is a critical component to electric vehicle adoption, and it is significantly more expensive to install as a retrofit than during new construction.

Ensuring that newly constructed residential and nonresidential parking has EV charging capability will reduce the long-term costs of EV infrastructure installation, while helping to increase EV adoption, and ultimately help to decrease greenhouse gas emissions associated with transportation.

Adoption of Berkeley Building Codes PUBLIC HEARING
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Berkeley’s Electric Mobility Roadmap emphasizes that being able to charge at home or at work is critical for supporting EV ownership and that, increasingly, daytime charging at work or other nonresidential locations can leverage surplus renewable energy. To get to zero net carbon by 2045, in line with State goals, Berkeley wants at least 610 workplace EV charging stations. Requiring EV charging station installation in new multifamily, nonresidential, and hotel/motel buildings, in concert with EV charging readiness requirements for residential and nonresidential developments, will substantially facilitate electric vehicle adoption in Berkeley.

Previous Local Amendments
Previous local amendments, with some revisions and updates in code language and code sections, are recommended for continuance in the re-enacted Berkeley Building Code (BMC Chapter 19.28). These include:
 Article 1. Scope and Administrative Provisions – local amendments concerning permits, applications, fees, undocumented units, appeals, violations, unsafe buildings, and safety assessment placards.
 Article 3. Wood Burning Appliances – local amendment reducing the health risks caused by wood smoke based upon Berkeley’s climatic conditions.  Article 4. Projection into Public Right of Way – an administrative amendment concerning revocation, removal and indemnification regarding construction in the Right of Way.
 Article 5. Existing Buildings – adopting 2025 California Existing Building Code and certain chapters of the 2024 International Existing Building Code to reduce the risk from earthquakes.
 Article 6. Repairs to Existing Buildings and Structures – establishing updated regulations for the repairs of damaged structures to comply with the Stafford Act, which authorizes the Federal Emergency Management Agency (FEMA) to fund the repair and restoration of eligible facilities damaged in a declared disaster, and requires that the repair and restoration be "on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes, specifications and standards.”  Article 7. Amendments to Structural Standards – addressing Berkeley’s close proximity to major earthquake faults. The Tri-chapter Uniform Code Committee (TUCC), which is part of the International Code Council East Bay Chapter, has recommended several structural amendments to previous code editions which are being retained for the 2025 California Building and Residential Codes.  Article 8. Construction of Exterior Appurtenances – establishing more stringent construction standards for exterior elevated elements and continuing the amendments adopted in July 2015 following the balcony collapse at 2020 Kittredge Street.

Adoption of Berkeley Building Codes PUBLIC HEARING
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 Article 9. Emergency Housing Appendix Q (formally Appendix P) – establishing local amendments reflecting the particular characteristics and needs of Berkeley’s emergency shelter responses.

Previous local amendments that are recommended for continuance in the re-enacted Berkeley Residential Code (BMC Chapter 19.29) include:
 Adoption of the California Residential Code Appendices BI (formally Appendix AR) – light straw-clay construction, BJ (formally Appendix AS) - Strawbale Construction, and Appendix BK - Cob Construction in support of sustainable construction practices which reduce environmental impact and provide increased thermal efficiencies.
 Adoption of the California Residential Code Appendix BB (formally Appendix AQ) for tiny houses used as dwelling units, relaxing various code requirements as they apply to smaller homes in response to the California housing crisis.  Adoption of the California Residential Code Appendix BF - Patio Covers to provide design specifications for patio cover appurtenances.  Adoption of the California Residential Code Appendix CI - Swimming Pool Safety Act to provide design specifications for swimming pool safety.  Section 19.29.060 Technical Amendments to Structural Standards – addressing Berkeley’s close proximity to major earthquake faults.

Previous local amendments that are recommended for continuance in the re-enacted Berkeley Green Code (BMC Chapter 19.37) include:
 Section 19.37.040 Electric vehicle (EV) charging for new construction amendments requiring additional EV infrastructure for new construction projects.  Section 19.37.040 Construction and Demolition debris amendments to require that 100% asphalt, concrete, excavated soil and land-clearing debris be diverted from disposal by recycling, reuse, and salvage, in addition to the general 65% diversion requirement.
 Section 19.37.040 Low-carbon concrete requirement, which requires that cement used in concrete mix design be reduced by not less than 25 percent.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Adoption of the 2025 Berkeley Building Codes with continuing local amendments is important to meeting Berkeley’s Climate Action Plan, Zero Waste, and Fossil Fuel Free Berkeley goals. The Berkeley Green Code, through expanded EV charging and low- carbon concrete requirements, limits the greenhouse gas emissions associated with transportation (currently about 60% of Berkeley’s total emissions) and the use of concrete, a common building product that is responsible for approximately 8% of global carbon emissions. In addition, the increased diversion requirements for construction and

Adoption of Berkeley Building Codes PUBLIC HEARING
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demolition materials keeps waste out of landfills. Continued implementation of the Energy Code and Green Code, including the verification of compliance through the building permit and inspection process, results in new buildings operating on cleaner energy, which supports Berkeley’s Climate Action and Fossil Fuel Free City goals.

Therefore, this action is not subject to the California Environmental Quality (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. Cal. Code Regs., tit. 14, § 15061(b)(3). Further, the action is exempt from CEQA because it is an action taken by a regulatory agency to protect the environment.

Cal. Code Regs., tit. 14, §15308.

RATIONALE FOR RECOMMENDATION
State model codes will go into effect on January 1, 2026 without local amendments, unless the City Council adopts or re-adopts such local amendments as proposed in the Ordinance which accompanies this report. Adoption of local amendments and findings will adapt the state codes to better meet the needs of Berkeley’s particular administrative, topographic, geologic and climatic conditions. The purpose of the non- administrative local amendments is to provide a higher level of safety than is reflected in the 2025 codes adopted by the State. The fire and seismic danger and other local conditions, as described in detail in the attached resolution of local conditions, justify Berkeley code amendments that are stricter than the California Building Standards Code.

According to the California Building Standards Commission, the repeal of prior code is often overlooked by municipalities and is critically important to ensure that obsolete provisions are expressly repealed.

ALTERNATIVE ACTIONS CONSIDERED
The City Council could choose to adopt the California Buildings Standards Code with fewer, or no, local amendments; or to take no action and allow the state mandated codes to take effect without local amendments specifically designed for Berkeley.

CONTACT PERSONS
David Lopez, Chief Building Official, Planning and Development Department, 510-981- 7441
Jeff Jensen, Assistant Building Official, Planning and Development Department, 510- 981-7427
Kurt Hurley, Green Building Program Manager, Planning and Development Department, 510-981-7501
Attachments:
1: Code Adoption Ordinance
2: Public Hearing Notice

ORDINANCE NO. 7,988-N.S.

REPEALING AND REENACTING BERKELEY MUNICIPAL CODE CHAPTERS 19.28 (BERKELEY BUILDING CODE), 19.29 (BERKELEY RESIDENTIAL CODE), 19.30 (BERKELEY ELECTRICAL CODE), 19.32 (BERKELEY MECHANICAL CODE), 19.34 (BERKELEY PLUMBING CODE), 19.36 (BERKELEY ENERGY CODE), AND 19.37 (BERKELEY GREEN CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.28 is hereby repealed and reenacted to read as follows:

Chapter 19.28

BERKELEY BUILDING CODE
Sections:

19.28.010 Adoption of the California Building Code
Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Article 2. Fire and Smoke Protection Feature Provisions

19.28.030 Technical Amendments to Fire and Smoke Protection Features Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances
Article 4. Projection into Public Right of Way

19.28.050 Encroachment into the Public Right of Way - Revocation and Removal Indemnification and Hold Harmless
Article 5. Existing Buildings

19.28.060 Adoption of 2025 California Existing Building Code and certain Chapters of the 2024 International Existing Building Code by Reference
Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures Article 7. Amendments to Structural Standards

19.28.080 Technical Amendments to Structural Standards
Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting

Ordinance No. 7,988-N.S. Page 2 of 53
Elements and Appurtenances
Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities

19.28.010 Adoption of the California Building Code.

A. The California Building Code, 2025 edition, as adopted in Title 24 Part 2 of the California Code of Regulations, including Appendices H, I, J and Q, is 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 Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. The California Historical Building Code, 2025 edition, as adopted in Title 24 Part 8 of the California Code of Regulations, is 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 Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

C. The California Existing Building Code, 2025 edition, as adopted in Title 24 Part 10 of the California Code of Regulations, including Appendix A, is 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 Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

D. This Chapter shall be known as the "Berkeley Building Code" and shall be referred to in this Chapter as "this Code."
E. This Chapter will become effective on January 1, 2026, and shall not apply to any building permit submitted by December 31, 2025.

Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 – GENERAL
101.1 Title. These regulations shall be known as the Berkeley Building Code, hereinafter referred to as “this Code”.
101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.10, and referenced elsewhere in this Code, shall be considered part of the requirements of this Code to the extent prescribed in each such reference.

Ordinance No. 7,988-N.S. Page 3 of 53
101.4.1 Gas. The provisions of the Berkeley Mechanical Code, based on the 2025 California Mechanical Code, and the Berkeley Plumbing Code, based on the 2025 California Plumbing Code, as amended herein, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Berkeley Mechanical Code, based on the 2025 California Mechanical Code, as amended herein, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Berkeley Plumbing Code, based on the 2025 California Plumbing Code, as amended herein, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Berkeley Plumbing Code shall apply to private sewage disposal systems. 101.4.4 Residential property maintenance. The provisions of the Berkeley Housing Code, as adopted in Chapter 19.40, shall apply to existing residential buildings and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building Code shall not be deemed to be in violation of the Housing Code provisions that may conflict. 101.4.5 Fire prevention. The provisions of the Berkeley Fire Code based on the 2025 California Fire Code, as adopted in Chapter 19.48, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Berkeley Energy Code, based on the 2025 California Energy Code, as amended herein, shall apply to all matters governing the design and construction of buildings for energy efficiency.

Ordinance No. 7,988-N.S. Page 4 of 53
101.4.7 Existing buildings. The provisions of the Berkeley Existing Building Code, based on the 2025 California Existing Building Code, as amended herein, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Wildland-Urban Interface. The provisions of the Berkeley Wildland- Urban Interface Code, based on the 2025 California Wildland-Urban Interface Code and adopted in Chapter 19.49, shall apply to building materials, systems and/or assemblies used in the exterior design and construction of new, altered, additions to and demolition of buildings, structures or premises located within a wildland-urban interface (WUI) area.
101.4.9 Electrical. The provisions of the Berkeley Electrical Code, based on the 2025 California Electrical Code, as amended herein, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.10 Green. The provisions of the Berkeley Green Code, based on the 2025 California Green Building Standards Code, as amended herein, shall apply to enhanced design and construction of buildings through the use building concepts having a reduced negative impact or the positive environmental impact and encouraging sustainable construction practices.
101.5 References to prior codes. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former Berkeley Building Code editions, shall be construed to apply to the corresponding provisions contained within the 2025 Berkeley Building Code Ordinance No. X,XXX–N.S. and all ordinances amendatory thereof. Any ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 103 – DIVISION OF BUILDING AND SAFETY
103.1 Creation of enforcement agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The building official shall be appointed by the City Manager. 103.3 Deputies. In accordance with the prescribed procedures of the City of Berkeley, the building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, permit technicians, and other technical officers and employees. Such employees shall have powers as delegated by the building official.

Ordinance No. 7,988-N.S. Page 5 of 53
SECTION 104 – DUTIES AND POWERS OF BUILDING OFFICIAL
104.2.3 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

Exception: Reserved
104.7 Official records. The building official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise required for a longer period by the retention of public record policy of the city.
104.7.1 Approvals. A record of applications received, approved plans, permits and certificates issued shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The building 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.
104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.3; modifications in accordance with Section 104.2.4; and documentation of the final decision of the building official for either shall be in writing and shall be retained in the official records.
104.7.4 Tests. The building official shall keep a record of tests conducted to comply with Sections 104.2.2.4 and 104.2.3.5.
104.7.5 Fees. The building official shall keep a record of invoices issued, fees collected and fees refunded in accordance with Section 109.
104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition with documentation justifying the condition, labeled and graded as required and expressly approved by the building official.

Add a new Subsection 104.10 to read:
104.10 Unpermitted dwelling units. When a building permit record for a residential unit does not exist, the building official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards,

Ordinance No. 7,988-N.S. Page 6 of 53
whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

SECTION 105 – PERMITS
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar non-occupiable uses, provided that the floor area does not exceed than 120 square feet (11.15 m2), there is an existing primary structure on site and no electrical, plumbing and/or mechanical systems are installed. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10.Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11.Swings and other playground equipment accessory to detached one- and two- family dwellings.

12.Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

Ordinance No. 7,988-N.S. Page 7 of 53

13.Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Building and Safety Division for

Ordinance No. 7,988-N.S. Page 8 of 53
that purpose. Such application shall not become valid until accepted by the Division as complete and applicable fees paid. Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building and location of work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work as required in Section 109.3.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed expired 365 days after the date of filing, or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days per extension. The extension shall be requested in writing and justifiable cause demonstrated on a form furnished by the Building and Safety Division for that purpose. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council. An application, once abandoned, shall be deemed expired and a new application will be required to be submitted.

Exception. If an application is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.
105.5.1 Expiration of Permit. 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 official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days per extension calculated from the date of expiration. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)
When a permit is deemed invalid, suspended or abandoned, a new permit is required to complete the work. The new permit application and plans shall be filed describing the remaining work to be completed. Fees shall be assessed based on the valuation of the work remaining to be completed or itemized as allowed by the City of Berkeley fee schedule as adopted. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

Ordinance No. 7,988-N.S. Page 9 of 53
For the purposes of this section “suspended or abandoned” shall mean that a completed and approved city inspection, per California Building Code Section 110.3, has not been performed for the work approved under the issued permit in the time period the permit is active.

The issuance of a building permit shall not exempt the permittee or any other person from compliance with deadlines imposed in any notice and/or order to correct a code violation issued by the City. If a permit is for a project associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section.
105.8 Permit Conditions. The building official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the building official.

SECTION 107—CONSTRUCTION DOCUMENTS
107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 5 years from date of completion of the permitted work, or as required by state or local laws.

SECTION 109 – FEES
109.1 Payment of fees. Except when fees are deferred, a permit application shall not be deemed valid until the fees set forth by resolution of City Council have been paid. Except when fees are deferred, a permit shall not be valid until the fees as set forth by resolution of City Council have been paid, nor shall an amendment to a permit be released until the additional fees, if any, have been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fee as set forth by resolution of the City Council. Fees for permits and inspections and other related services under this Code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit shall be subject to a fee as set forth by resolution of the City Council twice the amount and in addition to the permit fees for the portion of the scope of work performed without the permit.
109.7 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

Ordinance No. 7,988-N.S. Page 10 of 53
previously approved inspection for the same work, or when corrections previously called for are not made.

This section applies for the following conditions:

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 building official, requires a re-inspection fee to be assessed.

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

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.

SECTION 112 – SERVICE UTILITIES
112.1 Authority for Connection of service utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until authorization to connect has been obtained from the building official. 112.4 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has been given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the building official. 112.5 Unsafe utility services. Unsafe utility services are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate actions to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When utility services are maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Ordinance No. 7,988-N.S. Page 11 of 53
112.6 Authority to disconnect utilities in emergencies. The building official or building official’s authorized representative shall have the authority to disconnect electrical power or other energy service supplied to the building, structure, system or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official or building official’s authorized representative shall, whenever possible, notify the serving utility, and the owner of the building, structure or electrical system or equipment and any building occupants of the decision to disconnect prior to taking such action and shall notify them, in writing, of the disconnection as soon as possible thereafter.

112.7 Authority to condemn electrical, plumbing and/or mechanical systems and equipment. Whenever the building official determines that an electrical, plumbing, or mechanical system or equipment regulated by this Code is hazardous to life, health or property, the building official may order in writing that such systems or equipment either be removed or restored to a safe condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be disconnected, a written notice of such disconnection and the reasons therefore shall be given within 24-hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical, plumbing, and/or mechanical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.
112.8 Connection after order to disconnect. Persons shall not make connections to a service utility, a source of energy, fuel, or power, or a water system or sewer system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the disconnected systems or equipment.

SECTION 113 – BOARD OF APPEALS
Section 113 Means of Appeals

Ordinance No. 7,988-N.S. Page 12 of 53
113.1 Appeals Procedure. The City Council shall hear and decide on appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code. A property owner may appeal an order, decision, or determination of the Building 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 Building Official, who shall transmit to the City Council all their records pertaining to the decision being appealed.

Section 113.1.1 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 will be scheduled prior to receipt of payment or approval of the hardship waiver.

Section 113.1.2 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 Building Official determines that such a stay could result in an imminent threat to public safety. 113.2 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 City Council shall not have authority to waive requirements of this code.
113.3 Decisions. The City Council shall review the action of the Building Official and shall do one of the following:
a. Refer the matter back to the Building Official.
b. If the facts stated in or ascertainable from the Notice of Appeal, the written statement of the building 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 Building Official. Such decision shall be final.
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 Building Official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.

Ordinance No. 7,988-N.S. Page 13 of 53
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 Building Official shall be deemed affirmed and the appeal shall be deemed dismissed.
f. 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 Building Official shall be deemed affirmed and the appeal deemed dismissed.
113.4 Administration. The Building Official shall take action without delay in accordance with the decision of the City Council.

SECTION 114 – VIOLATIONS
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be 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, building 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.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe conditions. Structures or existing equipment that are or hereafter become structurally or otherwise unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a structural or fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 116.5.1 Restoration and Abatement process: All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation.
116.6 Safety Assessment Placards.

Ordinance No. 7,988-N.S. Page 14 of 53
116.6.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for occupancy after a natural or human-caused disaster and a rapid evaluation by authorized personnel. The building official or authorized representatives shall post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
116.6.2 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of Berkeley. The City Council may extend the provisions as necessary.
116.6.3 Definitions.
116.6.3.1 Safety Assessment. Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
116.6.3.2 Placards. Following are titles and descriptions of the official jurisdiction placards to be used to designate the condition of a building structure for continued occupancy, partial or conditional occupancy, or unsafe to enter. Copies of placards are on file in the Building and Safety Division of the Planning and Development Department.

INSPECTED – Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent hazard has been found. This placard is not intended to mean there is no damage to the building or structure, but that any damage that occurred does not present a hazard to occupants.

RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy.

The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Building or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official, or the building official’s authorized representative. Safety assessment teams shall be authorized to enter these building at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 116.6.4 Content of placard. The BMC Section number and the words "City of Berkeley" shall be permanently affixed to each placard.
116.6.5 Unlawful to remove. Once a placard has been attached to a building or structure, it is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

Ordinance No. 7,988-N.S. Page 15 of 53
Article 2. Fire and Smoke Protection Features

19.28.030 Fire and Smoke Protection Features.

Chapter 7 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Section 711 – Floor and Roof Assemblies.
711.2.3 Supporting construction. The supporting construction shall be protected to afford the required fire-resistance rating of the horizontal assembly supported.

Exception: In buildings of Type IIB, IIIB or VB construction, the construction supporting the horizontal assembly is not required to be fire-resistance rated at the following:

1. Horizontal assemblies at the separations of incidental uses as specified by Table 509.1 provided that the required fire- resistance rating does not exceed 1 hour.

2. RESERVED Horizontal assemblies at the separations of dwelling units and sleeping units as required by Section 420.3.

3. Horizontal assemblies at smoke barriers constructed in accordance with Section 709.

Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances.

Chapter 31 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Section 3115 - Wood Burning Appliances.
3115.1 Purpose. The purpose of this section is to reduce the health risks caused by wood smoke under the climatic conditions applicable to Berkeley. 3115.2 Definitions. For purposes of this section the following terms shall be defined as set forth below.

1. “EPA” means the United States Environmental Protection Agency.

2. “EPA Certified” means any wood heater that is labeled “EPA Certified” in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations or equivalent, in effect at the time the wood heater is installed.

Ordinance No. 7,988-N.S. Page 16 of 53

3. “Pellet heater” means wood heaters that burn pellet fuel exclusively and are either EPA-certified or exempted under EPA requirements set forth in Part 60 Title 40, Subpart AAA, of the Code of Federal Regulations, February 26, 1988.

4. “Wood-burning” means an appliance that burns wood or any wood-based solid fuel, including but not limited to wood pellets.

5. “Wood burning cooking device” means any wood-burning device that is designed or primarily used for cooking.

6. “Wood-burning fireplace” means any permanently-installed masonry or factory- built wood-burning appliance, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in 40 CFR

60.531 nor designed and used for cooking.
3115.3 Allowable wood-burning fireplace. No wood-burning fireplace or wood heater as defined in 40 CFR 60.531, that is not EPA certified or exempted by under EPA requirements may be installed in any occupancy.

Exception:

1. Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair or reconstruction. For purposes of this exception, the term repair includes resurfacing the combustion chamber, but does not include replacing any other part of the combustion chamber.

2. Wood burning cooking devices are not prohibited by this section. 3115.4 Documentation. Any person planning to install a wood-burning fireplace or heating stove must submit verifiable documentation to the City showing that the appliance conforms to the requirements of this section.

Article 4. Projection into Public Right of Way

19.28.050 Encroachments into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Chapter 32 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

SECTION 3202 – ENCROACHMENTS
3202.5 Projection into the Public Right of Way – Revocation, Removal, Indemnification and Hold Harmless.

Ordinance No. 7,988-N.S. Page 17 of 53
Any permits granted pursuant to this Code which allow any projection upon, over, or under the public right of way may be revoked by the City at any time. Upon such revocation, the permittee or permittee’s successor(s) or assignee(s) shall forthwith remove such projection at permittee’s cost and expense and without any cost or expense whatsoever to the City.

Any person who is granted a permit pursuant to the provisions of this Code which allows a projection upon, over or under the public right of way shall by the issuance of such permit thereby indemnify and hold harmless the City of Berkeley, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such permit, or the existence of such projection.

The obligation of such indemnification and hold harmless provision shall be applicable to the successor(s) and assignee(s) of the permittee.

Article 5. Existing Buildings

19.28.060 Adoption of 2025 California Existing Building Code and certain Chapters of the 2024 International Existing Building Code by reference. 2025 California Existing Building Code (CEBC), including Appendix A, is adopted in its entirety subject to the modifications thereto which are set forth below.

DIVISION II SCOPE AND ADMINISTRATION
All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any CEBC administrative provisions that may conflict.
101.9 Adoption of Certain Chapters of the 2024 International Existing Building Code by reference.

When seismic retrofit is not otherwise required by this Code, the following Chapters of the 2024 International Existing Building Code (IEBC) published by the International Code Council contained in the IEBC Appendix A are hereby adopted by reference as applicable to the types of buildings as designated therein as though fully set forth herein:

Chapter A2, Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures.

Add a new Subsection 405.2.7 to Chapter 4 Section 405 of the California Existing Building Code.

Ordinance No. 7,988-N.S. Page 18 of 53
405.2.7 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code or ASCE 41 Seismic Evaluation and Retrofit of Existing Buildings. The procedures contained in Appendix A Chapters A1, A3 and A4 of the California Existing Building Code and Appendix A Chapter A2 of the International Existing Building Code shall be permitted to be used as specified in Section 405.2.7.2. 405.2.7.1 Compliance with CBC level seismic forces. Where compliance requires the use of full seismic forces, the criteria shall be in accordance with one of the following:

1. One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as “Ordinary,” the values of R, Ωo, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural systems classified as “Ordinary” in accordance with Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural system will provide performance equivalent to that of a “Detailed,” “Intermediate” or “Special” system.

2. ASCE 41, using a Tier 3 procedure and the two-level performance objective in Table 405.2.7.1.

Table 405.2.7.1
PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH

FULL SEISMIC FORCES
RISK CATEGORY (Based
on CBC Table 1604.5)

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-1N

EARTHQUAKE HAZARD
LEVEL

STRUCTURAL

PERFORMANCE LEVEL

FOR USE WITH
BSE-2N EARTHQUAKE

HAZARD LEVEL
I Life Safety (S-3) Collapse Prevention (CP)
II Life Safety (S-3) Collapse Prevention (CP)
III Damage Control (S-2) Limited Safety (S-4)
IV Immediate Occupancy (S-1) Life Safety (S-3)
405.2.7.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced seismic forces, the criteria used shall be in accordance with one of the following:

1. The California Building Code using 75 percent of the prescribed forces. Values of R, Ωo, and Cd used for analysis shall be as specified in Section 405.2.7.1 Item 1.

Ordinance No. 7,988-N.S. Page 19 of 53

2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the California Existing Building Code (CEBC) or Appendix A of the International Existing Building Code (IEBC) as specified in Items 2.1 through 2.4 below shall be deemed to comply with this section.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A1, provided the design is no less stringent than required in Berkeley Municipal Code Section 19.38.130.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Risk Category I or II are permitted to be based on the procedures specified in IEBC Appendix A Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Risk Category I or II are permitted to be based on the procedures specified in CEBC Appendix A Chapter A4.

3. ASCE 41, using the performance objective in Table 405.2.7.2 for the applicable risk category. The design spectral response acceleration parameters S xs and S x1 specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the California Building Code and its reference standards.

Table 405.2.7.2
PERFORMANCE OBJECTIVES FOR USE IN ASCE 41 FOR COMPLIANCE WITH

REDUCED SEISMIC FORCES

RISK CATEGORY
(Based on CBC
Table 1604.5)

STRUCTURAL PERFORMANCE
LEVEL FOR USE WITHBSE-1E

EARTHQUAKE HAZARD LEVEL

STRUCTURAL

PERFORMANCE LEVEL FOR
USE WITH BSE-2E

EARTHQUAKE HAZARD
LEVEL
I Life Safety (S-3). See Note a Collapse Prevention (S-5) II Life Safety (S-3). See Note a Collapse Prevention (S-5) III Damage Control (S-2). See Note a Limited Safety (S-4). See Note b IV Immediate Occupancy (S-1) Life Safety (S-3). See Note c

Ordinance No. 7,988-N.S. Page 20 of 53
a. For Risk Categories I, II, and III, the Tier 1 and Tier 2 procedures need not be considered for the BSE-1E earthquake hazard level.
b. For Risk Category III, the Tier 1 screening checklists shall be based on the Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors that are the average of the values for Collapse Prevention and Life Safety.
c. For Risk Category IV, the Tier 1 screening checklists shall be based on Collapse Prevention, except that checklist statements using the Quick Check provisions shall be based on MS-factors for Life Safety.

Table 405.2.7.3

REFERENCED STANDARDS
Standard Reference
Number Title Referenced in Code
Section Number
ASCE 41-17
Seismic Evaluation and
Retrofit of Existing
Buildings
405.2.7
Table 405.2.7.1
405.2.7.2
Table 405.2.7.2
Article 7. Technical Amendments to Structural Standards

19.28.080 Various Technical Amendments to Structural Standards.

Chapter 17 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
1705.3 Concrete construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.

Exception: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’ c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:

2.1.The footings support walls of light-frame construction.

2.2.The footings are designed in accordance with Table 1809.7.

2.3.The structural design of the footing is based on a specified compressive strength, f′c, not more than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the approved construction documents or used in the footing

Ordinance No. 7,988-N.S. Page 21 of 53
construction.

3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).

4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.

5. Concrete patios, driveways and sidewalks, on grade.

Chapter 19 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.
1905.6 Structural plain concrete. Structural plain concrete elements shall comply with this section in lieu of Section 14.1.4 of ACI 318.
1905.6.2 Seismic Design Categories C, D, E and F. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

1. Reserved Structural plain concrete basement, foundation or other walls below the base as defined in ASCE/SEI 7 are permitted in detached one- and two-family dwellings three stories or less in height constructed with stud-bearing walls. In dwellings assigned to Seismic Design Category D or E, the height of the wall shall not exceed 8 feet (2438 mm), the thickness shall be not less than 7 1/2 inches (190 mm), and the wall shall retain not more than 4 feet (1219 mm) of unbalanced fill. Walls shall have reinforcement in accordance with Section 14.6.1 of ACI 318.

2. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided that the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

3. Plain concrete footings supporting walls are permitted, provided that the footings have not fewer than two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203 mm) in thickness, not fewer than A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exceptions:
a. Where assigned to Seismic Design Category C, detached one- and two- family dwellings three stories or less in height constructed with stud-bearing walls are permitted to have plain concrete footings without longitudinal reinforcement.
b. For foundation systems consisting of a plain concrete footing and a plain concrete stemwall, not fewer than one bar shall be provided at the top of the stemwall and at the bottom of the footing.

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c. Footings cast monolithically with a slab-on-ground shall have not fewer than one No. 4 bar at the top and bottom of the footing or one No. 5 bar or two No. 4 bars in the middle third of the footing depth.

Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting Elements and Appurtenances.

Chapter 12 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
1202.7 Ventilation of weather exposed enclosed assemblies. Balconies, landings, decks, stairs and similar exterior projecting elements and appurtenances exposed to the weather and sealed underneath shall have cross ventilation for each separate enclosed space by ventilation openings protected against the entrance of rain and snow and as set forth in Section 2304.12.2.5. Blocking and bridging shall be arranged so as not to interfere with the movement of air. The net free ventilating area shall not be less than 1/150th of the area of the space ventilated. Ventilation openings shall comply with Section 1202.2.2.

An access panel of sufficient size shall be provided on the underside of the enclosed space to allow for periodic inspection.

Exceptions:

1. An access panel is not required where the exterior coverings applied to the underside of joists are easily removable using only common tools.

2. Removable soffit vents 4 inches minimum in width can be used to satisfy both ventilation and access panel requirements.

Chapter 14 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
1403.15 Projections exposed to weather. Balconies, landings, decks, stairs and similar floor projections exposed to the weather shall be constructed of naturally durable wood, preservative-treated wood, corrosion resistant (e.g., galvanized) steel, or similar approved materials.

Chapter 23 of the 2025 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below:
2304.12.2.3 Supporting members for permanent appurtenances. Naturally durable or preservative-treated wood shall be utilized for those portions of wood members that form the structural supports of buildings, balconies, porches or similar permanent building appurtenances where such members are exposed to the weather without adequate protection from a roof, eave, overhang or other covering to prevent moisture or water accumulation on the surface or at joints between members.

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Exception: Sawn lumber in buildings located in a geographical region where experience has demonstrated that climatic conditions preclude the need to use durable materials where the structure is exposed to the weather. 2304.12.2.4 Supporting members for permeable floors and roofs. Wood structural members that support moisture-permeable floors or roofs that are exposed to the weather, such as concrete or masonry slabs, shall be of naturally durable or preservative-treated wood unless and shall be separated from such floors or roofs by an impervious moisture barrier. The impervious moisture barrier system protecting the structure supporting floors shall provide positive drainage of water that infiltrates the moisture-permeable floor topping.

Table 2308.10.1 WALL BRACING REQUIREMENTS a, f, g
Add new footnotes “f” and “g” to the end of Table 2308.10.1 to read:
f. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D or E. In Seismic Design Categories D, the use of Method PCP is limited to one-story dwellings and accessory structures. g. Methods DWB and PCP are not permitted in Seismic Design Categories E.

Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities.

HCD Appendix Q of the 2025 California Building Code is adopted on an emergency basis and reproduced in its entirety subject to the modifications thereto which are set forth below:

APPENDIX Q

EMERGENCY HOUSING
SECTION Q101 - GENERAL
Q101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section Q102. The provisions and standards set forth in this appendix shall be applicable to emergency housing established pursuant to the declaration of a shelter crisis under Government Code section 8698 et seq. and located in new or existing buildings, structures, or facilities owned, operated, erected, or constructed by, for or on behalf of the City of Berkeley on land owned or leased by the City of Berkeley.

Q101.2 Application. Notwithstanding any provisions of this Code to the contrary, the following requirements shall apply to emergency housing operated during a shelter crisis, as provided for in Government Code Section 8698 et seq. Other than the specific requirements set forth in this appendix, the facilities need not comply with the requirements of this Code for Group R occupancies unless otherwise specified in this Code.

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SECTION Q102 - DEFINITIONS
Q102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions.

DECLARATION OF SHELTER CRISIS. The duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. (See Government Code Section 8698) DEPENDENT UNIT. Emergency housing not equipped with a kitchen area, toilet, and sewage disposal system. Recreational vehicles that are not self-contained and without utility service connections shall be considered dependent units.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix.

EMERGENCY HOUSING FACILITIES. On-site common use facilities supporting emergency housing. Emergency housing facilities include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water. The use of emergency housing facilities is limited exclusively to the occupants of the emergency housing, personnel involved in operating the housing, and other emergency personnel.

EMERGENCY HOUSING SITE. A site containing emergency housing and emergency housing facilities supporting the emergency housing.

EMERGENCY SLEEPING CABIN. Relocatable hard-sided structure constructed in accordance with this appendix, which may be occupied only for emergency housing if allowed by the enforcing agency.

EMERGENCY TRANSPORTABLE HOUSING UNIT. A single- or multiple-section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable housing units include, but are not limited to, manufactured homes, mobilehomes, multifamily manufactured homes, recreational vehicles, and park trailers.

For the purposes of this appendix, emergency transportable housing units may also include commercial modulars as defined in the Health and Safety Code Section 18001.8, if approved by the enforcing agency.

Emergency transportable housing units do not include factory-built housing as defined in the Health and Safety Code Section 19971.

LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.

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LOCAL EMERGENCY. Local Emergency as defined in the Government Code, Section 8558.

LOFT. A floor level located more than 30 inches (762 mm) above the main floor and open to it on at least one side with a ceiling height of less than 6 feet 8 inches (2032 mm), used as a living or sleeping space.

MANUFACTURED HOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18007.

MEMBRANE STRUCTURE. An air-inflated, air-supported, cable or frame-covered structure, not otherwise defined as a tent. (See Chapter 31 of this code.) MOBILEHOME. A structure designed to be used as a single-family dwelling, as defined in the Health and Safety Code, Section 18008.

MULTIFAMILY MANUFACTURED HOME. A structure designed to contain not less than two dwelling units, as defined in the Health and Safety Code, Section 18008.7.

PARK TRAILER. A trailer designed for human habitation that meets all requirements in the Health and Safety Code, Section 18009.3.

RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation, that meets all requirements in the Health and Safety Code, Section 18010.

STATE OF EMERGENCY. State of Emergency as defined in the Government Code, Section 8558.

TENT. A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

SECTION Q103 - EMERGENCY HOUSING
Q103.1 General. Emergency sleeping cabins, emergency transportable housing units including commercial modulars, membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during declaration of state of emergency, local emergency, or shelter crisis.

Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied.

Q103.2 Existing buildings. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing

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buildings or structures used as emergency housing shall not become or continue to be substandard buildings, as determined by the enforcing agency.

Q103.2.1 New additions, alterations, and change of occupancy. New additions, alterations, and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition, alteration, or change of occupancy. The requirements shall apply only to and/or within the specific area of the addition, alteration, or change of occupancy.

Exceptions:

1. Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code, as determined by the enforcing agency.

2. Change in occupancy shall not mandate conformance with new construction requirements set forth in the California Building Standards Code, provided such change in occupancy meets the minimum fire and life safety requirements set forth in Section Q112 of this appendix.

Q103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 70 square feet (6.5 m 2) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 53 square feet (4.9 m2) if the enforcing agency determines that 53 square feet (4.9 m2) is adequate space for a single-occupancy sleeping unit.

Q103.4 Fire and life safety requirements not addressed in this appendix. If not otherwise addressed in this appendix, fire and life safety measures, including, but not limited to, means of egress, fire separation, fire sprinklers, smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the enforcing agency.

Q103.5 Privacy. Emergency housing shall be provided with a privacy lock on each entrance door and all windows for use by the occupants.

Q103.6 Heating. All sleeping areas shall be provided with adequate heating as determined by the enforcing agency.

SECTION Q104 - EMERGENCY SLEEPING CABINS

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Q104.1 General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 m 2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.

Q104.2 Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind, rain, and to support the following live loads:

1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area.

2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area.

3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area.

4. In areas where snow loads are greater than 20 pounds per square foot (958 Pa), the roof shall be designed and constructed to resist these additional loads.

Q104.3 Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions.

Exception: Ceiling heights in lofts constructed in accordance with Section Q108 are permitted to be less than 80 inches (2032 mm).

Q104.4 Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section Q104.4.1. When a loft is provided, one form of egress shall be an egress window complying with Section Q104.4.1, provided in the loft space.

Q104.4.1 Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.465 m2).

Q104.5 Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service, it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code.

Q104.6 Electrical. Emergency sleeping cabins shall be provided with all of the following installed in compliance with the California Electrical Code:

1. Continuous source of electricity.

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Exception: The source of electricity may be an emergency generator or renewable source of power such as solar or wind power.

2. At least one interior lighting fixture.

3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment.

Exception: Electrical heating equipment and a dedicated receptacle outlet for the electrical heating equipment are not required if a nonelectrical source of heating is provided.

4. At least one GFCI-protected receptacle outlet for use by the occupant(s).

Q104.7 Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the enforcing agency.

Q104.8 Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314.

Q104.9 Carbon monoxide alarms. If an emergency sleeping cabin contains a fuel- burning appliance(s) or a fireplace(s), a carbon monoxide alarm shall be installed in accordance with the California Residential Code, Section R315 SECTION Q105 - EMERGENCY TRANSPORTABLE HOUSING UNITS
Q105.1 General. In addition to the requirements in this appendix, manufactured homes, mobilehomes, multifamily manufactured homes, commercial modulars, recreational vehicles, and park trailers used as emergency transportable housing shall comply with all applicable requirements in the Health and Safety Code, Division 13, Part 2; and Title 25, Division 1, Chapter 3, Subchapter 2.

No provisions of Sections Q111 through Q114 of this appendix shall be deemed to grant authorization for any additional work that may conflict with the standards specified in Section Q105 applicable for emergency transportable housing units.

SECTION Q106 - TENTS AND MEMBRANE STRUCTURES
Q106.1 General. Tents shall not be used to house occupants for more than 7 days unless such tents are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents may be maintained with concrete slabs with the finished surface at least 4 inches (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high.

A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy.

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Membrane structures installed and/or assembled in accordance with Chapter 31 of this code, may be permitted to be used as emergency housing and emergency housing facilities, as determined by the enforcing agency.

Tents and membrane structures shall comply with Chapter 31 of the California Fire Code and shall not be erected for a period of more than 180 days within a 12 month period.

Tents and membrane structures shall be limited to one level located at the level of Fire Department vehicle access road or lane. Tents and membrane structures complying with Chapter 31 of the California Fire Code shall not be subject to additional provisions of Sections Q111 and Q112 of this appendix.

Tents and membrane structures used for sleeping purposes shall be equipped with single station battery powered smoke alarms installed in accordance with Section 907.2.11 of the California Fire Code.

SECTION Q107 - ACCESSIBILITY
Q107.1 General. Emergency housing shall comply with the applicable requirements in Chapter 11B and/or the US Access Board Final Guidelines for Emergency Transportable Housing.

Note: The Architectural and Transportation Barriers Compliance Board (US Access Board) issued the Final Guidelines for Emergency Transportable Housing on May 7, 2014. The final guidelines amended the 2004 ADA Accessibility Guidelines (2004 ADAAG) and the 2004 Architectural Barriers Act (ABA) Accessibility Guidelines (2004 ABAAG) to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. The final rule ensures that the emergency transportable housing units are readily accessible to and usable by disaster survivors with disabilities.

SECTION Q108 - LOFTS IN EMERGENCY HOUSING
Q108.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections Q108.1.1 through Q108.1.3.

Q108.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2).

Q108.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.

Q108.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 16 inches (406 mm) from the finished floor

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to the finished ceiling shall not be considered as contributing to the minimum required area for the loft.

Q108.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections Q108.2.1 through Q108.2.4.

Q108.2.1 Stairways. Stairways accessing lofts shall comply with the California Residential Code or with Sections Q108.2.1.1 through Q108.2.1.6.

Q108.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm).

Q108.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 74 inches (1880 mm), as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width.

Q108.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas:

1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or

2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth.

Q108.2.1.4 Landing platforms. The top step of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 74 inches (1880 mm). The landing platform shall be 18 inches (457 mm) to 22 inches (559 mm) in depth measured from the nosing of the landing platform to the edge of the loft, and 16 inches (406 mm) to 18 inches (457 mm) in height measured from the landing platform to the loft floor.

Q108.2.1.5 Handrails. Handrails shall comply with the California Residential Code, Section R311.7.8.

Q108.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with the California Residential Code, Section R312.1.

Q108.2.2 Ladders. Ladders accessing lofts shall comply with Sections Q108.2.2.1 and Q108.2.2.2.

Q108.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200 pound (90.7 kg) load on any rung. Rung spacing shall be uniform within 3/8-inch (9.5 mm).

Q108.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.

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Q108.2.3 Alternating tread devices. Alternating tread devices are acceptable as allowed by the enforcing agency.

Q108.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102mm) in diameter.

SECTION Q109 - LOCATION, MAINTENANCE AND IDENTIFICATION Q109.1 Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housing sites shall be kept clean and free from accumulation of debris, filth, garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists, as determined by the enforcing agency.

Q109.1.1 Fire hazards. Dangerous materials or materials that create a fire hazard, as determined by the enforcing agency, shall not be allowed on the grounds within emergency housing sites.

Q109.3 Identification. Emergency housing shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background.

SECTION Q110 - EMERGENCY HOUSING FACILITIES SANITATION

REQUIREMENTS
Q110.1 Drinking water. Potable drinking water shall be provided for all occupants of emergency housing.

Q110.2 Kitchens and food facilities. Where provided, kitchens and food facilities, as defined in Section 113789 of the California Health and Safety Code, which support emergency housing sites, shall comply with applicable food safety provisions of Sections 113980 – 114094.5 of the California Health and Safety Code.

Where occupants of dependent units are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.

Q110.3 Toilet and bathing facilities. When dependent units are used as emergency housing, the emergency housing site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The enforcing agency may permit different

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types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are sufficient to process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants of the emergency housing.

Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees F (21.0 degrees Celsius) within such facilities.

Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.

Q110.4 Garbage, waste and rubbish disposal. All garbage, kitchen waste and rubbish shall be deposited in approved covered receptacles, which shall be emptied when filled and the contents shall be disposed of in a sanitary manner acceptable to the enforcing agency.

SECTION Q111 - EMERGENCY HOUSING LIGHTING AND VENTILATION

REQUIREMENTS
Q111.1 Lighting. Buildings or structures used for emergency housing shall be provided with natural light by means of exterior glazed openings in accordance with Section 1204.2 of the California Building Code, or shall be provided with artificial light in accordance with Section 1204.3 of the California Building Code.

Q111.2 Ventilation. Buildings or structures used for emergency housing shall be provided with natural ventilation in accordance with Section 1202.5 of the California Building Code, or mechanical ventilation in accordance with the California Mechanical Code.

SECTION Q112 - EMERGENCY HOUSING FIRE AND LIFE SAFETY REQUIREMENTS Q112.1 Location on property. Buildings or structures used for emergency housing, including sleeping cabins, shall be located in accordance with the requirements of Section 705 and Table 705.5 of the California Building Code, based on their type of construction and fire-resistance ratings of the exterior walls. During a shelter crisis, the fire separation distances are permitted to be measured to the existing buildings on the adjacent parcels rather than to the interior lot lines, provided the open spaces are to remain unobstructed for the duration of the shelter crisis.

Q112.2 Buildings on same lot. Buildings or structures used for emergency housing, including sleeping cabins, shall be separated from each other and from other buildings on the same lot as set forth in Section 705.3 of the California Building Code. The Building Official and Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent fire and life safety is achieved.

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Q112.3 Means of egress. Buildings or structures used for emergency housing shall be provided with means of egress complying with Chapter 10 of the California Building Code, unless modified elsewhere in this appendix.

Q112.4 Emergency escape and rescue. Each area of a building or structure used for sleeping purposes in emergency housing shall be provided with an emergency escape and rescue opening in accordance with Section 1031 of the California Building Code, unless modified elsewhere in this appendix.

Q112.5 Smoke alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, shall be equipped with single station battery powered smoke alarms installed in accordance with the location requirements of Section 907.2.11 of the California Fire Code, unless modified elsewhere in this appendix.

Q112.6 Carbon monoxide alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, and equipped with fuel-burning appliances shall be provided with carbon monoxide detection in accordance with Section 915 of the California Fire Code, unless modified elsewhere in this appendix.

Q112.7 Fire alarm. A manual fire alarm system capable of arousing sleeping occupants in accordance with Section 907.2.9.1 of the California Fire Code shall be installed in buildings, structures, or groups of buildings or structures used for emergency housing and having a gross floor area of more than 2,500 square feet or having more than 49 sleeping occupants.

Exception: Individual buildings or structures in a group of buildings or structures with sufficient separation distances to allow each building or structure to function independently in case of a fire, as approved by the Fire Marshal.

Q112.8 Automatic sprinkler systems. Fire sprinklers shall be provided for new and existing buildings or structures used for emergency housing, including sleeping cabins, which provide sleeping facilities, as required by Section 903.3 of the California Fire Code.

Strict compliance with the requirements of Section 903.3 may not be required when approved by the Fire Marshal. The Fire Marshal is authorized to accept reasonably equivalent alternatives to the installation provisions of Section 903.3 when dealing with buildings or structures used for emergency housing.

Q112.9 Fire extinguishers. Portable fire extinguishers shall be provided in accordance with Section 906.1 of the California Fire Code.

Q112.10 Flammable or combustible liquids. The possession or storage of any flammable or combustible liquids or gases shall not be permitted (intact cigarette lighters excepted). The use of any type of open flame indoors is prohibited unless conditionally approved by the Fire Chief.

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Q112.11 Storage in attics, under-floor and concealed spaces. Combustible materials, including but not limited to the possessions of occupants, users and staff shall not be stored in attics, under-floor spaces, or within other concealed spaces of buildings or structures used for emergency housing with sleeping accommodations.

Q112.12 Fire department access. Fire Department access to building and premises used for emergency housing shall be in compliance with Section 503, Section 504 and Appendix D of the California Fire Code, as approved by the Fire Chief.

Q112.13 Water supply. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the Fire Chief, shall be provided for each structure, group of structures or premises used for emergency housing.

SECTION Q113

ADDITIONAL REQUIREMENTS
Q113.1 Operating procedures. Operating procedures including a security plan and service requirements shall be developed by the professional service provider and shown to be consistent with the shelter standards imposed by the Alameda County Social Services Agency. These procedures shall be designed to maintain order and safety within the buildings or structures used for emergency housing.

SECTION Q114

ALTERNATIVES AND MODIFICATIONS
Q114.1 Alternatives and modifications. Alternative compliance and/or modifications that are reasonably equivalent to the requirements in this appendix may be granted by the Local Administrative Authority in individual cases when dealing with buildings or structures used for emergency housing.

NOTE:

Authority Cited: Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11, and 19990; and Government Code Section 12955.1.

Reference: Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4 and 1101.5; and Government Code Sections 12955.1 and 12955.1.1. (Ord. 7613-NS § 3, 2018)
Section 2. That Berkeley Municipal Code Chapter 19.29 is hereby repealed and reenacted to read as follows:

Ordinance No. 7,988-N.S. Page 35 of 53
Chapter 19.29

BERKELEY RESIDENTIAL CODE
Sections:

19.29.010 Adoption of California Residential Code.

19.29.020 Title.

19.29.030 Administrative Provisions.

19.29.040 Subsection R301.2 Climatic and Geographic Design Criteria.

19.29.050 Technical Amendments to Structural Standards.

19.29.010 Adoption of California Residential Code.

The California Residential Code, 2025 Edition, as adopted in Title 24 Part 2.5 of the California Code of Regulations, including Appendices BB, BF, BI, BJ, BK and CI is 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 Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.29.020 Title.

This Code shall be known as the "Berkeley Residential Code" and may be cited as "this Code".

19.29.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Residential Code (CRC) administrative provisions that may conflict.

For regulations governing wood burning appliances see BMC 19.28.040.

19.29.040 CRC Subsection R301.2 Climatic and geographic design criteria.

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg

AIR FREEZING
INDEXi MEAN ANNUAL TEMPj
NO See ZERO 57.2◦F

WIND DESIGN SUBJECT TO DAMAGE FROM
GROUND
SNOW
LOADo
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Wind-
borne
debris
zonem

SEISMIC
DESIGN
CATEGORYf Weatheringa Frost line
depthb Termitec
ZERO 95 NO NO NO D2 or E NEGLIGIBLE N/A VERY
HEAVY

Ordinance No. 7,988-N.S. Page 36 of 53
Footnote ‘p’
MANUAL J DESIGN CRITERIAn
Elevation
Altitude
correction
factor e

Coincident
wet bulb
Indoor
winter
design
relative
humidity
Indoor
winter
design
dry-bulb
temperature
Outdoor
winter design
dry-bulb
temperature
Heating
temperature
difference
345 N/A 63 N/A 70 40 30
Latitude Daily
range
Indoor
summer
design
relative
humidity
Summer
Design
Grains
Indoor
summer
design
dry-bulb
temperature
Outdoor
summer
design
dry-bulb
temperature
Cooling
temperature
difference
38 16 50 -6 75 80 5
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the

Ordinance No. 7,988-N.S. Page 37 of 53
effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(3).
p. Flood Hazard Data for the City of Berkeley:

Date of Jurisdiction’s Entry into the NFIP: December 7, 1973; Date of adoption of the first code or ordinance for management of flood hazards:

Ordinance No. 5085-N.S., July 25, 1978;
Date of Flood Insurance study: Aug 3, 2009;
Panel numbers and dates of all currently effective maps adopted by the AHJ (Ordinance 7108-NS 9/29/09):
 FEMA’s “Use of Digital Flood Hazard Data” establishes that paper and digital maps are equivalent. Policy and related information are available from FEMA.

The policy implements section 107 of Public Law 108-264, 118 Stat. 724 (2004)  Panel 13 (not available in printed form)
 Panel 14 of 725, Map Number 06001C0014G, August 3, 2009  Panel 18 of 725, Map Number 06001C0018G, August 3, 2009  Panel 19 of 725, Map Number 06001C0019G, August 3, 2009  Panel 38 (not available in printed form)
 Panel 51 (not available in printed form)
 Panel 52 of 725, Map Number 06001C0052G, August 3, 2009  Panel 53 (not available in printed form)
 Panel 54 of 725, Map Number 06001C0054G, August 3, 2009  Panel 56 of 725, Map Number 06001C0056G, August 3, 2009  Panel 57 of 725, Map Number 06001C0057G, August 3, 2009

Ordinance No. 7,988-N.S. Page 38 of 53
 Panel 80 of 725, Map Number 06001C0080G, August 3, 2009

19.29.050 Technical Amendments to Structural Standards
Chapter 6 of the 2025 California Residential Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Table R602.10.3(3) BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORYi, j
Add new footnotes “i” and “j” to the end of Table R602.10.3(3) to read:
i. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Method DWB are not permitted in Seismic Design Categories D 0, D1, and D2 where S1 is greater than or equal to 0.75.

Add a new Subsection R602.10.4.5, to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D 1, and D2, Method GB is not permitted, but gypsum board is permitted to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures.

Section 3. That Berkeley Municipal Code Chapter 19.30 is hereby repealed and reenacted to read as follows:

Chapter 19.30

BERKELEY ELECTRICAL CODE
Sections:

19.30.010 Adoption of California Electrical Code.

19.30.020 Title.

19.30.030 Administrative provisions.

19.30.040 Amendments to the California Electrical Code

19.30.010 Adoption of California Electrical Code.

The California Electrical Code, 2025 Edition, as adopted by the California Code of Regulations, Title 24, Part 3 is 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 Chapter.

A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

Ordinance No. 7,988-N.S. Page 39 of 53

19.30.020 Title.

This Code shall be known as the "Berkeley Electrical Code" and may be cited as "this Code".

19.30.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any administrative provisions contained in Article 89 General Code Provisions that may conflict.

19.30.040 Amendments to the California Electrical Code
Chapter 3 of the 2025 California Electrical Code is adopted in its entirety subject to the modifications thereto which are set forth below:
303.3(C) Conductors of Different Systems.
(1) 1000 Volts, Nominal, or Less. Conductors of ac and dc circuits, rated 1000 volts, nominal, or less, from separately derived systems, from separate services, or from separate utility meters shall not be permitted to occupy the same equipment wiring enclosure, cable, or raceway with conductors from other systems, services, or meters. All conductors shall have an insulation rating equal to at least the maximum circuit voltage applied to any conductor within the enclosure, cable, or raceway.

Secondary wiring to electric-discharge lamps of 1000 volts or less, if insulated for the secondary voltage involved, shall be permitted to occupy the same luminaire, sign, or outline lighting enclosure as the branch-circuit conductors.

Section 4. That Berkeley Municipal Code Chapter 19.32 is hereby repealed and reenacted to read as follows:

Chapter 19.32

BERKELEY MECHANICAL CODE
Sections:

19.32.010 Adoption of the California Mechanical Code.

19.32.020 Title.

19.32.030 Administrative provisions.

19.32.040 Amendments to the California Mechanical Code

19.32.010 Adoption of the California Mechanical Code.

The California Mechanical Code, 2025 Edition, as adopted in Title 24 Part 4 of the California Code of Regulations, is 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 No. 7,988-N.S. Page 40 of 53
Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.32.020 Title.

This Code shall be known as the “Berkeley Mechanical Code” and may be cited as "this Code".

19.32.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Mechanical Code administrative provisions that may conflict.

19.32.040 Amendments to the California Mechanical Code
Chapter 4 of the 2025 California Mechanical Code is adopted in its entirety subject to the modifications thereto which are set forth below:
405.4.1 Exhaust Rate. For intermittent-controlled operations, the exhaust rate shall be not less than 100 ft3/min (47.2 L/s) for range hoods or 300 ft3/min (142 L/s) for mechanical exhaust fans and shall be rated for sound at a maximum of 3 sone at greater than or equal to 100 ft3/min (47.2 L/s), including downdraft appliances. For continuous operated ventilation, the exhaust rate shall be not less than 50 ft3/min (23.6 L/s) and shall be rated for sound at a maximum of 1.0 sone.

Exception: A vented range hood shall not be required in dwelling unit kitchens equipped with a local mechanical exhaust system installed in accordance with ASHRAE 62.2.

Section 5. That Berkeley Municipal Code Chapter 19.34 is hereby repealed and reenacted to read as follows:

Chapter 19.34

BERKELEY PLUMBING CODE
Sections:

19.34.010 Adoption of the California Plumbing Code.

19.34.020 Title.

19.34.030 Administrative provisions.

19.34.040 Gas Shut-Off Valves

19.34.010 Adoption of the California Plumbing Code.

The California Plumbing Code, 2025 Edition, as adopted in Title 24 Part 5 of the California Code of Regulations, including Appendices A, B and D, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto

Ordinance No. 7,988-N.S. Page 41 of 53
which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.34.020 Title.

This Code shall be known as the “Berkeley Plumbing Code” and may be cited as "this Code."

19.34.030 Administrative Provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Plumbing Code administrative provisions that may conflict.

19.34.040 Gas Shut-Off Valves
Chapter 12 of the 2025 California Plumbing Code is adopted in its entirety subject to the modifications thereto which are set forth below.
1209.0 Excess Flow Valve Automatic Gas Shut-Off Valves. 1209.2 General Requirements for Automatic Gas Shut-Off Valves. Automatic gas shut-off valves shall:

1. Comply with all applicable requirements of the Berkeley Plumbing Code.

2. Be tested and listed by recognized testing agencies such as the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO) or any other agency approved by the State of California Office of the State Architect (OSA).

3. Be installed on downstream side of the gas utility meter.

4. Be installed in accordance with the manufacturer's instructions.

5. Provide a method for expedient and safe gas shut-off in an emergency.

6. Provide a capability for ease of consumer or owner resetting in a safe manner. 1209.3 Definitions
For the purpose of this Section, terms shall be defined as follows:

AUTOMATIC GAS SHUT- OFF VALVE shall mean either a motion activated gas shut- off valve or device or an excess flow gas shut-off valve or device.

Ordinance No. 7,988-N.S. Page 42 of 53
DOWNSTREAM OF GAS UTILITY METER shall mean all gas piping on the property owner’s side of the gas meter and after the service tee.

MOTION ACTIVATED GAS SHUT OFF VALVE shall mean an approved gas valve activated by motion. Valves are set to activate in the event of a moderate or strong seismic event greater than 5.0 on the Richter scale.

UPSTREAM OF GAS UTILITY METER shall mean all gas piping installed by the utility up to and including the meter and the utility’s service tee. 1209.4 Motion Activated Gas Shut-off Valve, Required. A listed motion activated gas shut-off valve shall be installed as follows:
1209.4.1 New Construction. In any newly constructed building or structure containing fuel gas piping.
1209.4.2 Existing Buildings with a single meter. In any existing building or structure containing fuel gas piping served by a single gas meter, when any addition, alteration or repair is made for which a mechanical or plumbing permit is issued. 1209.4.3 Existing Buildings with separate meters serving individual units or tenant spaces. In any existing building or structure containing fuel gas piping served by multiple gas meters, when any addition, alteration or repair is made to an individual unit or tenant space for which a mechanical or plumbing permit is issued. The requirement for a motion activated gas shut off valve shall apply to the gas meter serving the individual unit or tenant space and the gas meter serving common area(s).

Exceptions:

1. Existing automatic gas shut-off valves installed prior to the effective date of this Section, provided the valves are maintained in operational condition.

2. Automatic gas shut-off valves installed on a gas distribution system owned or operated by a public utility.

Note: For the purpose of the requirements of this Section, excess flow valves are not permitted to be installed as a substitute for motion activated gas shut-off valves. 1209.5 Mounting. Motion activated seismic gas shut-off valves shall be mounted rigidly to the building or structure containing the fuel gas piping, unless otherwise specified in the manufacturer’s installation instructions.

Section 6. That Berkeley Municipal Code Chapter 19.36 is hereby repealed and reenacted to read as follows:

Chapter 19.36

Ordinance No. 7,988-N.S. Page 43 of 53

BERKELEY ENERGY CODE
Sections:

19.36.010 Adoption of the California Energy Code.

19.36.020 Title.

19.36.030 Administrative provisions.

19.36.040 Amendments to the California Energy Code.

19.36.010 Adoption of the California Energy Code.

The California Energy Code, 2025 Edition, as adopted in Title 24 Part 6 of the California Code of Regulations, is 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 Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.36.020 Title.

This Code shall be known as the “Berkeley Energy Code” and may be cited as "this Code”.

19.36.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Energy Code administrative provisions that may conflict.

Section 7. That Berkeley Municipal Code Chapter 19.37 is hereby repealed and reenacted to read as follows:

Chapter 19.37

BERKELEY GREEN CODE
Sections:

19.37.010 Adoption of the California Green Building Standards Code.

19.37.020 Title.

19.37.030 Administrative provisions.

19.37.040 Amendments to the California Green Building Standards Code.

19.37.010 Adoption of the California Green Building Standards Code.

The California Green Building Standards Code (CALGreen), 2025 Edition, as adopted in Title 24 Part 11 of the California Code of Regulations, is 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 Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

Ordinance No. 7,988-N.S. Page 44 of 53

19.37.020 Title.

This Code shall be known as the “Berkeley Green Code” and may be cited as "this Code".

19.37.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Green Building Standards Code administrative provisions that may conflict.

19.37.040 Amendments to the California Green Building Standards Code.

Chapter 3 Green Building of the California Green Building Standards Code is adopted in its entirety subject to the modifications thereto which are set forth below:
301.1.2 Residential waste diversion. The requirements of Section 4.408 shall be required for:

1. Any additions or alterations, which increase the building’s conditioned area, volume or size

2. Any building alterations with a permit valuation over $100,000

3. Any interior or exterior demolitions valued over $3,000 301.3.2 Nonresidential waste diversion. The requirements of Section 5.408 shall be required for additions and, alterations and demolitions whenever a permit is required for work.

Chapter 4 Residential Mandatory Measures of the California Green Buildings Code is adopted in its entirety subject to the modifications thereto which are set forth below:

4.106.4.1 New one- and two-family dwellings and townhouses with attached or detached private garages, carports, or any other on-site parking. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger.

Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device minimum 40-ampere 208/240-volt dedicated EV branch circuit in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

Ordinance No. 7,988-N.S. Page 45 of 53

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLEREADY”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLEREADY”.

4.106.4.2.2 Multifamily dwellings.

1. EV ready parking spaces with receptacles.
a. Multifamily parking facilities with assigned parking. Where dwelling units are provided with assigned parking spaces equal to or greater than the number of dwelling units, at least one low power Level 2 EV charging receptacle shall be provided at an assigned parking space for each dwelling unit.

1. Where the total number of dwelling units exceeds the number of assigned parking spaces, all assigned parking spaces shall be provided with one low power Level 2 EV
charging receptacle.

Exception: Areas of parking facilities served by parking lifts, including but not limited to, automated mechani cal-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Charger spaces are installed elsewhere.
b. Multifamily parking facilities with unassigned parking. Where dwelling units are provided with unassigned parking spaces equal to or greater than the number of dwelling units, at least one low power Level 2 EV charging receptacle shall be provided at an unassigned parking space for each dwelling unit.

1. Where the total number of dwelling units exceeds the number of unassigned parking spaces, all unassigned
parking spaces shall be provided with one low power
Level 2 EV charging receptacle.

Exception: Areas of parking facilities served by parking lifts, including but not limited to, automated mechani cal-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Charger spaces are installed elsewhere.
c. Multifamily parking facilities with assigned and unassigned parking. Where multifamily buildings are
provided with both
assigned and unassigned parking spaces equal to or greater

Ordinance No. 7,988-N.S. Page 46 of 53
than the number of dwelling units, at least one low power Level 2 EV charging receptacle shall be provided for each dwelling unit at either the assigned or unassigned parking space, but not both.
d. Receptacle power source. EV charging receptacles in multifamily parking facilities at assigned parking spaces shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

Exception: Areas of parking facilities served by parking lifts, including but not limited to, automated mechani cal-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere.
e. Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20-ampere receptacles, NEMA 6-20R

2. For 30-ampere receptacles, NEMA 14-30R

3. For 50-ampere receptacles, NEMA 14-50R

4.106.4.2.6 Hotels and motels.

1. EV ready parking spaces with receptacles.
a. Hotels and motels. Forty (40) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

Exception: Areas of parking facilities served by parking lifts, including but not limited to, automated mechanical-access open parking garages as defined in the California Building Code ; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Charger spaces are installed elsewhere.
b. Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20- ampere receptacles, NEMA 6-20R

2. For 30- ampere receptacles, NEMA 14-30R

3. For 50- ampere receptacles, NEMA 14-50R

Ordinance No. 7,988-N.S. Page 47 of 53

2. EV Ready parking spaces with EV chargers.
a. Hotels and motels. Twenty-five (25) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers.
b. EV charger connectors. EV chargers shall be equipped with J1772 or J3400 connectors.

Exception: Areas of parking facilities served by parking lifts, including but not limited to, automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Charger spaces are installed elsewhere.
c. An automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS.

The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.

SECTION 4.405—MATERIAL SOURCES (RESERVED)

4.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash

2. Slag

3. Silica fume

4. Rice hull ash
Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

4.408.1 Construction waste management. Recycle and/or salvage for reuse 100% of excavated soil and land-clearing debris, 100% of concrete, 100% of asphalt, and a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance.

Exceptions:

1. Excavated soil and land-clearing debris. (Reserved)

Ordinance No. 7,988-N.S. Page 48 of 53

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

Chapter 5 Nonresidential Mandatory Measures of the California Green Buildings Code with Mid-Cycle Supplement is adopted in its entirety subject to the modifications thereto which are set forth below:

5.106.5.3 Electric vehicle (EV) charging. [N] [BSC-CG] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section

5.106.5.3.1 EV capable spaces, Section 5.106.5.3.2 Electric vehicle charging stations and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 Electric vehicle charging stations (EVCS)-Power allocation method and associated Table

5.106.5.3.6, and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

2. Areas of parking facilities served by parking lifts, including but not limited to, automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging. Areas of parking facilities served by parking lifts, provided the required percentage of EV Charger spaces are installed elsewhere.

5.106.5.3.1 EV Capable Spaces. [N] Twenty (20) percent of the total number of parking spaces shall be EV capable spaces. Calculation for EV capable spaces shall be rounded up to the nearest whole number. shall be provided in accordance with Table 5.106.5.3.1 and The spaces shall comply with the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

Ordinance No. 7,988-N.S. Page 49 of 53

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.” Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

TABLE 5.106.5.3.1—EV CAPABLE SPACES AND EVCS

TOTAL NUMBER OF
ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN OFFICE
AND
RETAIL

NUMBER OF REQUIRED
EVCS2, 3

OFFICE AND RETAIL

NUMBER OF REQUIRED
EVCS 2, 3
1-9 0 0 0
10-25 4 2 3
26-50 8 4 6
51-75 13 6 8
76-100 17 8 13
101-150 25 12 19
151-200 35 18 26
201 and over 20 percent of actual
parking spaces1
50 percent of EV capable
spaces1
75 percent of EV capable
spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

3. At least one Level 2 EVSE shall be provided.

5.106.5.3.2 Electric vehicle charging stations (EVCS ). Separate and in addition to the requirements of Section 5.106.5.3.1, fifteen (15) percent of the total number of parking spaces of Office and Retail Occupancies and ten (10) percent of the total number of parking spaces for all other nonresidential occupancies shall be EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Table 5.106.5.3.1. Calculation of required EVCS shall be rounded up to the nearest whole number. The EVCS required by Table 5.106.5.3.1 by this section shall be provided with Level 2 EVSE or DCFC as permitted in Section 5.106.5.3.2.3. At least one minimum 6.6 kVA Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

Ordinance No. 7,988-N.S. Page 50 of 53

5.106.5.3.2.1 Receptacle configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20-ampere receptacles, NEMA 6-20R

2. For 30-ampere receptacles, NEMA 14-30R

3. For 50-ampere receptacles, NEMA 14-50R

5.106.5.3.2.2 EV charger connectors. EV chargers shall be equipped with SAE J1772 with a maximum output 240 Volts AC or SAE J3400 connectors.

When using level 2 SAE J3400 SAE connectors, supplied by a 480 V 3-phase service, at least 20 percent of the EV charger connectors shall be SAE J1772 with a maximum output 240 Volts AC.

5.106.5.3.2.3 The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE or EVCS with Level 2 EVSE by five, and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.2.4 The installation of two low power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Table 5.106.5.3.1 required by Section 5.106.3.2.1 by one.

5.106.5.3.2.4.1 Raceway capacity requirements. To allow for future upgrades to the electrical conductors serving low power Level 2 charging receptacles, the listed raceway serving such receptacles shall be sized to allow the installation of a dedicated 208/240-volt 40-ampere branch circuit. Where no raceway is used, the conductors shall be sized to accommodate a 208/240-volt 40-ampere receptacle.

5.106.5.3.6 Electric vehicle charging stations (EVCS) - power allocation method.

The power allocation method, based on occupancy classification, may be used as an alternative to the requirements in Section 5.106.5.3.1, and Section 5.106.5.3.2 and associated Table 5.106.5.3.1. Use Table 5.106.5.3.6 the following factors to determine the total power in kVA required based on the total number of actual parking spaces.

A. Office and Retail Occupancies: The product of the factor of 0.99kVA/parking space times the total number of parking spaces serving Office and/or Retail occupancies determines the total power in kVA for EVSE charging infrastructure required.

B. For occupancies other than Office and Retail occupancies: The product of the factor 0.66 kVA/parking space times the total number of parking spaces determines the power in kVA required for EVSE charging infrastructure required.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

Ordinance No. 7,988-N.S. Page 51 of 53

3. Any remainder power allocation kVA from Section 5.106.3.6 Item (1) shall be converted to one additional low power Level 2 EVSE.

TABLE 5.106.5.3.6-EVCS—POWER ALLOCATION METHOD

TOTAL NUMBER

OF ACTUAL

PARKING SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA

OTHER THAN OFFICE AND RETAIL
TOTAL kVA REQUIRED IN ANY
COMBINATION OF EV CAPABLE3,4,
LOW POWER LEVEL 2, LEVEL 21, 2,

OR DCFC

OFFICE AND RETAIL
TOTAL kVA REQUIRED IN ANY

COMBINATION OF EV
CAPABLE4, 5,
LOW POWER LEVEL 2, LEVEL
21, 2,

OR DCFC
1-9 0 0 0
10-25 26.4 26.4 26.4
26-50 52.8 52.8 52.8
51-75 85.8 85.8 85.8
76-100 112.2 112.2 112.2
101-150 165 165 165
151-200 231 231 231
201 and over
20 percent if
actual parking
spaces x 6.6
Total required kVA = P × .20 × 6.6
Where P = Parking spaces in facility
Total required kVA = P × .20 ×

6.6 Where P = Parking spaces in
facility

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 75 percent.

4. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.

5. For office and retail buildings the maximum allowed kVA to be utilized for EV capable spaces is 25 percent.

5.106.5.4.1 Existing buildings or parking areas without previously installed EV capable infrastructure [A]. When EV capable infrastructure does not exist at an existing parking facility or building, and the parking facility or building undergoes an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with either Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section

5.106.5.3.6 and associated Table 5.106.5.3.6 for the total number of actual parking spaces being added or altered.

5.106.5.4.2 Existing buildings or parking areas with previously installed EV capable infrastructure [A]. When EV capable infrastructure is available at an existing parking facility or building, and the parking facility or building is undergoing an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with either Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section

5.106.5.3.6 and associated Table 5.106.5.3.6. Install EVCS at all existing EV capable spaces, utilizing the existing allocated power and infrastructure for the total number of actual parking spaces being added or altered, prior to adding any new EV capable spaces. If the area being added or altered exceeds the existing EV capable capacity,

Ordinance No. 7,988-N.S. Page 52 of 53
allocated power and infrastructure, provide additional EV charging as needed to comply with this section.

SECTION 5.405—MATERIAL SOURCES (RESERVED)

5.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash.

2. Slag.

3. Silica fume.

4. Rice hull ash.

Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

5.408.3 Concrete, asphalt, excavated soil and land clearing debris. 100 percent of concrete, asphalt, trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Exception: Reuse, either on-or off-site, of vegetation or soil contaminated by disease or pest infestation.

Notes:

1. If contamination by disease or pest infestation is suspected, contact the County Agricultural Commissioner and follow its direction for recycling or disposal of the material. (www.cdfa.ca.gov/)

2. For a map of known pest and/or disease quarantine zones, consult with the California Department of Food and Agriculture. (www.cdfa.ca.gov) Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 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.

Ordinance No. 7,988-N.S. Page 53 of 53
At a regular meeting of the Council of the City of Berkeley held on October 28, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Attachment 2

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF BERKELEY BUILDING CODES
The public may participate in this hearing by remote video or in-person.

The Department of Planning and Development is proposing that the City Council adopt the second reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions.

The hearing will be held on November 18, 2025, at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 6, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

For further information, please contact David Lopez, Chief Building Official, Manager of Building and Safety Division, Planning and Development Department, 510-981-7441.

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley 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.

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 at 510- 981-6900 or [email protected] for further information.

Published: October 31 and November 7, 2025 – The Berkeley Voice Public hearing required per California Government Code section 50022.3 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 November 6, 2025.
__________________________________
Mark Numainville, City Clerk

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/

PUBLIC HEARING
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025)

RECOMMENDATION
Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:
 23.202.030 Additional Permit Requirements (Residential)  23.202.050 R-1 Single Family Residential District
 23.202.080 R-2 Restricted Two-Family Residential District  23.202.090 R-2A Restricted Multiple-Family Residential District  23.202.100 R-3 Multiple-Family Residential District
 23.206.090 MU-R Mixed Use Residential District
 23.326.030 Demolition of Residential Units
 23.326.040 Eliminating Dwelling Units through Combination with Other Units

SUMMARY
As part of regular and routine updates, staff have prepared non-substantive Zoning ordinance amendments to maintain consistency and accuracy throughout the Zoning Ordinance and related BMC chapters.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The Zoning Ordinance and related BMC Chapters are regularly reviewed for consistency with state laws related to land use and zoning. While some state laws may require more extensive amendments or require changes to the City’s internal permitting

29

Zoning Ordinance Amendments to Title 23
for Consistency with State Law and Technical Edits PUBLIC HEARING November 18, 2025

procedures to be consistent, the proposed zoning amendments constitute only minor technical amendments to maintain consistency.

The proposed Ordinance amendments are summarized below in Table 1:

Table 1 Policy Summary and Zoning Amendment Proposals
Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment 1)

1. 23.202.030(A) Additional Permit
Requirements
Codify existing practice of
approving certain
Residential Additions with a
Zoning Certificate.
1 2.

Tables 23.202-2;

23.202-5;

23.202-9; and

23.206-14
R-1, R-2, R-2A and
MU-R Development
Standards
Clarification of maximum
height being 35 and 3
stories.
2 3
4 6

3. Table 23.202-11 R-3 Development
Standards
Correct a transmittal error
for lot coverage for interior
and through lots (should be
40% coverage, not 30%).
5 4. 23.326.030(D)(2) Demolition of
Residential Units
Clarification of how
Protected Unit is defined. 7

5. 23.326.040(B)
Eliminating Dwelling
Units through
Combination with
Other Units
Clarify applicability of
regulation by replacing the
term “building,” with
“Residential Unit(s).”
8 BACKGROUND
On October 12, 2021, the City Council passed Ordinance No. 7,787-N.S., a thorough revision of Title 23 of the Berkeley Municipal Code, to make the City’s Zoning Ordinance easier to understand and administer. The City Council gave staff direction to make minor changes to comply with state law or codify prior zoning interpretations. Staff were directed to regularly return to the Planning Commission and City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance.

Zoning Ordinance Amendments to Title 23
for Consistency with State Law and Technical Edits PUBLIC HEARING November 18, 2025

The proposed zoning amendments are part of the regular and routine maintenance of the Zoning Ordinance and include corrections and technical edits to ensure consistency throughout the Zoning Ordinance (Attachment 1).

At its meeting on October 8, 2025, the Planning Commission held a public hearing on the proposed amendments. The Commission unanimously recommended adoption of the proposed amendments.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed ordinance corrects errors, clarifies language and codifies existing practice. The proposed Zoning Ordinance amendments do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendments would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

RATIONALE FOR RECOMMENDATION
The proposed Zoning Ordinance amendments are required to ensure compliance with all applicable state laws and are necessary to maintain the integrity of the Zoning Ordinance and related BMC Chapters. All recommended changes either reflect ordinances that have previously been authorized by City Council, or that are required by state law.

ALTERNATIVE ACTIONS CONSIDERED
The Council could consider taking no action regarding the recommendations proposed by staff. In this scenario, Title 23 would remain unchanged, leaving the BMC inconsistent or outdated. This could lead to uncertainty or potentially lead to challenges in enforcement.

CONTACT PERSON
Robert Rivera, Senior Planner, Land Use and Development Department, (510) 981- 7480
Attachments:
1: Draft Ordinance
2: PC Staff Report 10-08-25
3: Public Hearing Notice

ORDINANCE NO. -N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), AND DEMOLITION AND DWELLING UNIT CONTROL CHAPTER (BMC 23.326) TO CORRECT ERRORS,

CLARIFY LANGUAGE, AND CODIFY EXISTING PRACTICE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That BMC Section 23.202.030(A) is amended to read as follows:

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

1. Permits Required.
(a) In the ES-R district, residential additions require permits as follows:
i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.
ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.
(b) In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate. (c) In the R-1, R-2, R-2A and MU-R districts, any residential addition requires a Zoning Certificate.
(c)(d) In the R-1H, R-1AH, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R-4, R-5 and R-BMU districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions): AUP.

Section 2. That Table 23.202-2 R-1 Development Standards within BMC Chapter

23.202.050 is amended to read as follows:

Table 23.202-2 R-1 Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Usable Open Space 1,000 sq. ft. of Gross
Residential Floor Area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Maximum
New Buildings and Additions 35 ft. andor 3
stories [1]
Within 15 ft. of Rear Property Line 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 40

23.106.100 – Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 3. That Table 23.202-5 R-2 Development Standards within BMC Chapter

23.202.080 is amended to read as follows:

Table 23.202-5: R-2 Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.020 – Lot
Requirements

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Usable Open Space, Per 1,000 sq. ft. of
gross residential floor area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height
New Buildings and Additions,
Maximum
35 ft. andor 3
stories
Within 15 feet of Rear Property
Line, Maximum 22 ft.

23.304.050 – Building
Height
Residential Density (du/acre)
Minimum 10
Maximum 50

23.106.100 –
Residential Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 4. That Table 23.202-9 R-2A Development Standards within BMC Chapter

23.202.090 is amended to read as follows
Table 23.202-9: R-2A Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.010 - Lot
Requirements

Usable Open Space, pe per 1,000 sq. ft. gross
residential floor area Minimum 150 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height
New Buildings and Additions, Maximum 35 ft. andor 3
stories
Within 15 ft. of Rear Property Line,
Maximum 22 ft.

23.304.050 –
Building Height
Residential Density (du/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 –
Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 5. That Table 23.202-11 R-3 Development Standards within BMC Chapter

23.202.100 is amended to read as follows
TABLE 23.202-11: R-3 DEVELOPMENT STANDARDS

BASIC STANDARDS OUTSIDE OF

SOUTHSIDE PLAN
WITHIN

SOUTHSIDE PLAN

SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. No minimum
Per Group Living
Accommodation
Resident
350 sq. ft. [1] No minimum

23.304.020 – Lot
Requirements

Residential Density
Minimum (du/acre) No minimum 60
Maximum
(du/acre)
No maximum No maximum

23.106.100 –
Residential Density
Usable Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living
Accommodation
Resident
90 sq. ft.
150 sq. ft. per
1,000 sq. ft. of
gross residential
floor area

23.304.090 –
Usable Open
Space
Floor Area Ratio,
Maximum No maximum 3.0
Main Building Height, Average
New Buildings and
Non-Residential
Additions
35 ft. and 3
stories
Residential
Additions
16 ft. [2]
45 ft.

23.304.050 –
Building Height
Lot Coverage, Maximum
1 Story: 45%
2 Stories: 45%
Interior and
Through Lot
3 Stories: 430%
100%
1 Story: 50%
2 Stories: 50%
Corner Lot
3 Stories: 45%
100%

23.304.120 – Lot
Coverage
Lot Line Setback, Minimum
Front 15 ft. 10 ft.

Rear 15 ft. 10 ft.
1st Story: 4 ft.
2nd Story: 4 ft.

Interior Side
3rd Story: 6 ft.
4 ft.
1st Story: 6 ft.Street Side
2nd Story: 8 ft.
4 ft.

23.304.030 -
Setbacks

3rd Story: 10 ft.
1st Story: 8 ft.
2nd Story: 12 ft.

Building Separation,
Minimum
3rd Story: 16 ft.

No minimum

23.304.040 –
Building
Separation in
Residential
Districts
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2] Maximum 35 ft. with an AUP.

Section 6. That Table 23.206-14 MU-R Development Standards within BMC Chapter

23.206.090 is amended to read as follows
Table 23.206-14: MU-R Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lot No minimum
Per Live/Work Unit 1,250 sq. ft.

23.304.020 – Lot
Requirements
Lot Width, Minimum 40 ft.

Usable Open Space, Minimum
Per 1,000 sq. ft. of gross residential floor
area 150 sq. ft.

Per Live/Work Unit 40 sq. ft.

23.304.090 –
Usable Open
Space
Floor Area Ratio, Maximum, Non-Residential 1.5 [1] 23.106.050 - Floor Area Ratio
Residential Density (DU/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Main Building Height, Maximum
Live/work 28 ft. and 3 stories
[2]
Residential or mixed-use [3] 35 ft. andor 3
stories
Within 15 ft. of rear property line 22 ft.

23.304.050 -
Building Height

All other uses 35 ft. and 2 stories
[4]
Lot Line Setbacks, Minimum
Front 5 ft.

Rear No minimum [5]
Interior Side No minimum
Street Side 5 ft.

23.304.030 –
Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum No maximum.

Notes:
[1] Maximum 1.5 for buildings with 50 percent or more live/work floor area [2] Maximum 35 ft. with a Use Permit.
[3] Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.
[4] Maximum 3 stories for arts/craft studios and light manufacturing (with no other non- residential uses) on a block without dwelling units.
[5] Minimum 5 ft. if rear of lot abuts a street.

Section 7. That BMC Section 23.326.030(D)(2) is amended to read as follows:

2. In the event that a demolished Residential Unit is not a Protected Unit under BMC 23.326.020(A)(5)(a) or (b) and the income of the displaced household is unknown, the Residential Unit shall be presumed to have been occupied by Low- or Lower-Income renter households in the same proportion as Residential Units throughout the City. The City shall rely upon US Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) data to determine the number of such Residential Units that must be replaced with Affordable Units as defined in Chapter 23.328.

Section 8. That BMC Section 23.326.040(B)(1) is amended to read as follows:

1. The building Residential Unit(s) was removed from the rental market through a no- fault eviction during the preceding five years; or

Section 9. 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 Maudelle Shirek Building, 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.

Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE: October 8, 2025
TO: Members of the Planning Commission
FROM: Robert Rivera, Senior Planner
SUBJECT: Amendments to Title 23 for Consistency with State Law and Technical Edits (SLTE 2025)

RECOMMENDATION
Conduct a public hearing, receive public comment, and upon conclusion make a recommendation to City Council on proposed amendments to Title 23 (Attachment 1).

The proposed changes apply to the sections of the Berkeley Municipal Code (BMC) listed below:
• 23.202.030 Additional Permit Requirements (Residential) • 23.202.050 R-1 Single Family Residential District
• 23.202.080 R-2 Restricted Two-Family Residential District • 23.202.090 R-2A Restricted Multiple-Family Residential District • 23.202.100 R-3 Multiple-Family Residential District
• 23.206.090 MU-R Mixed Use Residential District
• 23.326.030 Demolition of Residential Units
• 23.326.040 Eliminating Dwelling Units through Combination with Other Units

SUMMARY
As part of regular and routine updates, staff has prepared non-substantive Zoning Ordinance amendments to maintain consistency and accuracy throughout the Zoning Ordinance.

Item 10B: SLTE Staff Report
Planning Commission
October 8, 2025
Attachment 2

CURRENT SITUATION AND ITS EFFECTS
The Zoning Ordinance is regularly reviewed for consistency with state laws related to land use and zoning. While some state laws may require more extensive amendments or require changes to the City’s internal permitting procedures to be consistent, the proposed zoning amendments constitute only minor technical amendments to maintain consistency.

BACKGROUND
On October 12, 2021, the City Council passed Ordinance No. 7,787-N.S., which replaced Title 23 of the Berkeley Municipal Code and adopted a new Title 23 to make the City’s Zoning Ordinance easier to understand and administer. The City Council gave staff direction to make minor changes to comply with state law or codify prior zoning interpretations. Staff was directed to regularly return to the Planning Commission and City Council with amendments necessary to maintain the integrity of the new Zoning Ordinance.

The proposed zoning amendments are part of the regular and routine maintenance of the Zoning Ordinance and include corrections and technical edits to ensure consistency throughout the Zoning Ordinance. (Attachment 1)

DISCUSSION
The proposed zoning amendments are technical, non-substantive changes intended to correct errors, clarify language, and codify existing practices. The following revisions are proposed:

Table 1 Policy Summary and Zoning Amendment Proposals
Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment
1)

1. 23.202.030(A) Additional Permit
Requirements • Codify Existing Practice 1

2. Tables 23.202-2;

23.202-5; 23.202-9;

23.206-14;
Development
Standards • Clarification of
maximum height being
35 and 3 stories.
2 3
4 6

3. Table 23.202-11 Development
Standards • Correct a transmittal
error for lot coverage for
interior and through lots.
3 stories should permit
a 40% coverage not
30%.
5 4. 23.326.040(B) Eliminating
Dwelling Units
through
Combination with
Other Units.
• Correct the term
building which should
be Residential Unit(s)
7 Item 10B: SLTE Staff Report
Planning Commission
October 8, 2025

Section Section Title Proposed Zoning Change Ordinance
Sections
(Attachment
1)

5. 23.326.030(D)(2) Demolition of
Residential Units • Clarification of the
application of the
section condition
8 ENVIRONMENTAL REVIEW
The proposed ordinance corrects errors, clarifies language and codifies existing practice. The proposed Zoning Ordinance amendments do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA. Adoption of the proposed amendments would in no way have a significant effect on the environment, and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance.

CONTACT PERSON
Robert Rivera, Senior Planner, Planning and Development Department, 510-981-7480

ATTACHMENTS

1. Draft Planning Commission Resolution
Zoning Ordinance Amendments

2. Public Hearing Notice
Item 10B: SLTE Staff Report
Planning Commission
October 8, 2025

Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
AMENDMENTS TO BMC TITLE 23 ZONING
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, November 18, 2025 at 6:00 P.M. a public hearing will be conducted to consider the Planning and Development Department proposal to amend the following sections of the City’s Zoning Ordinance (Title 23) in order to maintain consistency and accuracy throughout the Berkeley Municipal Code (BMC). The proposed amendments do not include any substantive policy changes.
 23.202.030 Additional Permit Requirements (Residential)  23.202.050 R-1 Single Family Residential District
 23.202.080 R-2 Restricted Two-Family Residential District  23.202.090 R-2A Restricted Multiple-Family Residential District  23.202.100 R-3 Multiple-Family Residential District
 23.206.090 MU-R Mixed Use Residential District
 23.326.030 Demolition of Residential Units
 23.326.040 Eliminating Dwelling Units through Combination with Other Units The hearing will be held on November 18, 2025 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Robert Rivera, Senior Planner at (510) 981-7480 A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of November 06, 2025. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Written comments should be mailed or delivered directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to
[email protected] in order to ensure
delivery to all Councilmembers and inclusion in the agenda packet.

Communications to the Berkeley 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 or in person to the City Clerk. 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 at (510) 981-6900 or [email protected] for further information.

Published: November 7, 2025 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 November 06, 2025.
__________________________________
Mark Numainville, City Clerk

Berkeley City Councilmember, Mark Humbert, District 8
[email protected]
Berkeley Mayor, Adena Ishii
Berkeley City Councilmember, Rashi Kesarwani, District 1 Berkeley City Councilmember, Cecilia Lunaparra, District 7 2180 Milvia Street, 5th Floor
Berkeley, CA 94704

ACTION CALENDAR
November 18, 2025
To: Members of the Berkeley City Council
From: Councilmember Mark Humbert (Author), Mayor Adena Ishii (Co-Author), Councilmember Rashi Kesarwani (Co-Author), Councilmember Cecilia Lunaparra (Co-Author)
Subject: Pausing City of Berkeley authorization for Mills Act Agreements

RECOMMENDATION
Adopt a Resolution pausing the City of Berkeley's authorization to use Mills Act Agreements for historic property preservation, deferring or denying all pending applications as of November 19, 2025, and allowing existing contracts to expire without renewal unless the City Council takes future action to reauthorize the program.

FINANCIAL IMPLICATIONS
Mills Act contracts reduce City property tax revenues by providing tax relief to participating property owners. At a time when Berkeley faces significant short-term budget shortfalls and long-term structural deficits, pausing the program will prevent further erosion of the property tax base and allow existing contracts to expire naturally over their remaining terms, gradually restoring full property tax revenues to the City.

Passing this item would also reduce staff time associated with the preparation and execution of Mills Act Agreements. This item would therefore incur no increased costs for the City and may, to a degree, improve the City’s financial circumstances.

BACKGROUND
The Mills Act (California Government Code §50280 et seq.) was introduced in response to the potential demolition of the historic Hotel Del Coronado in southern California.1 This State law authorizes, but does not require, cities to enter into contracts with owners of qualified historical properties to provide property tax reductions in exchange for commitments to maintain and restore the properties' historical characteristics. The Berkeley City Council authorized participation in the Mills Act program through Resolution No. 59,355-N.S. on February 24, 1998, enabling property owners to apply 1 Los Altos History Museum, Historic Properties and the Mills Act Subject of History Museum Program,https://www.losaltoshistory.org/2021/04/historic-properties-and-the-mills-act-subject-of-history- museum-program/, Accessed on October 9, 2025.

30

Pausing City of Berkeley authorization for Mills Act Agreements

ACTION CALENDAR
November 18, 2025

for these agreements. That original resolution included provisions empowering the City Manager to defer new and pending Mills Act contracts during times of fiscal distress.

CURRENT SITUATION AND ITS EFFECTS
As authorized by the City Council in 1998, the City currently administers multiple Mills Act Agreements. However, it is unclear whether that property tax relief is effectively promoting historic preservation that would not otherwise occur.

Berkeley's high home values and
land values, combined with
existing demolition prohibitions for
designated landmarks, raise
questions about whether the tax
incentive is necessary to achieve
preservation goals and whether
the tax incentive is successful in
achieving our preservation goals
by supporting resource-limited
property owners. Furthermore,
available data indicate that the
majority of Mills Act agreements
are concentrated in high-resource
areas of Berkeley.2
The City does not currently
maintain a formal, publicly-accessible database or list of Mills Act agreements in Berkeley. Thankfully, citizen data sleuths have investigated this issue and created informal lists of such agreements, subject properties, estimated tax revenue losses, and what if any permits have been pulled for work on these properties. And the Landmarks Preservation Commission has also been investigating the cost/benefit balance of maintaining Mills Act Agreements.

These citizen-collected data indicate that the City currently has 47 Mills Act Agreements with a total net cost to the City of approximately $600,000 annually. Moreover, in many cases, it is unclear at best whether these tax breaks have resulted in work essential to historic preservation. In many cases, the permits pulled for subject properties appear unrelated to the preservation of historic elements and instead include items such as 2 Jeffrey Baker, Berkeley Mills Act Parcels, https://observablehq.com/@jwb/berkeley-mills-act-parcels, Accessed on October 9, 2025.

Pausing City of Berkeley authorization for Mills Act Agreements

ACTION CALENDAR
November 18, 2025

furnace replacement, solar panel installation, and interior remodels. In some cases, properties have received a tax benefit but appear not to have undergone any maintenance that required a City permit.3

RATIONALE FOR RECOMMENDATION
Pausing the Mills Act program is warranted for several reasons:
● Berkeley has already codified prohibitions on the demolition of designated City landmarks, providing a regulatory backstop for historic preservation without requiring tax subsidies.
● The City's high property values generally ensure that only those with the means to maintain historic properties can purchase them, reducing the need for financial incentives.
● The concentration of Mills Act contracts in high-resource areas raises equity concerns about the distribution of tax benefits.
● Given Berkeley's severe budget challenges, the ongoing revenue loss from Mills Act contracts exacerbates fiscal deficits. And the original 1998 resolution anticipated such circumstances by authorizing deferral during fiscal distress, making this action consistent with the program's original framework.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Historic preservation can, in some cases, support environmental sustainability by promoting the reuse and maintenance of existing building stock rather than demolition and new construction, which typically involves significant embodied carbon and resource consumption—although these environmental benefits may be outweighed through improved energy efficiency, removal of hazardous materials (e.g., lead paint), and increased housing in areas with jobs and transit access.

Nevertheless, this resolution does not eliminate Berkeley's historic preservation protections, as demolition prohibitions for designated landmarks remain. The pause of Mills Act Agreements addresses the financial mechanism for incentivizing preservation rather than the underlying preservation requirements themselves, and therefore would not significantly impact the City's environmental sustainability or climate goals.

POSSIBLE FUTURE ACTION
The City Council may choose to reauthorize the Mills Act program in the future if fiscal conditions improve or if the program can be restructured to better serve the City's goals. 3 Jeffrey Baker, Berkeley Mills Act Contracts,
https://docs.google.com/spreadsheets/d/14OpRkSEjTsBovxD9Rb6eP0kOhUrFPCJ2_HEHl2xsSA0/edit?g id=0#gid=0, Accessed on October 9, 2025.

Pausing City of Berkeley authorization for Mills Act Agreements

ACTION CALENDAR
November 18, 2025

Potential modifications could include enhanced monitoring and accountability measures, income-based eligibility requirements to improve equity, concentration on properties facing genuine preservation threats, or limitations on the number or geographic distribution of contracts. The Council could also consider establishing performance metrics and requiring detailed preservation plans before approving future agreements.

Any reauthorization would require Council action through a subsequent resolution.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
If the City Council chooses to reauthorize the Mills Act program in the future, there would be renewed fiscal impacts in the form of reduced property tax revenues from newly executed contracts. The magnitude of impact would depend on the number, assessed value, and tax reduction percentage of approved agreements. A restructured program with tighter eligibility criteria or caps on total contracts could limit fiscal exposure. Conversely, maintaining the current pause would allow property tax revenues to gradually return to full assessment levels as existing contracts expire, improving the City's long-term fiscal position. Any future reauthorization should include a fiscal analysis estimating the revenue impact based on the proposed program specifics.

CONTACT PERSON
Councilmember Mark Humbert — [email protected], 510-981-7180 Attachments

1. February 24, 1998 Resolution no. 59,355- N.S. Authorizing the use of Mills Act agreements for historic property preservation

2. Table showing citizen-created list of City of Berkeley Mills Act Agreements and associated information/cost estimates. (Provided courtesy of Jeffrey Baker and City of Berkeley Landmarks Commissioner Paul Schwartz)

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

PAUSING CITY OF BERKELEY AUTHORIZATION FOR MILLS ACT AGREEMENTS WHEREAS, California Government Code Sections 50280 et seq. (commonly known as the Mills Act) authorizes, but does not require cities to enter into contracts with the owners of qualified historical property to provide for such property's use, maintenance, and restoration as to retain its characteristics as property of historical significance; and WHEREAS, the Council of the City of Berkeley authorized the use of Mills Act Agreements for historic property preservation in Resolution No. 59,355- N.S. on February 24, 1998; and WHEREAS, the Mills Act was originally introduced in response to the potential demolition of the historic Hotel Del Coronado in southern California; and WHEREAS, the City of Berkeley already has codified prohibitions on the demolition of designated City of Berkeley landmarks; and
WHEREAS, Berkeley home prices and land values generally preclude those who cannot afford to maintain historic properties from purchasing them; and WHEREAS, the majority of Mills Act contracts in Berkeley are for parcels in high-resource areas of the city; and
WHEREAS, the City of Berkeley faces significant short-term budget shortfalls and long-term, structural budget deficits; and
WHEREAS, Mills Act contracts reduce City property tax revenues, thereby exacerbating budget shortfalls; and
WHEREAS, this directive is consistent with provisions of the original February 24, 1998 Mills Act enabling resolution NO. 59,355- N.S. from the Berkeley City Council, which empowered the City Manager to defer new and pending Mills Act contracts during times of fiscal distress.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley revokes authorization of the use of the agreements for historic property preservation as specified in California Government Code Sections 502008, et seq., for qualified historical properties as of November 19, 2025.

BE IT FURTHER RESOLVED, that all pending applications as of the effective date hereof (November 19, 2025) shall be deferred or denied unless and until the City Council takes further action to reauthorize the use of the agreements for historic property preservation as specified in California Government Code Sections 502008, et seq., for qualified historical properties.

BE IT FURTHER RESOLVED, that any existing Mills Act Contracts shall be allowed to expire at the end of their contract terms and shall not be considered for renewal unless and until the City Council takes further action to reauthorize the use of the agreements for historic property preservation as specified in California Government Code Sections 502008, et seq., for qualified historical properties.

BE IT FURTHER RESOLVED, that City staff are directed to update the City website to indicate that Mills Act Agreement applications are no longer being accepted and to remove application forms and materials.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

ACTION CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (author), Councilmember Kesarwani (co-sponsor), and Councilmember Humbert (co-sponsor)
Subject: Unmanned Aerial Systems and Drones as First Responders

RECOMMENDATION
Refer to the City Manager the initiation of the process outlined by BMC 2.99: Surveillance Technology Ordinance (STO) for the Berkeley Police Department (BPD) to acquire and use Unmanned Aerial Systems (UAS), including Drones as First Responders (DFR), consistent with all auditing, transparency, data and privacy protections required for all use policies and acquisition reports under the STO.

POLICY COMMITTEE RECOMMENDATION
On October 16, 2025 the Public Safety Committee adopted the following action: M/S/C (Kesarwani/O’Keefe) to send the item with a positive recommendation to Council.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley, like many municipalities, is navigating the dual challenge of increasing public safety demands and constrained departmental resources. At the same time, the public expects rapid, transparent, and equitable responses to emergencies, complex incidents, and quality-of-life issues.

In this context, Unmanned Aerial Systems (UAS) and Drones as First Responders (DFR) are emerging as tools with the potential to significantly enhance public safety operations, emergency response capabilities, and resource efficiency. Many jurisdictions—including San Francisco, Richmond, Santa Monica, and Alameda County—have implemented such programs to reduce response times, improve situational awareness, and increase officer and community safety.

In 2023, BPD completed an STO process, allowing requests for drone mutual aid from other agencies. Those deployments have successfully protected the lives of community members, suspects, and officers. However, reliance on outside agencies restricts availability, creates unpredictable costs, and prevents the development of a DFR program. To realize the full benefits of drone technology, Berkeley should move toward acquiring its own systems.

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Unmanned Aerial Systems and Drones as First Responders ACTION CALENDAR November 18, 2025

As interest in UAS and DFR capabilities grows—particularly for applications such as search and rescue, disaster response, and crime scene documentation—it is critical that Berkeley move proactively, ensuring any exploration or potential implementation is rooted in community values, transparency, and civil liberties.

BACKGROUND
Across California and the United States, local governments and public safety agencies are adopting Unmanned Aerial Systems (UAS) and Drones as First Responders (DFR) to address evolving operational challenges. These technologies are increasingly viewed as critical tools for supporting effective, timely, and equitable emergency response, especially in cities facing staff shortages, high service demands, and climate-related emergencies.

UAS are remotely piloted aircraft systems typically operated by trained personnel during active incidents to support operations such as search and rescue, missing persons cases, traffic collision investigations, and crime scene documentation. More advanced models of deployment—such as DFR—enable drones to be autonomously dispatched from pre-positioned locations in response to 911 calls, often arriving before human responders and streaming live video to dispatch and field units. This real-time aerial intelligence can help prevent unnecessary use of force, support de-escalation, and reduce officer risk.

Peer jurisdictions—including San Francisco, Richmond, Santa Monica, and Alameda County— have implemented drone programs to enhance operational capacity while maintaining strong public accountability. This referral authorizes the City Manager to evaluate the feasibility of a drone program to assess its technical, legal, and financial dimensions, as well as its potential benefits and risks in Berkeley. Early conversations have identified applications for multiple City departments, including disaster response, infrastructure inspection, and environmental monitoring.

Establishing a citywide UAS program is a proactive step that allows Berkeley to thoughtfully assess whether, how, and under what conditions such technology may be used.

RATIONALE
The development of a citywide Unmanned Aerial Systems (UAS) Use Policy is both a timely and necessary step for ensuring that emerging public safety technologies are evaluated through the lens of transparency, equity, and community oversight.

As the capabilities of drones continue to evolve and their adoption by peer cities increases, Berkeley has the opportunity to proactively shape policy rather than react to technological change. Establishing a thoughtful, community-informed framework ensures that any future deployment of drones—whether by the Police Department, Fire Department, or other City divisions—aligns with Berkeley’s values of racial justice, civil liberties, and environmental responsibility.

Drone technologies can provide clear benefits: faster and safer emergency response, improved situational awareness, enhanced de-escalation, and more efficient allocation of limited personnel.

Unmanned Aerial Systems and Drones as First Responders ACTION CALENDAR November 18, 2025

They can also support climate resiliency and disaster preparedness by enabling real-time damage assessments and safe inspections of inaccessible infrastructure.

However, these tools are not without risk. Improper or unregulated use could lead to violations of privacy, disproportionate surveillance of marginalized communities, disruption to wildlife, or erosion of public trust. A UAS Use Policy must therefore include robust safeguards consistent with the STO: clear delineation of use, accountability mechanisms, transparency in flight activity, and annual reporting on impacts and outcomes.

In authorizing the City Manager to lead this policy development process, the City Council ensures that the exploration of drone programs proceeds deliberatively, inclusively, and under public oversight. Guided by the STO, this referral lays the groundwork for a policy that is not only operationally effective but also democratically legitimate and reflective of the needs and rights of Berkeley residents. Submitting a UAS acquisition report and use policy will support informed, collaborative, and accountable exploration of this technology across departments, and ensure that any deployment aligns with Berkeley’s commitment to public trust, environmental stewardship, and racial and social equity.

As outlined in the STO, the use policy, and acquisition report shall include:
● An interdepartmental assessment of potential operational uses by public safety and non- public safety departments;
● Consideration of technical requirements, legal and regulatory frameworks, civil liberties and privacy protections, and equity implications;
● Community engagement and best practices for transparency and accountability. ● Updates on training and data handling procedures.
● A requirement for annual public reports detailing:
○ instances of drone deployment;
○ departmental uses and impacts on operations;
○ community outcomes;
○ compliance audits.

FISCAL IMPACTS
Staff time will be required for the coordination and completion of the policy development and reporting framework. Any future proposals for equipment procurement, pilot programs, or department-level deployment would be subject to separate City Council review and approval, including full fiscal analysis at that stage.

Unmanned Aerial Systems and Drones as First Responders ACTION CALENDAR November 18, 2025

The current referral does not refer funding for the procurement or implementation of any UAS or DFR system. It initiates a policy development process, which may be supported by existing department resources and informed by peer city frameworks.

Staff may also explore the availability of state, to support policy infrastructure development related to drone oversight, civil liberties protections, or emergency preparedness

ALTERNATIVES CONSIDERED
The City could defer engagement with drone policy or allow departments to act independently without a unifying framework. However, this risks uncoordinated use, inconsistent standards, and diminished public trust. Proactively developing a citywide policy ensures consistent standards, transparency, and safeguards before any implementation occurs.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 E-Mail: [email protected] Website: https://berkeleyca.gov/your-government/city-audits

INFORMATION CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: 2025 Audit Follow-up Status Update

INTRODUCTION
This item provides a status update on the audit follow-up of all recommendations since our last report on December 19, 2024. Administrative regulations require the City Auditor to monitor the status of outstanding audit recommendations and periodically report to City Council.

CURRENT SITUATION AND ITS EFFECTS
We follow up on audits to assess whether city departments implemented the audit recommendations. The Auditor’s Office issues annual follow-up audit reports to City Council on the status of our recommendations.

As of October 28, 2025, there are currently 48 open recommendations across 4 departments as well as the Mayor and City Council. We additionally marked 23 outstanding audit recommendations as implemented this cycle. Departments have implemented 45 of the 94 (48 percent) audit recommendations released since 2020.1 Compared to the last follow-up period’s implementation rate of 37 percent, the rate has increased by 11 percentage points.

Figure 1. There are currently 48 open recommendations across 4 departments as well as the Mayor and City Council.

Source: Auditor’s analysis
1 The 2019 domestic violence policy audit is still open past the five-year mark to allow soon-to-be- implemented recommendations to be finalized. In this period, departments dropped 1 audit recommendation.

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Audit Follow-up Process Update INFORMATION CALENDAR
November 18, 2025

Figure 2. Departments have implemented 23 outstanding audit recommendations in this cycle.

Note: This reporting period covers November 7, 2024 through September 24, 2025.

Source: Auditor’s Analysis

During this audit follow-up cycle of November 7, 2024 to September 24, 2025, we closed 3 out of 10 audits that were still open at the beginning of the period. Audits are closed when all recommendations are implemented, or if they are older than five years. After five years, recommendations that are not implemented are marked as “dropped” on the online dashboard.

This cycle, we closed the 2022 police overtime audit2 and the 2020 streets audit3 after the Police Department and Public Works successfully implemented all remaining recommendations for each audit. We also closed the 2020 Berkeley Public Library audit4 after all recommendations were implemented except for one. We dropped the final recommendation because it passed the five-year mark.

In this reporting period, Public Works provided their first update on our office’s follow-up report on the 2009 audit of City leases,5 which was released in January of this year. Since January, Public Works has started work on most of our recommendations. They now have a staff member filling the role of Real Property Administrator who is working with an interdepartmental team on a property management plan and leading the development of a complete central inventory of leases and licenses.

The City Manager’s Office and Human Resources have made significant progress on the 2023 staff shortages audit.6 In this period, the City Manager and Human Resources have each implemented 6 audit recommendations from this audit— bringing the overall number of implemented recommendations from 3 to 15 (out of 25 total). For example, HR launched a comprehensive training program for staff at all levels through NEOGOV Learn. This training program includes the Supervisor Learning Plan, a hybrid experience for supervisors and

2 Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities 3 Rocky Road: Berkeley Streets at Risk and Significantly Underfunded 4 Berkeley Public Library Uses Tax Funds by the Book, But More Internal Controls Needed 5 2009 Leases Audit Follow-Up: Berkeley Faces the Same Risks 16 Years Later 6 Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring

Audit Follow-up Process Update INFORMATION CALENDAR
November 18, 2025

managers to learn how to be effective leaders in the City and support the overall City workforce.

Another accomplishment includes city management’s enhanced communication strategy, including department open houses, a weekly wrap-up email to all staff, online town halls, and annual manager meetings, to improve employee engagement.

Human Resources has also made strides on the 2019 domestic violence policy audit7 and implemented 5 out of 6 total recommendations in this period alone. For example, HR recently launched the updated Administrative Regulation 2.21 titled “Leave Policy for Absence Related to Acts of Violence.” The new policy incorporates model policy elements and includes comprehensive guidance for employees experiencing acts of violence.

The Health, Housing and Community Services’ (HHCS) Environmental Health Division demonstrated progress on most recommendations from the 2024 restaurant inspections audit.8 According to the Division, all high and very high risk facilities that were not inspected in 2023 have now been inspected, and they have established a baseline inspection target of at least one inspection per year per facility. However, the Division reversed their progress on one recommendation after removing information about food inspections that was previously provided on the City’s Open Data Portal. The Division is reportedly transitioning to an upgraded database system and plans to enable public access to food facility inspection results, but the timeline for implementation is unclear.

BACKGROUND
The City Auditor’s Office has a mission to promote transparency and accountability in Berkeley government. We conduct independent performance audits to evaluate city operations and programs and make recommendations to improve operations and services and ensure productive use of taxpayer funds. We focus on equitable, efficient, and effective use of city resources to achieve goals and objectives.

Following up on audit recommendations is an important part of the audit process that helps hold departments accountable for implementing agreed-upon audit recommendations. To further that goal, our office launched an online dashboard to track the status of outstanding audit recommendations in September 2022. Additional up-to-date information on each audit recommendation is available on our online dashboard on our website.

While we understand that some departments face staffing challenges that make it difficult to prioritize audit recommendations, not implementing the recommendations can mean that the City is not addressing the risks identified in audits or making needed improvements to operations or services.

7 Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees 8 Berkeley Restaurant Inspections: Chronically Understaffed Program Did Not Meet Targets

Audit Follow-up Process Update INFORMATION CALENDAR
November 18, 2025

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
While there may be environmental impacts associated with some audit recommendations, there are no identifiable environmental effects or opportunities associated with the audit follow-up process.

CONTACT PERSON
Jenny Wong, City Auditor, (510) 981-6750

Attachment:
1: Recommendations Follow Up Report 2025

Promoting transparency and accountability in Berkeley government Annual Audit
Recommendation
Follow-Up Report
Status Update
October 28, 2025

Audit Recommendation Follow-Up Report: October 28, 2025

2 Background
The mission of the Berkeley City Auditor is to promote transparency and accountability. Each audit report we issue includes recommendations for how the audited department can serve Berkeley residents more equitably, efficiently, and effectively. Following up on audit recommendations helps hold departments accountable for implementing the improvements they agreed to. Additional up-to-date information on each audit recommendation is available on our online dashboard on our website.

Implementation Status of Recommendations
In our last audit follow-up report on December 19, 2024, there were 58 open recommendations. Since then, we have issued one performance audit which added six new recommendations and a follow-up report which re- opened eight recommendations from the 2009 Leases Audit.

Figure 1. There are currently 48 open audit recommendations across 4 departments as well as the Mayor and City Council.

Source: Auditor’s Analysis
Management has continued to make progress towards implementing open audit recommendations across 10 audits. During this reporting period, management has implemented 23 of the outstanding recommendations.

However, the Berkeley Public Library dropped one partly implemented recommendation because it passed the five-year mark. This recommendation was the final outstanding recommendation from the 2020 Berkeley Public Library audit, so our office formally closed this audit.

Figure 2. Departments implemented 23 recommendations during this reporting period.

Note: This reporting period covers November 7, 2024 through September 24, 2025.

Source: Auditor’s Analysis

Audit Recommendation Follow-Up Report: October 28, 2025

3 We use the following statuses to report on the implementation of audit recommendations:

Implemented Auditee has completely implemented the recommendations.

Partially Implemented Auditee has implemented 50 percent or more of the recommendation.

Started Auditee has started to address the recommendation but has not reached the 50 percent threshold.

Not Started Auditee has not yet taken action to implement the recommendation.

Dropped Auditee has accepted the risk to the city that the recommendation is meant to address and is unable or unwilling to implement the recommendation.

Additionally, all open recommendations will be reported as dropped if they are not implemented within five years of audit issuance.1
Table 1. Status of Recommendations by Audit
Audit Department Issued Date
Implemented
Partially
Implemented
Started
Not Started
Dropped
Total
Homeless Response Team: Opportunities
Exist to Strengthen Procedures and Better
Track Outcomes
City Manager 7/16/2025 0 0 0 6 0 6
2009 Leases Audit Follow-Up: Berkeley Faces
the Same Risks 16 Years Later
City Manager, Finance,
Public Works 1/24/2025 0 0 7 1 0 8
Berkeley Restaurant Inspections: Chronically
Understaffed Program Did Not Meet Targets
Health, Housing and
Community Services 7/10/2024 1 6 0 2 0 9
Staff Shortages: City Services Constrained by
Staff Retention Challenges and Delayed
Hiring
City Manager, Human
Resources, Mayor and
Council
6/22/2023 15 5 4 1 0 25
Berkeley's Financial Condition FY 2012-
FY2021: Pension Liabilities and Infrastructure
Need Attention
City Manager (Budget
Office), Finance, Public
Works
5/5/2022 1 3 1 0 0 5
Berkeley Police: Improvements Needed to
Manage Overtime and Security Work for
Outside Entities
Police 3/3/2022 12 0 0 0 0 12
Fleet Replacement Fund Short Millions Public Works 6/2/2021 1 11 0 0 0 12 Rocky Road: Berkeley Streets at Risk and
Significantly Underfunded Public Works 11/19/2020 5 0 0 0 0 5 Berkeley Public Library Uses Tax Funds by
the Book, But More Internal Controls Needed Library 8/27/2020 5 0 0 0 1 6 Domestic Violence Response: Berkeley
Needs a Comprehensive Policy to Support
City Employees
Human Resources 10/10/2019 5 1 0 0 0 6

1 The 2019 domestic violence policy audit is still open past the five-year mark to allow soon-to-be-implemented recommendations to be finalized.

Mission Statement
Promoting transparency and accountability in Berkeley government.

City Auditor
Jenny Wong

Performance Audit Team
Caitlin Palmer, Audit Manager
Erin Mullin, Audit Manger
Pauline Miller, Auditor II
Kendle Kuechle, Auditor II
Katie Wysong, Auditor I
Manami Suenaga, Auditor I

Office of the City Auditor
Phone: (510) 981-6750
Email: [email protected]
Website: https://berkeleyca.gov/your-government/city-audits

Cover photograph provided by the City of Berkeley

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981 -6750 ● TDD: (510) 981-6903 E-mail: [email protected] Website: http://www.berkeleyca.gov/your-government/city-audits

INFORMATION CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: Independent Third -Party Audit of the Payroll Audit Division

INTRODUCTION
We present a performance audit of our Payroll Audit Division’s operations. The government auditing standards we adhere to require that we assess all potential threats to our independence at the beginning of an audit and design appropriate safeguards. Placement of the Payroll Audit Division within our office means that we can’t audit payroll activities in accordance with audit standards because of an appearance of lack of independence. To safeguard our independence as we have done in prior years, we contracted with independent third -party auditor GPP Analytics to conduct this audit.

CURRENT SITUATION AND ITS EFFECTS
Overall, GPP found that the Payroll Audit’s procedures ensured City employees received accurate pay and benefits in the sample data they tested. GPP also found that Payroll Audit’s staff and management demonstrated a detailed command of critical payroll elements within their complex operating environment. They correctly applied various payroll, labor, and statutory rules, ensuring high -risk components of each payroll are handled accurately despite system constraints. GPP also noted that Payroll Audit works proactively to ensure timely, accurate processing of payroll.

GPP cited some areas of concern related to Payroll Audit’s payroll manual that became outdated when the City implemented it s new financial system (ERMA) . Payroll Audit initially waited to update the manual to have time to learn the complex new system and include information about it in the manual. Once ERMA was implemented, payroll errors from department payroll clerks increased from an average of 6.7 percent to 94.5 percent . This significantly increased Payroll Audit’s workload to correct the errors, limiting the resources they c ould dedicate to updating the manual while also needing to ensure accurate biweekly payroll. GPP also found that manual transcription and prefilled timecards introduced inefficiencies and risk of error, and identified data security risks that the City needs to address. However, GPP did not find any material errors that weren’t previously identified and corrected by the Payroll Audit Division.

33

Independent Third-Party Audit of the Payroll Audit Division INFORMATION CALENDAR November 18, 2025
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As GPP observed, an important consideration for implementing the recommendations is that Payroll Audit functions within a broader system of rules and regulations, but does not have authority to interpret or change them. Payroll Audit’s role is limited to applying employee pay rules as interpreted by Human Resources and city management. The payroll process also requires technology systems that involve collaboration with Information Technology.

With those considerations in mind, GPP made seven recommendations to our office to consider for strengthening controls and mitigating risks surrounding the payroll process, including the following:
• Work with the City Manager’s Office, Human Resources, Information Technology, and stakeholder departments to develop and maintain a single Citywide Payroll Policy and Procedure Manual.
• Request that the City Manager’s Office and the Information Technology Department re- prioritize the implementation of an electronic timekeeping system. • Work with the City Manager’s Office and the Information Technology Department to ensure that if an electronic timekeeping system is implemented, it prohibits departments from using prefilled timecards within the system.

BACKGROUND
The City of Berkeley’s Payroll Audit Division organizationally sits within the City Auditor’s Office .

While the Payroll Audit Division is one of the smaller divisions in terms of staff, it has one of the largest jobs: processing biweekly payroll for the approximately 1,800 individuals employed by the City. In fiscal year 2025, personnel costs represented approximately 65 percent of the City’s General Fund budget, and the Payroll Audit Division processed approximately 46,800 checks and direct deposits.

We periodically initiate independent third -party audits of the Division’s internal controls to ensure there are sufficient safeguards against fraud, waste, and abuse, and to ensure pay is accurate and complies with policies and regulations. The timing of this audit was strategic due to the anticipated retirements of several Payroll Audit staff. The Division has also experienced significant changes in operations with the implementation of the City’s new financial and payroll system ERMA. This was an opportun e time to identify areas for improvement to ensure that Payroll Audit has the controls in place to consistently produce accurate, timely payroll.

Independent Third-Party Audit of the Payroll Audit Division INFORMATION CALENDAR November 18, 2025
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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The payroll process as it currently exists is a labor -intensive, manual, and partly paper-based process. The City would make progress toward its sustainability goals by a dopting electronic payroll processes where possible.

POSSIBLE FUTURE ACTION
Some of the report’s key findings require the Payroll Audit to collaborate with other departments to strengthen safeguards related to payroll and ensure ongoing timely, correct pay for City employees. Payroll Audit will facilitate this collaboration to implement the recommendations .

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Implementing the recommendations from this audit will require dedication of staff resources and possible funding to address data system issues. Implementation will progress as resources allow.

CONTACT PERSON
Jenny Wong, City Auditor, City Auditor’s Office, 510 -981-6750 Attachments:
1: Audit Report: Independent Third -Party Audit of the City of Berkeley’s Payroll Audit Division

2 TRANSMITTAL LETTER ........................................................................................................................3 INTRODUCTION .................................................................................................................................5 FINDINGS ...........................................................................................................................................9 Finding 1: Updating and Maintaining a City Wide Payroll Manual Would Improve Consistency and Lower Compliance Risk .............................................................................................................. 9 Finding 2: Time is Manually Transcribed, and an Electronic Time Entry System Would Reduce Risk of Errors and Save Time .......................................................................................................... 13 Finding 3: Prefilled Timecards Lead to More Adjustments ............................................................ 16 Finding 4: Finding Involving Sensitive Security Information.......................................................... 19 RECOMMENDATIONS LIST ................................................................................................................ 20 OTHER PERTINENT INFORMATION .................................................................................................... 21 We Identified One Case That Warrants Further Review Regarding How Salaries Are Calculated and Displayed in ERMA ................................................................................................................... 21 Sensitive Security Topic .................................................................................................................. 22 APPENDIX A: PAYROLL CLERK SURVEY DETAILS ................................................................................. 23 AUDITEE RESPONSE LETTER .............................................................................................................. 31

3 Dear City Auditor Wong,
We are pleased to present the audit report for the Independent Third-Party Audit of the City of conducted by GPP Analytics Inc. for the City of Berkeley California.

Our audit was conducted in compliance with the Generally Accepted Government Auditing Standards (GAGAS) of the U.S. Government Accountability Office.

The primary objective of our audit was to evaluate
internal controls against fraud, waste, and abuse, and to ensure the accuracy and fairness of payroll practices in compliance with relevant policies and regulations.

The following is a summary of the audit findings in the report:

Finding 1: Updating and Maintaining a City Wide Payroll Manual Would Improve Consistency and Lower Compliance Risk. wide payroll manual is from 2011 and does not reflect ERMA/Tyler Munis or more recent labor agreements. Departments have filled the void with their own procedures, creating risk of variability and added workload. We recommend that Information Technology, and other departments, develop and maintain a single, detailed payroll policy and procedure manual. It should include ERMA workflows, practical guidance for applying MOUs, clearly assigned roles, and a recurring review cycle at least every three years or after significant system or contract changes.

Finding 2: Time is Manually Transcribed and an Electronic Time Entry System Would Reduce Errors and Save Time. Across departments, including Police and Fire, hours are re typed into ERMA from paper or separate systems (CAREWARE and TeleStaff). Manual transcription is inefficient and increases the risk of discrepancies. We estimate departmental payroll clerks spend about 5,299 hours per year on transcribing data into ERMA. We recommend implementing electronic time entry and integrating Police and Fire scheduling data with ERMA so that time flows system to system and staff effort can shift from typing to review and validation.

Finding 3: Prefilled Timecards Lead to More Adjustments. Some departments submit prefilled timecards before the pay period ends. In our random sample of 30 timecards, three (10%) required correction. Prefilling increases the chance that actual hours will differ from what was submitted. We recommend implementing electronic time entry to eliminate forecasting. Until then, departments that use prefilled timecards should send an end of period reminder prompting employees to review and confirm entries before clerks submit them.

Finding 4: Finding Involving Sensitive Security Information. The details of this finding are issued as a separate confidential report due to sensitive security information that could be used to harm the City. The finding addresses opportunities for improvement and risk reduction.

In addition to the four findings, this audit report includes a section titled Other Pertinent Information for observations and information that fall outside of the normal finding structure. : One test case during our audit showed
allowances and one time stipends were entered in a way that caused ERMA to overstate the displayed annual salary of an employee by more than five times the

5 This report presents the results of the Independent Third- The
initiates audits of the Payroll Audit Division, with a prior audit conducted in 2016.1

controls, policies, procedures, and practices adequately protect against fraud, waste, and abuse, and to determine whether they comply with relevant Federal, State, and City requirements. In addition, the employees receive accurate pay and benefits. The following section provide an overview and methodology, a brief summary of the results, and other pertinent introductory information.

Generally Accepted Government Auditing Standards (GAGAS).2 Those standards require that we plan and perform the audit to obtain sufficient and appropriate evidence for our findings and conclusions based on our audit objectives.

The primary objectives of this performance audit were the following:

1. environment adequately and appropriately protect against fraud, waste, and abuse; and operate in compliance with established Federal, State, and City policies, rules, and regulations.

2. consistently applied, to ensure that pay and benefits handled by the Payroll Audit Division are accurately and appropriately paid to, or applied to, City of Berkeley employees. were refined during the planning phase of the audit. In essence, the audit focused on evaluating both the effectiveness of controls (to prevent and detect errors or misuse) and the consistency of practices recommendations has been prepared in accordance with GAGAS reporting standards as the culmination of this .

1 City of Berkeley, Office of the City Auditor, Performance Audit of Payroll Division (June 28, 2016), PDF, https://berkeleyca.gov/sites/default/files/2022-01/Performance%20Audit%20of%20Payroll%20Division.pdf 2 Auditing Standards 2018 Revision.

6 Phase I: GPP Analytics Inc., and the City including leadership from the Payroll Audit Division, held an entrance conference on November 7, 2024. Following the entrance conference GPP began scheduling interviews with staff from Payroll Audit who were identified as likely to retire soon.

Shortly after, the audit had a planned pause to allow the Payroll Audit Division to process routine year- end procedures and to prevent the audit from being a distraction during a traditionally busy period. In February 2025, the audit resumed and GPP interviewed more staff from the Payroll Audit Division, Payroll Clerks within various city departments, and other process stakeholders such as staff from the Information Technology Department.

During this period, GPP reviewed the following materials provided by Payroll Audit and other City staff:

City and Departmental policies, procedures, and other documentation when available Sample reports
City ordinances
IT system guides and documentation
IT system (ERMA) reports

Phase I was completed with
the detailed testing plan and finalized the engagement risk assessment.

Phase II: The phase began with the distribution and analysis of an online survey of all departmental payroll clerks to capture process variations, and gain an understanding of operational challenges. The payroll system, Tyler Munis (ERMA as it is commonly
called), and ran audit analytics reports to screen the full population of payroll transactions and access logs. Next, we performed targeted testing that included (1) Random statistical samples for transaction accuracy and compliance and (2) risk-based samples and case studies where indicators or survey feedback pointed to possible control gaps. We held follow up interviews with payroll clerks, division staff, and IT to clarify results and document control procedures. At the conclusion of the phase, the audit team wrote a draft of the audit report and performed internal quality control reviews.

Phase III: On July 15, 2025, we provided the auditees with a confidential copy of the draft report, which they reviewed for factual accuracy and any inadvertent inclusion of confidential information. We received all additional information by August 6, 2025. On August 29, 2025, we issued a revised draft seeking additional clarification and feedback. On September 16, 2025, we issued a further revised draft with a request for a written response to each of the report recommendations. On October 1, 2025, we discussed the appropriate handling of sensitive security information and issued a further revised report on October 2, 2025. We received the written responses from auditees on October 14, 2025, and they are included as attachments to this report. The Final Report, which combines the Revised Draft and the City Auditor.

7 established by City Charter mandate to oversee payroll operations as an internal control.3 Unlike many municipal payroll units in other jurisdictions (often housed under Finance or Human Resources), and accuracy.
:

The Auditor is authorized to examine or review all City payments and payrolls before issuance . The Auditor also directs a Payroll Audit division, responsible for certain centralized payroll 4 Thus, the
accuracy, accountability, and compliance with all applicable federal/state laws, City policies, and labor agreements. In practice, this means Payroll Audit coordinates the entire payroll process for the City, processing biweekly pay for employees, issuing paychecks and reports, maintaining payroll records, and checking that every payment conforms to approved pay rates and rules. By design, the Division serves as a safeguard to ensure that taxpayer funds are disbursed correctly and that payroll transactions are processed timely and in line with established compensation policies. This structure gives the City Auditor oversight of payroll processes, adding a layer of review intended to deter fraud or errors in one of the

It is important to clarify that Payroll Audit does not make decisions about what employees get paid or how pay rules are interpreted, those are management and Human Resources (HR) functions. HR and City management set compensation policy (e.g. pay scales, raises, labor contract terms), interpret labor administer those
decisions. In other words, Payroll Audit acts effectively the pay changes approved by HR and departments and verifying their accuracy, rather than determining pay entitlements. For example, Payroll Audit staff review personnel action forms for compliance and correctness. If there are ambiguities or disputes in pay rules, Payroll Audit reports that it defers to HR and management to decide on the proper interpretation, then applies that decision. financial system or enterprise resource planning
(ERP)
to replace legacy systems and implement HR/Payroll with Employee Self-Service.5 As the City has rolled out and matured Munis (internally referred to as ERMA), the City phased its implementations and integrations, including a timekeeping tool known as ExecuTime.6 Payroll Audit has served as for the Employee Self Service (ESS) module implementation, for

3 harter/61
4 5 City of Berkeley, Digital Strategic Plan Update to
financials and implement HR/Payroll with Employee Self Service, https://berkeleyca.gov/sites/default/files/2022-02/Digital-Strategic-Plan- Update-2021.pdf
6 City of Berkeley, Contract No. 32100021 Amendment: Telfords for Tyler Munis ERP (ERMA) (March 30, 2021), PDF, noting phased approach including launching payroll before finalizing ExecuTime timekeeping integration, https://berkeleyca.gov/sites/default/files/documents/2021- 03-30%20Item%2008%20Contract%20No.%2032100021%20Amendment%20Telfords.pdf

8 timekeeping modernization and integration work, and serves as a resource for payroll system setup and troubleshooting.7 This is reinforced by interviews with staff during our audit and earlier Audit Office payroll system access controls.8 participating in
design, configuration, implementation, and maintenance of the payroll components of ERMA, consistent

In summary, administration and
oversight combined. It implements pay decisions within the framework set by HR, maintains compliance with all legal and contractual requirements, has a role in implementing and maintaining payroll related information systems,
process.

Staff and management of the Payroll Audit Division demonstrate a detailed command of critical payroll elements within their complex operating environment. Staff understand and correctly apply a wide range of payroll, labor, and statutory rules, ensuring high risk components of each payroll run are handled accurately despite system constraints. The Division follows structured processes such as using the Personnel Actions workflow in its payroll system for employee changes, which enforces supervisory approval and proper authorization of updates. It also maintains thorough documentation and audit trails for payroll transactions. For example, timecard records are retained with older records retrievable from off-site storage. The Payroll Audit team works proactively to ensure timely, accurate processing of payroll. This is notable given the ongoing pressure of the payroll workflow and the complex nature of the information the team processes.

Anecdotally, staff and management of the Division expressed openness to continuous improvement during the audit. This was evidenced by their consistent and prompt responses to inquiries, transparent provision of documentation, and assistance even to questions that could otherwise appear critical of their work. The Payroll Clerks within the departments and staff from the Information Technology department also expressed similar sentiment and openness to improvement and transparency.

Our testing did not
Payroll Audit Division. This aligns with the proactive and precise work environment we observed, as described above.

7 WBCP (for City of Berkeley), Payroll Manager (Audit Manager Payroll) Recruitment Brochure (March 25, 2025), PDF, stating the Payroll Audit Division lead role for Munis Employee Self Service and division representation for ExecuTime/timekeeping modernization, https://wbcpinc.com/wp-content/uploads/2025/03/FINAL-PDF-City-of-Berkeley-Payroll-Manager.pdf 8 City of Berkeley, Office of the City Auditor, Performance Audit of the Payroll Audit Division Final Status Update (January 30, 2018), PDF, noting Payroll Audit coordination with IT and Tyler on payroll system access controls, https://berkeleyca.gov/sites/default/files/2022- 01/Performance%20Audit%20of%20the%20Payroll%20Audit%20Division_Final%20Status%20Update_013018.pdf

9 Salary and benefits (payroll) costs are one of the
primary policy document guiding that process,
the 2011 city wide payroll manual, predates
and several rounds of labor negotiations. In the
absence of updated direction, each department
has filled the vacuum with its own ad hoc
procedures. Those improvised work arounds
range from handwritten timecards to custom
Excel templates and specialized Fire and Police
scheduling software. The result is a patchwork
of practices that obscures accountability,
increases the likelihood of pay errors, and
complicates any effort to demonstrate
compliance with labor agreements, tax rules,
and internal control standards.

1. Government Finance Officers Association:

Recommends governments issue and maintain
organization wide procedures that define roles,
cut off deadlines, and control activities to
safeguard accuracy.

2. GAO Standards for Internal Control in the
Requires management to implement control
activities through documented policies and
procedures.

9 City of Berkeley, FY 2023 and FY 2024 Adopted Biennial Budget (July 1, 2022), PDF, pp. 192 193, available at https://berkeleyca.gov/sites/default/files/documents/FY-2023-2024-Adopted-Budget-Book.pdf

Since the City last issued payroll guidance in
January 2011, departments have developed
their own methods for capturing time and
processing pay. The C Payroll Clerks spend
considerable time re keying data, reconciling
totals, and correcting misunderstandings of
labor agreement provisions.

The Payroll Audit Division reports three main
causes that contribute to its delay of updating
the city-wide payroll manual. First, payroll
functions in ERMA were implemented in 2021.

The Payroll Audit Division states that it initially
learn the complex new system and include
This makes
practical sense since the system would have
been a significant shift for stakeholders in the
payroll process.

Second, once implemented, the Payroll Audit
Division noted a significant increase in payroll
errors their staff were tasked with identifying
correct. In fact, their analysis reports that
error rate has increased over time, from an
average of 6.7 percent in 2016 to 94.5 percent
9 As expected, this increase in error
rate has significantly increased the Payroll
workload and limited their
resources which are now focused on the
persistent need to ensure accurate biweekly
payroll.

10 Third, the Payroll Audit Division reports that
instability in HR. There were 11 different HR
representatives during the ERMA
Since HR is a key
stakeholder in the payroll process (they
determine what employees get paid and how
pay rules are interpreted), the Division was not
in a position to independently update the
Citywide Payroll Manual.

We conducted a survey offered to all Payroll
Clerks (see Appendix A for more details on the
survey). of the
2011 Manual. One respondent stated they had
Only one
respondent stated that they had a copy of the
2011 manual, and they found it helpful. See
Appendix A: Payroll Clerk Survey for more
details.

Their responses align with our observations.

The 2011 manual is based on the system that
was in place prior to ERMA known as FUND$,
and the 2011 manual does not detail many of
the other payroll considerations such as
and agreements.

The Payroll Audit Division faces pending
retirements and many of the payroll clerks in
the various Departments are relatively new.

Because training is left to each department,
critical knowledge is neither standardized nor
documented for successors. Without a more
current and comprehensive manual, the payroll
process is at a higher risk of inconsistency
and/or error due to the eventual turnover of
staff.

Our testing found a variety of cases of complex
payroll rules, some resulting in errors identified
by department Payroll Clerks and the Payroll
Audit Division.

The following are three examples we saw. They
are testament to the vast knowledge of payroll
rules, laws, and systems that the Payroll Audit
must retain and navigate on a regular basis. The
examples also illustrate the risk of information
being lost or misinterpreted due to staff
turnover.

Our testing found that certain Fire Department
payroll scenarios are so specialized that the
ERMA cannot handle them, forcing manual
calculations by staff. For instance, when a
firefighter on a 40-hour schedule temporarily
worked a 56-
schedules. In this case payroll clerks had to
manually compute a retroactive overtime
adjustment using a special conversion
spreadsheet.
agreement mandates an extra holiday pay code
for Unit B firefighters (code 212 in addition to
automated. Staff must track and manually apply
these two codes correctly.

These complex provisions and system
limitations led to routine and expected manual
corrections, underscoring the need for clearer
documented guidance on pay rules like these.

In multiple payroll transactions we sampled,
incorrect time codes or with pre-filled hours
that later changed, and these mistakes had to
be manually corrected by the
Payroll Clerks or the Payroll Audit Division. For
submitting pre-populated timecards early (See
Finding 3 for more details on this practice) led
to cases where the wrong attendance code or

11 hours were entered, requiring clerical
adjustments in ERMA before final processing.

Such recurring errors in time code usage
illustrate how, without a current policy manual
or standardized guidance, departments could
easily interpret timekeeping rules
inconsistently, leaving it to the Payroll Audit
Division to catch and correct coding errors on
timecards.

Our testing revealed the risk of ambiguity in
some aspects of labor agreements, or
memorandum of understandings (MOUs) with
represented labor unions. While these MOUs
are negotiated and interpreted by City
management and HR, the Payroll Audit Division
must administer them during payroll
processing.

For example, one MOU, the International
Brotherhood of Electrical workers Local 1245,
has a clear maximum of 320 hours of vacation
leave that can be accrued. The remaining seven
MOUs with labor groups state a 320-hour
stopping accrual once that cap is reached or
provide clear mechanisms for enforcement. As
a result, five of the 30 payrolls we randomly
tested had more than the allowable 320 hours
of accrued vacation hours. Of the five
employees, one had accrued roughly 1,500
hours and another had accrued roughly 1,000
hours. Because the agreements lack explicit
direction, the Payroll Audit Division must rely
administer them.

The Payroll Audit Division reports that a prior
HR Director had previously directed them to
allow staff in these labor groups to accrue
beyond 320 hours. However, there is no written
record of it and no guidance available to the
Payroll Clerks who must regularly administer
the labor agreements when managing the
payroll processes. Given the overall complexity
of the MOUs, not just in this one example, it
would benefit the City to have written
interpretation of labor agreement rules in the
citywide payroll manual.

This example is provided to illustrate the need
for documentation. It does not recommend
changes to any MOU or collective bargaining
provision.

The three examples represent routine
challenges that are managed by the
Payroll Clerks and the Payroll
Audit Division. In some ways, the examples are
a testament to the current process design
to handle them
already. However, the examples also illustrate
the complexity of the payroll operating
environment, which in and of itself poses risk of
errors. This demonstrates the need for clear
and up-to-date guidance to promote
consistency, reduce the risk of errors, and
preserve knowledge after eventual staff
turnover.

payroll process, there is no single party that is
responsible for all payroll policies and
procedures in the City. As discussed in the
Background section of this report, HR is
responsible for pay decision policy
interpretation and the Payroll Audit Division is
responsible for administration. The involvement
of both parties is needed to update and
maintain the citywide payroll manual.

Historically this has been led by the Payroll
Audit Division. Unless the City seeks to change
prior practices, we recommend that Payroll
Audit Division lead the effort to update and
maintain a more comprehensive manual to
reduce the risk of errors, add clarity to the
overall payroll process and system, and reduce
the time cost of making routine manual
corrections.

12 The Payroll Audit Division should:

1.1 Work Human Resources, Information Technology, and stakeholder departments to develop and maintain a single Citywide Payroll Policy and Procedure Manual.

The manual should:

Document ERMA/Tyler Munis workflows. Provide step-by-step guidance, screen shots, and control points for all standard payroll transactions.

Incorporate labor agreement provisions. Translate each current labor agreement into clear payroll instructions (e.g., overtime differentials, specialty pays, leave accrual rules).

Set an update schedule. Require a review at least every three years, or sooner if a major system or contract change occurs and assign ownership for keeping the manual current.

13 Manual transcription of employee work hours
ERMA, is inefficient and increases the risk that
errors will occur. The process is inherently
prone to human error such as misreading
handwritten entries or mistyping data, which
can result in payroll discrepancies that affect
employee compensation. The American Payroll
Association estimates that manual transcription
results in errors 1% - 8% of the time10.

Records indicate that the City had been working
to implement an electronic time entry system in
implementation in 2022.

The following legal criteria demonstrate the
time records.

10 Payroll industry attributes report is no longer publicly available.

Recent literature that supports this widely quoted range include:

1. ADP/Labor Management Institute, 10 Best Practices for Time & Attendance Professionals, July 2019, p. 3, https://www.adp.com/- /media/adp/resourcehub/pdf/10-best-practices-july-2019.pdf)

2. an
average fix cost of $291 (https://eyquest.com/files/Cost_and_Risks_Due_to_Payroll_Errors_2022_Final.pdf)

3. A 2020 internal audit of the Fayetteville, NC Police Department likewise traced incorrect wages to manual paper time-keeping (https://www.fayettevillenc.gov/files/sharedassets/main/v/1/city-managercommunications/documents/audit-reports/2019- 2020/audit-report-a202001-poli.pdf)

heavily on manual transcription of employee
work hours from paper timecards and disparate
platform. Manual transcription is a labor-
intensive process, requiring employees to
complete timesheets by hand and submit them
to payroll clerks. Payroll Clerks then re-enter
the information into payroll systems for
processing and issuing checks. This method of
time tracking and reporting is prone to errors,
because it relies on the accuracy of individual
employees who manually transcribe
information from one system to another.

Manual transcription occurs across all City
departments, even Police and Fire, which use
their own digital timesheet systems known as
CAREWARE and TeleStaff, respectively. Neither
of their time systems are integrated with ERMA
and as a result, Payroll Clerks must manually
input data from these systems into ERMA.

However, the Payroll Audit Division reports that
it has already begun to work on integrating
CAREWARE to integrate with ERMA.

The lack of integration and automation
increases the administrative burden on payroll
staff and introduces potential transcription
errors in the payroll workflow.

14 The High Cost of Manual Transcription Errors
Manual time tracking demands perfect accuracy
from employees and payroll clerks, which is a
difficult standard to meet consistently.

According to studies by the American Payroll
Association, errors resulting from manual
transcription alone can account for 1% 8% of
total payroll costs. To put that in perspective,
payroll is the largest expense for the city11. For
2024, the annual payroll expense was $314.0
million12 which could mean up to $25.0 million
is at risk of errors which may or may not be
identified and then corrected later in the
process.

Cost of Transcribing Each Timesheet into ERMA
We estimate that the Departmental Payroll
Clerks spend a cumulative 5,299.23 hours per
year manually transcribing timesheets into
ERMA.13 This estimate does not count time
spent later correcting possible errors caused by
the transcription process itself.

The time and staff resources spent re-typing
timesheets could be better used reviewing the
time entries, validating its accuracy, and
labor agreements.

The time-consuming nature of manual data
entry not only slows down payroll processing
but also leads to significantly higher operational
costs for the City. Payroll clerks must spend
countless hours manually reviewing, verifying,
and transcribing time records, which reduces
efficiency and increases administrative
expenses. Freeing clerks and auditors of this
would add more time and resources to spend
on validating and monitoring time submissions
from employees.

Why No Electronic Timesheets Yet
ERMA was first deployed by the City of Berkeley
in 2018 to replace the prior system known as
FUND$, with the payroll functions implemented
in 2021. Although electronic timesheets were
part of the original implementation plan for
ERMA, their deployment has been reportedly
delayed due to differing resource prioritization.

Similar to how the Payroll Audit Division reports
it is working with stakeholders to integrate the
with ERMA, Payroll Audit could lead the
initiative to implement electronic time entry
Citywide.

The Payroll Audit Division would need to
the Information Technology Department. This
would likely involve system configuration, user
training, data migration, and change
management. While the exact cost of
implementation would depend on the scope
and vendor involvement, the ongoing cost is
likely to be less than the estimated 5,299.23
hours of staff time currently spent on manual
transcription.

Once implemented, the time saved could be
redirected toward more thorough validation
and review of employee time submissions,
enhancing accuracy and enabling proactive
monitoring for patterns of fraud, waste, or
abuse (see the 'Other Pertinent Information'
section for further details).

11 City of Berkeley 2024 ACFR - https://berkeleyca.gov/sites/default/files/documents/annual-comprehensive-financial-report-fy2024.pdf. In 2024, total expenses amounted to $563.0 million, with $314.0 million of that for payroll expense. This means that payroll alone accounted for

12 Government Compensation in California City of Berkeley 2024 - https://gcc.sco.ca.gov/Reports/Cities/City.aspx?entityid=61 13 Our estimate is based on 1,747 full-time equivalents (FTE) noted in the FY 2025 & 2026 Adopted Budget. This is multiplied by 26 payroll periods and then by seven minutes, a figure that commonly used in industry research, generally citing estimates from the American Payroll Association, suggests it takes seven minutes on average to transcribe timesheets to payroll system entries. This figure is just an estimate to gauge the rough magnitude of resources used by the City to transcribe timesheets.

15 The Payroll Audit Division should:

2.1 Request that the -prioritize
the implementation of an electronic timekeeping system.

2.2 Coordinate with the Information Technology Department to integrate Telestaff, the timekeeping systems used by the Fire Department, into ERMA, similar to their current initiative to integrate

16 Some departments choose to use prefilled
timecards, which are automatically populated
hours before the workweek is completed based.

The use of prefilled timecards, while intended
to streamline payroll processing and meet tight
submission deadlines, introduces significant
risks of payroll errors and overpayments. Based
on our audit testing, we estimate that around
10% of timecards require correction due to
prefilled timecards, and others are subject to
the risk of errors that go undetected.

Certain departments, such as the Library, which
operates multiple locations, use pre-filled
timecards. They are typically submitted on the
second Tuesday of each pay period. This is
almost five days before the pay period ends on
Saturday at midnight. This practice thus covers
most of the second week of the pay period,
even though that week has not yet concluded.

This practice is designed to streamline payroll
processing and minimize delays. However, it
also introduces a notable risk of discrepancies
when actual hours worked differ from the
scheduled forecasts.

We tested a sample of 30 randomly selected
timecards and found that three (10%) contained
errors relating to prefilled timecards. Two of
the three cases involved sick leave that was
taken after the prefilled timecard was
submitted. These errors were identified by the
employees supervisors after timesheets were
submitted. Had they not been caught it would
have resulted in overpayment to the employee.

The third case relates to the timecard s
accidental inclusion of a timecode.

While these represent the instances where
errors were identified and corrected, it is quite
possible that in other instances errors are not
identified and corrected. Identification and
correction can only occur if supervisors are
diligent in tracking sick time and other leave
that is requested and taken after submittal of
the timecard. Payroll Clerks and the Payroll
Audit Division would not have the knowledge to
identify that leave occurred.

17 A common best practice is to use electronic
time entry to eliminate the need for prefilled or
forecast timesheets14. Such tools allow
employees and their supervisors to enter,
review, and approve time from multiple
locations with access to a computer,
Information Technology Department, this
feature was planned for the inclusion in its
payroll system, Tyler Munis (ERMA), but has
been deprioritized
and there is no current timeline for
implementation. If an electronic timecard
system is implemented, it should prohibit
departments from using prefilled timecards
within such a system.

The additional benefits of implementing an
electronic time system are discussed further in
Finding 2 of this report.

Until an electronic time entry system can be
implemented, industry best practices suggest
using communication and other tools to offset
some of the problems with prefilled
timecards.15
There is an opportunity to improve timecard
efficiency, reduce fraud risk, and reduce payroll
processing delays by implementing a targeted
reminder system for employees who use
prefilled timecards. This system would
automatically prompt employees to review and
confirm their time entries at the end of the pay
period before submission by payroll clerks. This
ensures that any discrepancies or outdated
information are identified and addressed early
in the process
By encouraging timely validation, the reminder
system reinforces individual accountability and
helps prevent common errors that often result
from overlooked or assumed accuracy in
prefilled data.

14 Government and professional guidance agree that automated, exception-based time-and-attendance systems strengthen internal controls and cut manual-entry errors:

1. ol (
Maintaining Effective Control Over Employee Time and Attendance Reporting, Dec 2000, p. 3, https://www.gao.gov/assets/gao-01- 186g.pdf ).

2. -R, Vol 8, Ch 2, § 2.1.2.2, Apr 2025,
https://comptroller.defense.gov/portals/45/documents/fmr/current/08/08_02.pdf ).

3. ADP / Labor Management Institute: Manual or decentralized time- Payroll Association estimates 1 8 % error rates for paper time cards (10 Best Practices for Time & Attendance Professionals, 2019, p. 2, https://www.adp.com/-/media/solution-center/mas/pdf/articles/best-practices-for-time-tracking.ashx

15 Guidance stresses that manual or pre-filled T&A records must be re-checked right at the close of each pay period:

1. GAO warns that employee
catch discrepancies early (Maintaining Effective Control over Employee Time and Attendance Reporting, 2000, p. 10, https://www.gao.gov/assets/gao-01-186g.pdf)

2. ADP operationalizes this standard with automatic alerts when unapproved or exception entries remain open, prompting employees and supervisors to act before payroll is run (https://www.adp.com/resources/articles-and-insights/articles/t/time-and-labor.aspx)

18 The Payroll Audit Division should:

3.1 -prioritize
the implementation of an electronic timekeeping system. (This is the same recommendation as

2.1 but duplicated here in the context of Finding 3).

3.2 Work with the C to ensure that
if an electronic timekeeping system is implemented, it prohibits departments from using prefilled timecards within the system.

3.3 As a temporary measure, assist departments that use prefilled timecards to implement a targeted reminder system for employees using prefilled timecards to prompt staff to review and validate prefilled timecards before the payroll deadline.

19 The details of this finding are issued as a separate confidential report due to sensitive security information that could be used to harm the City. The finding addresses opportunities for improvement and risk reduction.

21 This section includes information related to observations that are not audit findings but is information that we believe is either helpful to the City or otherwise important to communicate. There are no formal recommendations based on this section of the report.

During our audit testing we uncovered a case of
incorrect system configuration/data entry
leading to a misleading compensation figure. In
one sample, an out-of-class assignment and
several one-time stipends were entered
improperly in the payroll system, causing the
to double-count portions of
overstated by displaying an amount over five
times larger than the actual amount. We
confirmed that the employee was paid the
correct amount, and the system was only
displaying the wrong value.

The Payroll Audit Division reported they had
opened a support ticket with Tyler Munis. Given
the unusual circumstances of the allowances we
do not believe this is widespread risk.

Displayed values in ERMA could be used by staff
to quickly check the accuracy of pay
information. If those values are wrong, this
could undermine any controls that rely on
ERMA against other reported figures.

We suggest that the Payroll Audit Division fully
evaluate this issue with the Information
Technology Department and Tyler Munis to
determine the extent of the error and ensure
the problem is corrected in this and any other
instances.

22 The details of this section are issued as a separate confidential report due to sensitive security information that could be used to harm the City. The section addresses opportunities for improvement and risk reduction.

23 The survey targeted all 31 departmental Payroll Clerks across the City of Berkeley. The audit team distributed the questionnaire as an online survey via a Microsoft Forms link emailed directly to the Payroll Clerks on April 30, 2025. The clerks were asked to respond by May 9, 2025. A reminder email was sent on May 8, 2025
potential follow-up clarification, and the clerks were informed results would be reported in aggregate without identifying individuals. In total, nine payroll clerks submitted responses to the survey, representing multiple City departments. The following sections summarize each survey question and the aggregated results.

[results not shown for anonymity]

[results not shown for anonymity]

Distribution of Payroll Clerk tenure (years in position).

Answer Response
count
Less than 1 year 1
1-3 years 5
More than 5 years 3
TOTAL 9

Department size (number of employees) served by each Payroll Clerks. Departments ranged widely in size.

Answer Response
count
Less than 20 0
Between 20 - 100 3
Between 100 - 500 6
Over 500 0
TOTAL 9

24 Number of Payroll Clerks per department. The survey results show that most departments have two payroll clerks assigned, with occasional exceptions of larger or one-person teams.

Answer Response
count
One 1
Two 7
Three 1
Four 0
TOTAL 9

every payroll clerk indicated there is a designated backup clerk to cover their duties during leave or absences. This 100% positive response reflects backup coverage for payroll functions (a control weakness noted in past audits has evidently been addressed). Each Payroll Clerk provided the name and department of their backup in the survey (details omitted here). The universal presence of backup personnel is a strong point in continuity of operations.

Answer Response
count
Yes 9
No 0
TOTAL 9
[results not shown for anonymity]

25 Frequency with which backup clerks assume payroll duties. Among those with backups (all Payroll Clerks), the majority reported that backups are used rarely. Notably, none of the respondents use their backup on a regular (monthly or more frequent) basis. This suggests that backups exist as a contingency but are activated only infrequently, possibly during extended leave or special circumstances, rather than as part of routine rotations.

Answer Response
count
Never 2
Rarely (once or twice a year) 4
Sometimes (a few times a year) 3
Frequently (at least once a month) 0
TOTAL 9

Payroll Clerks
indicated their backup has been trained or given hands-on experience within the past half-year.

This uniform result is encouraging and suggests the designated backups are kept current on payroll processes either through formal training or by shadowing/performing the duties periodically. Adequately trained backup staff help ensure continuity and mitigate risks associated with key person dependency.

Answer Response
count
Yes 9
No 0
0 TOTAL 9

26 Answer
- Run employee reports (incl time entry, accrual leaves, etc.) from Erma - Got trained for the correct pay codes use for employees (Sworn and Non-Sworn) - Got trained for the add pays I've received training from my co-worker.

Year-end meeting with Payroll Audit & HR to discuss year-end closing and MOU adoption.

The trainings that I remember were on sick and vacation hours when someone terminates or retires and FMLA. Both very good. We get the best support from Payroll Audit throughout the process as new questions always arise Specifically Ann DelRosario and George Domingo; both outstanding!
Zero
I am cross-training with [different department]
Susana Khoo trained me before she retired. Julie Sowell trains me on a daily basis when I need help. Sea Liang is currently training me on Police & Fire Payroll.

None that I can remember
None.

I've received training from my co-worker.

Percentage of Payroll Clerks who possess the official 2011 Payroll Procedures Manual.

Possession of the manual appears inconsistent across departments; nearly half of the Payroll Clerks do not have this reference document.

Answer Response
count
Yes 5
No 4
TOTAL 9

For the five Payroll Clerks who have the manual, most reported that it is not an adequate or up-to-date resource. One of the five who in the previous question this question.

Answer Response
count
Yes 0
No 4
TOTAL 4

27 Answer
Updated ERMA manual
Clearly defined payroll rules for respective departments.

I don't know
The payroll manual was written for a payroll system we no longer use (FUND$) so the entire manual essentially needs to get updated with all information pertinent to our current payroll system (ERMA, aka Tyler Munis.) It would take me hours to state what more I would like included, but off the top of my head, we need a list of the pay codes with specific instructions on how and when to use each code. We also need a legend to help explain the paycheck stubs to employees.

Everything is abbreviated and most items are not self explanatory. It would also help to have a resource that explains what each of the deductions is for. Also, there are many links in the manual that would probably be great to dive deeper into, but the links no longer work, so they are useless as well.

Yes and No - the NO would be when I have issues with ERMA or process questions about ERMA

ratings of the payroll process efficiency.

Answer Response
count
Very efficient 0
Efficient 5
Neutral 2
Inefficient 2
Very inefficient 0
Prefer not to answer 0
TOTAL 9

28 Frequency with which clerks encounter errors in employee timesheets. The results show that Payroll Clerks encounter errors in timesheets with regularity, though frequency varies. These self-reported figures underscore that timesheet errors are a persistent issue, with nearly half of Payroll Clerks seeing them very often.

Answer Response
count
Never 0
Rarely (less than once a month) 2
Occasionally (once a month) 1
Sometimes (a few times a month) 2
Frequently (multiple times every pay
period)
4 TOTAL 9

The prevalence of pay code mistakes and missing approvals highlights areas where additional training or system controls could help reduce error rates.

Answer
I see sometimes they pick the wrong work codes in the system Incorrect pay codes, incorrect pay period dates, timesheets not signed by supervisors, insufficient accumulated accruals
Incorrect pay codes, supervisor approval missing, overtime not requested/approved, leave slip missing, accrued leave surpassed.

Incorrect labor codes
Incorrect pay codes, using accruals that are not available, hours not matching leave slips. occasionally, employees forget to enter overtime shifts on their timecard.

Incorrect pay codes, questions about revisions requested, codes on timecards not matching codes on leave slips, hours not adding up...

29 In their own words, Payroll Clerks proposed numerous improvements to reduce timesheet errors.

Answer
Simplify the work codes and make them easier for employees to understand Electronic hour and date entries by employees, reviewed and approved by supervisors, final approval by pay clerk.

Ensuring staff have access to accrued leave balances. Staff submitting timesheets online. Higher class pay codes published for approved staff.

Supervisor training and reminders They're supposed to review their division's timecards before they submit them to Payroll. Some supervisors do, many do not and just send them in.

Supervisors actually reviewing the timecards prior to sending them to me Employees should review their time entries at the end of the pay period (Sunday) to make sure it is accurate before Payroll Clerks submit time to Payroll Audit.

I don't have any suggestions
Move forward with implementing the electronic payroll system we were told we would be starting around June 2021.

Our process in [redacted] is a little different, but it works for us. We upload our timesheets into Teams. We have a channel specifically for our timesheets and managers and staff all have access to it.

Proportion of Payroll Clerks who feel they know how to run all useful reports. We used the term since the reports necessary to each Payroll Clerk might differ. In addition, we used this term after considering that some staff might be apprehensive about appearing unfamiliar with a key software system
subjectivity in their response.

Answer Response
count
Yes 7
No 2
TOTAL 9

The two responses suggest that for these
reporting options generally.

Answer
I'm not even aware of what reports can be ran
I say "no" because I only run the Time Entry History and Hours Proof Reports. I'm guessing there are other "useful reports" that I am not familiar with.

31

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