In-law Rules Should Stress Safety
Originally appeared in Hills Publications, April 25, 2003 and ANG Newspapers, April 19, 2003
If you own, live in, or are contemplating buying a home with an “in-law” unit, be aware that Oakland is in the process of revising its regulations. The city is doing so to conform with a new state law, effective July 1, 2003. This legislation restricts local controls on “secondary units” (in-laws) in residential areas.
There are many issues to consider and Oaklanders will have varying opinions on how to handle them. Among the concerns are parking, neighborhood density, noise and pollution. Number one on the list should be fire and poisonous gas safety in the unit, but do not count on this getting sufficient attention.
Legalizing current in-laws
As an active real estate broker, every week I see homes with secondary units. In most cases, these “apartments” fall short of safety regulations. The main worry is that, in the worst-case scenario, people could be seriously injured or die because minimum standards were not met.
Before the city legalizes existing in-laws, each unit needs to be inspected and certified. A blanket approval with only the completion of paperwork (and, of course, a fee) would be unconscionable.
Defining a sleeping room
Naturally, people will sleep in the apartment. What defines a sleeping room, however, is not a simple matter, even at the city’s offices.
Safety requirements for a room to be called a bedroom include:
- A minimum size of 70 square feet.
- At least one window that opens. Other rules cover the size and height of the window.
- Stipulations for a minimum amount of glazed openings for light and ventilation.
- At least two different exits.
- A minimum ceiling height of 7’6″.
Poisonous gases
Besides fire and smoke, poisonous gases can be lethal to an unsuspecting individual sleeping in a room situated in a dangerous part of the property.
Additional codes exist to prevent this from happening.
- A room cannot be considered a bedroom if the sole access to the hot water heater and/or furnace is through that room.
- A bedroom cannot be located with a door opening into a garage.
Insurance troubles
Regardless of what action the city takes, it is prudent to tell your insurance agent about the in-law if you own or are thinking about purchasing a home with such a unit. If you do not divulge this information, you could find yourself without insurance if an occupant of your unit causes damage or, even worse, is injured or dies.
Oakland’s proposed changes
The city has prepared a list of “proposed zoning regulation changes” for secondary units. This check list compares Oakland’s current rules to new state mandates and planned changes. Items covered include permit requirements, owner occupancy, unit floor area, parking, and street emergency access.
Occupant fire and poisonous gas safety are not mentioned on the list. This oversight is worrisome.
Final Thoughts
The subject of legalizing in-laws is about more than providing additional housing or helping homeowners pay a portion of their mortgage with rental income. It is goes beyond parking, pollution or density.
Without question, the dominant issue is the duty of our city government to only allow secondary units that will be safe for their occupants. Doing less is unacceptable.
Related Articles:
Outlaw In-laws, Part 1
Outlaw In-laws, Part 2
What Is a Bedroom