Section 363B- Notices of Limitations

UCRC Index of Sections

SECTION 363B.2-3 NOTICES OF LIMITATIONS

Code Plain English

363B.2 Notice of Limitation For Use of Ship Stair or Ladder Within an Individual Unit of a Conversion of Existing Urban Core Office/ Retail/ Storage Buildings to Residential Purposes.
A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless for any litigation relating to access requirements in an individual unit of a conversion of existing urban core office/retail/storage buildings to residential purposes provided pursuant to Sections 368C.1.3.2.1, 368C.1.3.2.2, and 368C.1.3.2.3.

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 Urban Core Residential Conversions (UCRCs), 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 UCRC units 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.

363B.3 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 for any litigation relating to alternative emergency escape and rescue requirements when such alternatives are used and provided for in an existing building pursuant to Section 368.5.3. 337B.4 The Building Code specifically requires an "Emergency Escape and Rescue" opening directly from all bedrooms. While it is already relaxed in UCRC 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.

top

SECTION 363B.2-3 NOTICES OF LIMITATIONS
Code	Plain English
363B.2 Notice of Limitation For Use of Ship Stair or Ladder Within an Individual Unit of a Conversion of Existing Urban Core Office/ Retail/ Storage Buildings to Residential Purposes. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless for any litigation relating to access requirements in an individual unit of a conversion of existing urban core office/retail/storage buildings to residential purposes provided pursuant to Sections 368C.1.3.2.1, 368C.1.3.2.2, and 368C.1.3.2.3.	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 Urban Core Residential Conversions (UCRCs), 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 UCRC units 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.
363B.3 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 for any litigation relating to alternative emergency escape and rescue requirements when such alternatives are used and provided for in an existing building pursuant to Section 368.5.3.	337B.4 The Building Code specifically requires an "Emergency Escape and Rescue" opening directly from all bedrooms. While it is already relaxed in UCRC 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.