13.42.005 Applicability.

A.    This Chapter shall not apply to Community Care Facilities or Senior Congregate Housing as defined in Chapter 23F.04.

B.    1. A GLA that has adopted operating protocols that the City determines are functionally equivalent to the requirements set forth in this Chapter shall be exempt from this Chapter except as it applies to owners and/or Property Managers, provided that said protocols are consistently implemented and enforced.

2.    Such protocols shall include provisions for monitoring and enforcement by a Monitoring Organization.

3.    An exemption under this subdivision shall lapse upon written notice by the City to a GLA:

a.    of two violations of Section 13.42.030 or 13.42.036 on different dates at its location during any twelve-month period from September 1st through August 30th, unless those violations were remedied as provided in the adopted protocols; or

b.    that the adopted protocols, although followed and enforced, are inadequate to ensure compliance with Sections 13.42.030 and 13.42.036. In such cases, the GLA shall be given a reasonable opportunity to propose revised protocols for review by the City.

4.    An exemption under this subdivision premised on monitoring and enforcement by a Monitoring Organization shall lapse if the City determines, after written notice to the Monitoring Organization that the required monitoring or enforcement has not occurred or that it has omitted to report noncompliance with the protocols.

C.    This Chapter shall not apply to any apartment house that is subject to and in compliance with Section 19.40.100, Chapter 17 of the Berkeley Housing Code, section 1701.

D.    This Chapter shall not apply to hotels as defined in Section 7.36.020.A.

E.    This Chapter shall not apply to owner-occupied buildings. (Ord. 7631 §1, 2018: Ord. 7455-NS § 2, 2016: Ord. 7226-NS § 1 (part), 2012. Formerly 13.42.070)