Section 337B- Notices of Limitations

Index of Sections

SECTION 337B.2 NOTICES OF LIMITATIONS

Code Plain English

337B.2 Notice of Limitation Regarding an Individual F-7 or 8 or R-7 or 8 Occupancy Space Having Employees and/or Being Regularly Open to the Public.
When an individual F-7 or 8 or R-7 or 8 Occupancy space is proposed in a building or a portion of a building the following shall be provided:

A "notice of limitation" for the building is recorded with the Alameda County Recorder's Office indicating whether or not employees are permitted and/or if the individual space is regularly open to the public; and
If appropriate, the Conditions, Covenants, and Restrictions administered by an owner's association shall delineate the conditions by which employees and/or being regularly open to the public are or are not permitted OR if appropriate, the standard lease shall delineate the conditions by which employees of the tenant of the individual space are or are not permitted and/or whether or not the individual space is regularly open to the public. A copy of either shall be attached as Exhibit "A" to the "notice of limitation"

337B.2 Notices of Limitation are required under this code when:

The authors of this code feel that any buyer or tenant of a unit should be informed of the functions the unit is expected to perform or not perform as permitted by the city,
The authors of this code feel that the additional recordation of such Notices aids in enforcement of regulations which are essentially out of the control of the city once Certificates of Occupancy are issued, or
In cases where, even though the city has included relaxed provisions of the code as authorized by the state for Joint Living and Working Quarters, owners, buyers and occupants are being put on notice as to which specific regulations have been relaxed, and the City’s liability is somewhat reduced.

The Building Code treats live/work spaces that have employees or are regularly open to the public differently, primarily because of the Americans with Disabilities Act (ADA) and the State Building Code’s (Title 24) consideration of disabled access. This information determines whether or not the space is "commercial" or "residential." A commercial space must provide full handicap accessibility for owners, employees, customers and visitors, which means-- at a minimum–a level-in entrance and fully accessible bathroom facilities (for both sexes separately, if 4 or more employees). Please refer to the ADA and Title 24 for more specific accessibility information.

Reference to this notice and whether employees and/or being regularly open to the public or not shall be indicated on the permit application. See "Information on Plans" #4,25,26. Include information on employees and public access in #4.

Recording such a notice of limitation stating that employees are allowed and that an individual space is regularly open to the public shall not permit employees or being regularly open to the public if this is contrary to City Planning or other superseding conditions or regulations. Filing a Notice of Limitation stating your intention to have employees, etc. does not necessarily make it so. City Planning and other regulations, i.e. zoning, and whether employees and specific activities are permitted in a given zone, take precedence over one’s Notice of Limitation; be sure to do your homework ahead of time (or be sure your architect has done so).

337B.3 Notice of Limitation For Use of Ship Stair or Ladder Within an Individual F-7 or R-7 Occupancy JLWQ. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to access requirements in an individual JLWQ provided pursuant to Sections 345B.3.2, 345B.3.3, and 345B.3.4. 337B.3 As will be detailed in the actual section (345B), Ship’s Ladders are permitted in JLWQ to access sleeping mezzanines and built-in sleeping bunks. The Notice of Limitation provision exists to limit the City’s legal liability in the event of lawsuits over any injury resulting from or related to a Ship’s Ladder, as they are not normally permitted under the building code. Therefore a Notice of Limitation shifts more of the liability to the developer of the space.

337B.4 Notice of Limitation For Use of Alternative Emergency Escape and Rescue for Existing Buildings. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to alternative emergency escape and rescue requirements when such alternatives are used and provided for an existing building pursuant to Section 345B.5.3. 337B.4 The Building Code specifically requires an "Emergency Escape and Rescue" opening directly from all bedrooms. While it is already relaxed in Live/Work situations, use of certain extraordinary alternative means are also permitted. They require a Notice of Limitation to minimize City liability as in the section above.

337B.5 Notice of Limitation Regarding an Individual F-7 or 8 Occupancy Space Being a Noise Source Greater Than 60db. When F-7 Occupancy individual spaces are proposed in a building or a portion of a building the following shall be provided:

A "Notice of Limitation" for the building is recorded with the Alameda County Recorder's Office indicating the limitations and requirements for mitigation of excessive noise generation; and

As appropriate, the Conditions, Covenants, and Restrictions administered by an owner's association or the Standard Lease Agreement for the space shall state that when an individual JLWQ has a regular use on a continuing basis that contains a noise source above 60db the individual tenant and/or owner will be responsible to comply with the provisions of Section 351B relating to additional airborne sound and impact insulation for the space.

337B.5 Sound transmission between units is covered in Section 351. To accommodate sound levels in units that are anticipated to be more than the permitted amount (usually 60 decibels), a Notice of Limitation is required to:

Make any buyer or tenant aware of his/her responsibility to comply with such requirements through the Notice of Limitation being covered here on the public record.
Make the rules regarding "mitigation of excessive noise generation" a matter of public record as CC&R’s or lease agreements, and
Take specific measures to mitigate sound transmission from any unit generating > 60 db to any other unit, such as adding extra insulation, sheet rock layers or resilient channels to walls or floor/ceiling assemblies shared with other units

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SECTION 337B.2 NOTICES OF LIMITATIONS
Code	Plain English
337B.2 Notice of Limitation Regarding an Individual F-7 or 8 or R-7 or 8 Occupancy Space Having Employees and/or Being Regularly Open to the Public. When an individual F-7 or 8 or R-7 or 8 Occupancy space is proposed in a building or a portion of a building the following shall be provided: A "notice of limitation" for the building is recorded with the Alameda County Recorder's Office indicating whether or not employees are permitted and/or if the individual space is regularly open to the public; and If appropriate, the Conditions, Covenants, and Restrictions administered by an owner's association shall delineate the conditions by which employees and/or being regularly open to the public are or are not permitted OR if appropriate, the standard lease shall delineate the conditions by which employees of the tenant of the individual space are or are not permitted and/or whether or not the individual space is regularly open to the public. A copy of either shall be attached as Exhibit "A" to the "notice of limitation"	337B.2 Notices of Limitation are required under this code when: The authors of this code feel that any buyer or tenant of a unit should be informed of the functions the unit is expected to perform or not perform as permitted by the city, The authors of this code feel that the additional recordation of such Notices aids in enforcement of regulations which are essentially out of the control of the city once Certificates of Occupancy are issued, or In cases where, even though the city has included relaxed provisions of the code as authorized by the state for Joint Living and Working Quarters, owners, buyers and occupants are being put on notice as to which specific regulations have been relaxed, and the City’s liability is somewhat reduced. The Building Code treats live/work spaces that have employees or are regularly open to the public differently, primarily because of the Americans with Disabilities Act (ADA) and the State Building Code’s (Title 24) consideration of disabled access. This information determines whether or not the space is "commercial" or "residential." A commercial space must provide full handicap accessibility for owners, employees, customers and visitors, which means-- at a minimum–a level-in entrance and fully accessible bathroom facilities (for both sexes separately, if 4 or more employees). Please refer to the ADA and Title 24 for more specific accessibility information.
Reference to this notice and whether employees and/or being regularly open to the public or not shall be indicated on the permit application.	See "Information on Plans" #4,25,26. Include information on employees and public access in #4.
Recording such a notice of limitation stating that employees are allowed and that an individual space is regularly open to the public shall not permit employees or being regularly open to the public if this is contrary to City Planning or other superseding conditions or regulations.	Filing a Notice of Limitation stating your intention to have employees, etc. does not necessarily make it so. City Planning and other regulations, i.e. zoning, and whether employees and specific activities are permitted in a given zone, take precedence over one’s Notice of Limitation; be sure to do your homework ahead of time (or be sure your architect has done so).
337B.3 Notice of Limitation For Use of Ship Stair or Ladder Within an Individual F-7 or R-7 Occupancy JLWQ. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to access requirements in an individual JLWQ provided pursuant to Sections 345B.3.2, 345B.3.3, and 345B.3.4.	337B.3 As will be detailed in the actual section (345B), Ship’s Ladders are permitted in JLWQ to access sleeping mezzanines and built-in sleeping bunks. The Notice of Limitation provision exists to limit the City’s legal liability in the event of lawsuits over any injury resulting from or related to a Ship’s Ladder, as they are not normally permitted under the building code. Therefore a Notice of Limitation shifts more of the liability to the developer of the space.
337B.4 Notice of Limitation For Use of Alternative Emergency Escape and Rescue for Existing Buildings. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to alternative emergency escape and rescue requirements when such alternatives are used and provided for an existing building pursuant to Section 345B.5.3.	337B.4 The Building Code specifically requires an "Emergency Escape and Rescue" opening directly from all bedrooms. While it is already relaxed in Live/Work situations, use of certain extraordinary alternative means are also permitted. They require a Notice of Limitation to minimize City liability as in the section above.
337B.5 Notice of Limitation Regarding an Individual F-7 or 8 Occupancy Space Being a Noise Source Greater Than 60db. When F-7 Occupancy individual spaces are proposed in a building or a portion of a building the following shall be provided: A "Notice of Limitation" for the building is recorded with the Alameda County Recorder's Office indicating the limitations and requirements for mitigation of excessive noise generation; and As appropriate, the Conditions, Covenants, and Restrictions administered by an owner's association or the Standard Lease Agreement for the space shall state that when an individual JLWQ has a regular use on a continuing basis that contains a noise source above 60db the individual tenant and/or owner will be responsible to comply with the provisions of Section 351B relating to additional airborne sound and impact insulation for the space.	337B.5 Sound transmission between units is covered in Section 351. To accommodate sound levels in units that are anticipated to be more than the permitted amount (usually 60 decibels), a Notice of Limitation is required to: Make any buyer or tenant aware of his/her responsibility to comply with such requirements through the Notice of Limitation being covered here on the public record. Make the rules regarding "mitigation of excessive noise generation" a matter of public record as CC&R’s or lease agreements, and Take specific measures to mitigate sound transmission from any unit generating > 60 db to any other unit, such as adding extra insulation, sheet rock layers or resilient channels to walls or floor/ceiling assemblies shared with other units