I am saddened  to report that victims of the Oakland Warehouse (“Ghost Ship”) fire included  two recent employees of the West Contra Costa Unified School District, Travis Hough and Sara Hoda. I have been informed by  District sources that Mr. Hough and Ms. Hoda were  among the 36 known victims of the devastating  warehouse fire that took place Friday evening in Oakland. 
            Mr. Hough was an expressive arts  therapist at Montalvin Manor and worked with the District  through a partnership with Bay Area Community Resources. He served in a similar  role at King Elementary during the 2015-16 school year and started as an intern  at Helms Middle School during the 2014-15 year. A GoFundMe account has been set  up for Mr. Hough and can be accessed at this link. 
            Ms. Hoda was a kindergarten  teacher at Coronado Elementary for the August 2014 through June 2016 before  taking a teaching job in Oakland.  
            This is, ironically, a teachable moment. 
            As both an architect and a mayor, I am compelled  to respond to many comments in the media, social and otherwise, that the root  cause of the fatalities was a shortage of affordable housing and studio space  for artists, example, “Oakland  fire puts spotlight on lack of affordable spaces for artists,” USA Today  and “Oakland  warehouse fire is product of housing crisis, say artists and advocates,” Oakland  Guardian).
            I have to disagree. The the root  cause of the fatalities was that a building owner and a prime tenant were  apparently using the building for an illegal and dangerous purpose, putting  people in grave danger while making money from it. From news accounts, the  building was not approved for residential purposes, and it did not have  fundamental safety features like accessible stairways, emergency lighting, fire  alarms or sprinklers. 
              
            It’s not even clear how many  residents the building had (the owner says none), but the fatalities were a  result not of occupancy by residents (if any) but from the use of the hard to  reach second floor for a large party attended by far more people than those who  may have actually lived there. In architectural and building code jargon, this  is called an “Assembly Occupancy,” which has special requirements related to  life safety. 
            The building and fire codes we  are required by law to live by come from the State of California and are,  collectively, the 2013 California  Building Standards Code, Title 24, California Code of Regulations, also  known as the California Building Code. They include the California  Fire Code as well as codes for buildings, including plumbing, electrical,  mechanical, etc. Most cities have their own set of amendments that, if adopted,  must be stricter than the state codes. The original purpose of building codes  was to make buildings safer from fire. Before building codes, cities all over  were regularly consumed by fire. 
            All cities and counties are required by the  state to be the enforcer of these codes. Making sure that buildings are safe  for not only their permanent occupants but also for the public that uses them  periodically, is a core responsibility of cities, but not all cities do a very  good job of this for a number of reasons. Enforcing codes in existing  buildings, including making required inspections, is a low priority for many  cities. It can be tedious and time consuming and often requires a level of  persistence that code compliance employees are reluctant to exercise. News  reports indicate that Oakland inspectors made a single effort to gain access to  the “Ghost Ship” sometime prior to the fire but were unable to do so.  Apparently, they gave up and never came back. 
            Cities also get a lot of pushback when trying  to enforce codes. Everyone wants to be excused or some reason. Artists want to  be excused because they are well – artists. And other people are also  sympathetic, explaining that the overzealous city should let them be – artists  – just doing their thing. Apparently finding a cheap studio or place to crash  is more important than life itself. 
            Which brings us to Richmond. I am actually  proud of our City staff for bearing down on code enforcement lately, even  though we have a long way to go. Richmond has long been known as a place that  doesn’t take code enforcement seriously, and even some City Council members,  like former council member Corky Booze, who is still being pursued legally by  the City for his illegal junkyards, have championed lax code enforcement. 
              
            One recent and highly publicized enforcement  action in Richmond involves a large, unpermitted commercial horse stable (Horses  in Richmond? December 2, 2016). Many critics of the enforcement  action have urged the City to back off (“The horses aren’t bothering anybody,  and “ This is the only place that an ordinary blue collar person can afford to  board a horse.” Well, the stables aren’t just for horses. Horse owners and care  givers are in there all the time, including children. Haphazard wood frame  construction and hay all over the place is a disaster waiting to happen.   The place is an acknowledged firetrap. There is no permit, no business  license, and there have been no fire inspections. One of the reasons is that  such inspections typically tier off a business license, and when there is none;  the premises are under the radar. Just like the Ghost Ship, the property owner  and prime sub-tenant are making money from the operation, and many people are  justifying it because it’s about only – horses. 
            We even have our own “Ghost Ship” in  Richmond, a place called “Burnt Ramen”  at 111 Espee Avenue, an unpermitted, unlicensed night club that boldly bill its  self as “an unsafe place for all ages.”  Because it has no business license, it has never  been inspected. 
              
            Building and fire codes are there for a  reason, to keep us all safe and alive. We need to embrace them and hold those  accountable who flout them, particularly for the purpose of making money.  |