Oakland’s Updated Rules for Construction During Alameda County’s Shelter in Place

On April 7^th, the City of Oakland released findings and determinations implementing the construction-related section 13(f)(v) of the County of Alameda’s March 31^st shelter-in-place order No. 20-04. Specifically, during the shelter-in-place, the City’s Planning and Building Department will allow construction and will proceed with building inspection services for residential construction which is “compliant with the City’s affordable housing requirements,” including, but not limited to, those projects required to pay the Affordable Housing Impact Fee in lieu of constructing on-site affordable units.

The City will also allow construction and will continue building inspection services for construction necessary to stabilize the soil, structure, or water management for non-exempt projects in the process of shutting down in compliance with County Order No. 20-04. However, this construction is only permitted to continue for a maximum of one week without additional plan approval by the City.

The City will also allow and will proceed with building inspection services for three other types of construction: construction that had already initiated a temporary certificate of occupancy process as of March 31^st (such construction may complete the process to obtain a Certificate of Occupancy); construction and repair of buildings containing “Essential Businesses” as defined in County Order No. 20-04; and construction and repair necessary to ensure the ongoing habitability and safety of residences or living spaces.

The City’s implementation findings reiterate that any ongoing construction work, however, must comply with all aspects of County Order No. 20-04, including the immediate preparation and posting of a “Social Distancing Protocol” for each facility frequented by the public or employees. Finally, the City’s findings encourage all construction sites to implement the social distancing guidance from the State Building & Construction Trades Council found here.

The City’s construction guidance can be found at https://www.oaklandca.gov/news/2020/planning-building-department-response-to-shelter-in-place.

Wendel Rosen attorneys continue to work with City officials and will be happy to answer specific questions.