Council upholds building official’s E3 determination for 1615 Fairview; owner’s constitutional objections denied

The Berkeley City Council on June 9 denied an appeal challenging the application of the E3 (exterior elevated elements) inspection program to a four‑unit building at 1615 Fairview Street.

Staff presentation: Planning and Building staff summarized state law and the local E3 program, noting that both state and Berkeley municipal code require cyclical inspections of weather‑exposed exterior elevated elements located six feet or more above grade on buildings with three or more dwelling units. Staff reviewed the property’s configuration and the appellant’s prior filings and stated the building was not exempt.

Appellant’s arguments: The owner, Andrew Marowitz, argued the E3 mandate and related enforcement violated constitutional protections (Fourth, Fifth and Fourteenth Amendments) and alleged procedural unfairness in prior hearings. Marowitz also raised claims about administrative process, transcript changes and impartiality.

Staff and council response: Staff said the E3 program — adopted locally after the 2015 Kittredge balcony collapse — implements state safety requirements and that independent investigations found the Kittredge failure was caused by severe dry rot and water damage, not design alone. Several councilmembers cited the Kittredge tragedy and state law and expressed that the city’s police power to protect public safety supports cyclical inspections.

Vote: Council voted to affirm the Housing Advisory Commission’s decision and uphold the building official’s determination and associated fees. The motion passed on a roll call vote (recusal noted for Mayor Ishii).