CALIFORNIA BUILDING CODE — MATRIX ADOPTION TABLE
CHAPTER 1 — SCOPE AND ADMINISTRATION

(Matrix Adoption Tables are nonregulatory, intended only as an aid to the code user.
See Chapter 1 for state agency authority and building applications.)
Adopting agency	BSC	BSC-CG	SFM	HCD			DSA			OSHPD						BSCC	DPH	AGR	DWR	CEC	CA	SL	SLC
Adopting agency	BSC	BSC-CG	SFM	1	2	1/AC	AC	SS	SS/CC	1	1R	2	3	4	5	BSCC	DPH	AGR	DWR	CEC	CA	SL	SLC
Adopt entire chapter
Adopt entire chapter as amended (amended sections listed below)
Adopt only those sections that are listed below	X		X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X	X	X
Chapter / Section
Division I — California Administration
1.1	X		X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X			X	X	X
1.2	X		X
1.2.3							X
1.3			X													X
1.10.3.12				X	X
1.4			X																		X
1.5 (Reserved)			X
1.6			X															X
1.7			X														X
1.8			X	X	X	X
1.9			X
1.9.1 — 1.9.1.8							X
1.9.2								X	X
1.9.2.1								X
1.9.2.2									X
1.10			X
1.10.1										X	X
1.10.2												X
1.10.3													X
1.10.3.12				X	X
1.10.4														X
1.10.5 — 1.10.5.3															X
1.11			X
1.12			X																			X
1.13 (Reserved)
1.14																							X
Division II — Scope and Administration
101.1 — 101.4.5							X			X	X	X	X	X	X
101.4.7										X	X	X		X	X
102.1								X	X	X	X	X	X	X	X
102.2 — 102.4								X	X	X	X	X	X	X	X
102.4.1								X	X
102.4.3								X	X	X	X	X	X	X	X
102.4.4								X	X	X	X	X	X	X	X
102.5								X	X	X	X	X	X	X	X
102.6 — 104.1										X	X	X	X	X	X
104.2 — 104.4										X	X	X	X	X	X
104.5 — 104.8										X	X	X	X	X	X
104.9								X	X	X	X	X	X	X	X
104.10								X	X	X	X	X	X	X	X
104.11							X	X	X	X	X	X		X	X
104.11.1 — 104.11.2										X	X	X	X	X	X
104.11.3										X	X	X		X	X
104.11.4										X				X
105.1										X	X	X	X	X	X
105.1.1 — 105.2										X	X	X	X	X	X
105.2 Building: 1-13				X	X
105.2.1 — 105.2.2			X							X	X	X	X	X	X
105.2.3										X	X	X	X	X	X
105.3 — 105.3.1			X							X	X	X	X	X	X
105.3.2										X	X	X		X	X
105.4			X							X	X	X	X	X	X
105.5										X	X	X	X	X	X
105.6 — 105.7			X							X	X	X	X	X	X
106.1			X					X	X	X	X	X	X	X	X
106.1.1								X	X	X	X	X		X	X
106.2 — 106.3			X							X	X	X	X	X	X
107.1			X	X	X					X	X	X	X	X	X
107.2			X							X	X	X	X	X	X
107.2.1			X	X	X					X	X	X			X
107.2.3			X	X	X
107.2.4			X	X	X
107.2.5			X	X	X			X	X
107.2.6			X	X	X
107.2.6.1				X	X
107.2.7			X
107.3			X							X	X	X	X	X	X
107.3.4.1										X	X	X		X	X
107.4			X
107.5			X							X	X	X	X	X	X
108.1 — 108.4			X							X	X	X	X	X	X
109										X	X	X	X	X	X
110.1 — 110.3			X							X	X	X	X	X	X
110.3.1 — 110.3.3				X	X					X	X	X	X	X	X
110.3.4 — 110.3.7			X	X	X					X	X	X	X	X	X
110.3.4.1				X
110.3.6								X	X
110.3.9 — 110.3.11			X	X	X					X	X	X	X	X	X
110.3.10.1				X	X
110.3.11.1				X	X
110.3.11.2				X	X
110.3.12			X	X	X			X	X
110.4 — 110.6			X							X	X	X	X	X	X
111.1			X							X	X	X	X	X	X
111.2			X				X			X	X	X	X	X	X
111.3 — 111.4			X							X	X	X	X	X	X
112			X							X	X	X	X	X	X
113										X	X	X	X	X	X
114.1 — 114.2			X							X	X	X	X	X	X
114.2 — 114.3										X	X	X	X	X	X
115 - 116			X							X	X	X	X	X	X

The state agency does not adopt sections identified by the following symbol: †
The Office of the State Fire Marshal's adoption of this chapter or individual sections is applicable to structures regulated by other state agencies pursuant to Section 1.11.

Division I California Administration

Section 1.1 General

1.1.1 Title

These regulations shall be known as the California Building Code, may be cited as such and will be referred to herein as "this code." The California Building Code is Part 2 of thirteen parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2018 International Building Code of the International Code Council with necessary California amendments.

1.1.2 Purpose

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.

1.1.3 Scope

The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California.

1.1.3.1 Nonstate-Regulated Buildings, Structures and Applications

Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applications not regulated by a state agency.

1.1.3.2 State-Regulated Buildings, Structures and Applications

The model code, state amendments to the model code, and/or state amendments where there are no relevant model code provisions shall apply to the following buildings, structures, and applications regulated by state agencies as specified in Sections 1.2 through 1.14, except where modified by local ordinance pursuant to Section 1.1.8. When adopted by a state agency, the provisions of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the state legislature.

Note: See "How to Distinguish Between Model Code Language and California Amendments" in the front of the code.

State-owned buildings, including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California, and regulated by the Building Standards Commission. See Section 1.2 for additional scope provisions.
Local detention facilities regulated by the Board of State and Community Corrections. See Section 1.3 for additional scope provisions.
Barbering, cosmetology or electrolysis establishments, acupuncture offices, pharmacies, veterinary facilities and structural pest control locations regulated by the Department of Consumer Affairs. See Section 1.4 for additional scope provisions.
Section 1.5 reserved for the California Energy Commission.
Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 1.6 for additional scope provisions.
Organized camps, laboratory animal quarters, public swimming pools, radiation protection, commissaries serving mobile food preparation vehicles and wild animal quarantine facilities regulated by the Department of Public Health. See Section 1.7 for additional scope provisions.
Hotels, motels, lodging houses, apartments, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions.
Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use areas serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of covered multifamily dwellings, and new common-use areas serving new covered multifamily dwellings, which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions.
Permanent buildings and permanent accessory buildings or structures constructed within mobile-home parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 1.8.2.1.3 for additional scope provisions.
Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.
Public elementary and secondary schools, community college buildings and state-owned or state-leased essential service buildings regulated by the Division of the State Architect. See Section 1.9.2 for additional scope provisions.
Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Safety Board with the Division of the State Architect. See Section 1.9.3 for additional scope provisions.
General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 1.10 for additional scope provisions.
Applications regulated by the Office of the State Fire Marshal include, but are not limited to, the following in accordance with Section 1.11:
1. 14.1. Buildings or structures used or intended for use as an:
  1. Asylum, jail, prison
  2. Mental hospital, hospital, home for the elderly, children's nursery, children's home or institution, school or any similar occupancy of any capacity
  3. Theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education
  4. Small family day-care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities
  5. State institutions or other state-owned or state-occupied buildings
  6. High rise structures
  7. Motion picture production studios
  8. Organized camps
  9. Residential structures
2. 14.2. Tents, awnings or other fabric enclosures used in connection with any occupancy
3. 14.3. Fire alarm devices, equipment and systems in connection with any occupancy
4. 14.4. Hazardous materials, flammable and combustible liquids
5. 14.5. Public school automatic fire detection, alarm and sprinkler systems
6. 14.6. Wildland-urban interface fire areas
Public libraries constructed and renovated using funds from the California Library Construction and Renovation Bond Act of 1988 and regulated by the State Librarian. See Section 1.12 for additional scope provisions.
Section 1.13 reserved for the Department of Water Resources.
For applications listed in Section 1.9.1 regulated by the Division of the State Architect—Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapter 11B.
Marine Oil Terminals regulated by the California State Lands Commission. See Section 1.14 for additional scope provisions.

1.1.4 Appendices

Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety Code Section 18901 et. seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts. See Section 1.1.8 of this code.

1.1.5 Referenced Codes

The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized architectural or engineering practices shall be employed. The National Fire Codes, standards, and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire prevention engineering practices.

1.1.6 Nonbuilding Standards, Orders and Regulations

Requirements contained in the California Building Code, or in any other referenced standard, code or document, which are not building standards as defined in Health and Safety Code Section 18909, shall not be construed as part of the provisions of this code. For nonbuilding standards, orders and regulations, see other titles of the California Code of Regulations.

1.1.7 Order of Precedence and Use

1.1.7.1 Differences

In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.

1.1.7.2 Specific Provisions

Where a specific provision varies from a general provision, the specific provision shall apply.

1.1.7.3 Conflicts

When the requirements of this code conflict with the requirements of any other part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail.

1.1.7.3.1 Detached One- And Two-Family Dwellings

Detached one- and two-family dwellings, lodging houses, live/work units, townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures, may be designed and constructed in accordance with this code or the California Residential Code, but not both, unless the proposed structure(s) or element(s) exceed the design limitations established in the California Residential Code, and the code user is specifically directed by the California Residential Code to use this code.

1.1.8 City, County, or City and County Amendments, Additions or Deletions

The provisions of this code do not limit the authority of city, county, or city and county governments to establish more restrictive and reasonably necessary differences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amendments, additions or deletions to this code by a city, county, or city and county filed pursuant to Section 1.1.8.1 shall be the date filed. However, in no case shall the amendments, additions or deletions to this code be effective any sooner than the effective date of this code.

Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts.

1.1.8.1 Findings and Filings

The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological conditions.

Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings.
The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire departments shall file the amendments, additions or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.
Findings prepared by fire protection districts shall be ratified by the local city, county or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P.O. Box 278180, Sacramento, CA 95827 or 9342 Tech Center Drive, Suite 500, Sacramento, CA 95826.

1.1.8.2 Locally Adopted Energy Standards—California Energy Code, Part 6

In addition to the provisions of Section 1.1.8.1 of this part, the provisions of this section shall apply to a city, county, and cities and counties adopting local energy standards applicable to buildings and structures subject to the California Energy Code, Part 6.

Applicable provisions of Public Resources Code Section 25402.1(h)(2) and applicable provisions of Section 10-106, Chapter 10 of the California Administrative Code, Part 1 apply to locally adopted energy standards amending the California Energy Code, Part 6.

1.1.9 Effective Date of This Code

Only those standards approved by the California Building Standards Commission that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code, see the History Note page of this code.

Exceptions:

[HCD 1 & HCD 2] Retroactive permits issued in accordance with Health and Safety Code Section 17958.12.
(HCD 1 & HCD 2) Plans approved by the Department of Housing and Community Development or a Department-approved design approval agency for factory-built housing as defined by Health and Safety Code Section 19971. Approved plans, pursuant to the California Code of Regulations, Title 25, Division 1, Chapter 3, Sub-chapter 1, Article 3, Section 3048 remain valid for a period of 36 months from the date of plan approval.

1.1.10 Availability of Codes

At least one complete copy each of Titles 8, 19, 20, 24 and 25 with all revisions shall be maintained in the office of the building official responsible for the administration and enforcement of this code. Each state department concerned and each city, county, or city and county shall have an up-to-date copy of the code available for public inspection. See Health and Safety Code Section 18942(e)(1) and (2).

1.1.11 Format

This part fundamentally adopts the International Building Code by reference on a chapter-by-chapter basis. When a specific chapter of the International Building Code is not printed in the code and is marked "Reserved", such chapter of the International Building Code is not adopted as a portion of this code. When a specific chapter of the International Building Code is marked "Not adopted by the State of California" but appears in the code, it may be available for adoption by local ordinance.

Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.

1.1.12 Validity

If any chapter, section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.

Section 1.2 Building Standards Commission

1.2.1 BSC

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

State buildings for all occupancies.

Application—State buildings (all occupancies), including buildings constructed by the Trustees of the California State University (CSU) and the Regents of the University of California (UC) where no state agency has the authority to adopt building standards applicable to such buildings.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Health and Safety Code Section 18934.5.

Reference—Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901.
University of California, California State Universities and California Community Colleges.

Application—Standards for lighting for parking lots and primary campus walkways at the University of California, California State Universities and California Community Colleges.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Government Code Section 14617.

Reference—Government Code Section 14617.
Existing state-owned buildings, including those owned by the University of California and by the California State University.

Application—Building seismic retrofit standards including abating falling hazards of structural and nonstructural components and strengthening of building structures. See also Division of the State Architect.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Health and Safety Code Section 16600.

Reference—Health and Safety Code Sections 16600 through 16604.
Unreinforced masonry-bearing wall buildings.

Application—Minimum seismic strengthening standards for buildings specified in Appendix Chapter A1 of the California Existing Building Code, except for buildings subject to building standards adopted pursuant to Health and Safety Code (commencing) with Section 17910.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Health and Safety Code Section 18934.7.

Reference—Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901.

1.2.1.1 State Building

For purposes of this code, a "state building" is a structure for which a state agency or state entity has authority to construct, alter, enlarge, replace, repair or demolish.

1.2.1.2 Enforcement

[CSU, UC, Judicial Council and California Department of Corrections and Rehabilitation] State agencies or state entities authorized to construct state buildings may appoint a building official who is responsible to the agency for enforcement of the provisions of the California Building Standards Code.

Exception: State buildings regulated by other sections of this code remain the enforcement responsibility of the designated entities.

1.2.1.3 Enforcement. Reserved for DGS

1.2.1.4 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym BSC.

1.2.2 BSC-CG

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Green buildings standards for nonresidential occupancies.

Application—All occupancies where no state agency has the authority to adopt green building standards applicable to those occupancies.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Health and Safety Code Sections 18930.5(a), 18938, and 18940.5.

Reference—Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901.
Graywater systems for nonresidential occupancies.

Application—The construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Health and Safety Code Section 18941.8.

Reference—Health and Safety Code Section 18941.8.

1.2.2.1 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym BSC-CG.

1.2.3 Alternative Materials, Design and Methods of Construction and Equipment

1.2.3.1 Research Reports

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

1.2.3.2 Tests

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

Section 1.3 Board of State and Community Corrections

1.3.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Local detention facilities.

Enforcing agency—Board of State and Community Corrections.

Authority cited—Penal Code Section 6030; Welfare and Institutions Code Sections 207.1, 210 and 885.

Reference—Penal Code Section 6030; Welfare and Institutions Code Sections 207.1, 210 and 885.

1.3.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym BSCC.

Section 1.4 Department of Consumer Affairs

1.4.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Board of Barbering and Cosmetology.

Application—Any establishment or mobile unit where barbering, cosmetology or electrolysis is being performed.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Business and Professions Code Section 7312.

Reference—Business and Professions Code Sections 7303, 7303.1, 7312 and 7313.
Acupuncture Board.

Application—Acupuncture offices.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Business and Professions Code Section 4933.

Reference—Business and Professions Code Sections 4928, 4928.1 and 4933.
Board of Pharmacy.

Application—Pharmacies.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Business and Professions Code Section 4005.

Reference—Business and Professions Code Sections 4005, 4127.7 and 4201.
Veterinary Medical Board.

Application—Veterinary facilities.

Enforcing agency—State or local agency specified by the applicable provisions of law.

Authority cited—Business and Professions Code Section 4808.

Reference—Business and Professions Code Sections 4800, 4800.1, 4808 and 4809.5.
Structural Pest Control Board.

Application—Structural pest control locations.

Enforcing agency—Structural Pest Control Board.

Authority cited—Business and Professions Code Section 8525.

Reference—Business and Professions Code Sections 8520, 8520.1 and 8525.

1.4.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym CA.

Section 1.5 Reserved

Section 1.6 Department of Food and Agriculture

1.6.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Dairies and places of meat and poultry inspection.

Enforcing agency—Department of Food and Agriculture.

Authority cited—Food and Agricultural Code Sections 18735, 18960, 19384, 33481 and 33731.

Reference—Food and Agricultural Code Sections 18735, 18960, 19384, 33481 and 33731.

1.6.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym AGR.

Section 1.7 California Department of Public Health

1.7.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

California Department of Public Health

Application—Organized camps, laboratory animal quarters, public swimming pools, radiation protection and producing facilities, commissaries serving mobile food preparation vehicles, wild animal quarantine facilities, shellfish facilities and food establishments.

Enforcing agency—The California Department of Public Health and the local health agencies.

Authority cited—Health and Safety Code Sections 1660, 18897.2, 110065, 112165, 113710, 114304, 115061, 116050, 121795 and 131200.

Reference—Health and Safety Code Sections 1650, 1660, 18897.2, 18897.4, 18897.7, 100150, 110065, 113705, 113710, 114825, 114965, 115061, 116050, 116503, 112165, 121795 and 131200.

1.7.2 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this section will be identified in the Matrix Adoption Tables under the acronym DPH.

Section 1.8 Department of Housing and Community Development

1.8.1 Purpose

The purpose of this code is to establish the minimum requirements necessary to protect the health, safety and general welfare of the occupants and the public by governing accessibility, erection, construction, reconstruction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court, area, sanitation, ventilation, maintenance and safety to life and property from fire and other hazards attributed to the built environment.

Section 1.8.2 Authority and Abbreviations

1.8.2.1 General

The Department of Housing and Community Development is authorized by law to promulgate and adopt building standards and regulations for several types of building applications. The applications under the authority of the Department of Housing and Community Development are listed in Sections 1.8.2.1.1 through 1.8.2.1.3.

Note: See the California Residential Code for detached one- and two-family dwellings and townhouses.

1.8.2.1.1 Housing Construction

Application—Hotels, motels, lodging houses, apartments, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilet or cooking facilities including accessory buildings, facilities, and uses thereto. Sections of this code which pertain to applications listed in this section are identified using the abbreviation "HCD 1."

Enforcing agency—Local building department or the Department of Housing and Community Development.

Authority cited—Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11 and 19990; and Government Code Section 12955.1.

Reference—Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and Sections 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.

1.8.2.1.2 Housing Accessibility

Application—Covered multifamily dwellings as defined in Chapter 2 including, but not limited to, lodging houses, dormitories, timeshares, condominiums, shelters for homeless persons, congregate residences, apartments, dwellings, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilet or cooking facilities.

Sections of this code identified by the abbreviation "HCD 1-AC" require specific accommodations for persons with disabilities as defined in Chapter 2. The application of such provisions shall be in conjunction with other requirements of this code and apply only to newly constructed covered multifamily dwellings as defined in Chapter 2. "HCD 1-AC" applications include, but are not limited to, the following:

All newly constructed covered multifamily dwellings as defined in Chapter 2.
New common use areas as defined in Chapter 2, serving existing covered multifamily dwellings.
Additions to existing buildings, where the addition alone meets the definition of covered multifamily dwellings as defined in Chapter 2.
New common use areas serving new covered multifamily dwellings.
Where any portion of a building's exterior is preserved, but the interior of the building is removed, including all structural portions of floors and ceilings, the building is considered a new building for determining the application of Chapter 11A.

"HCD 1-AC" building standards generally do not apply to public use areas or public accommodations such as hotels and motels, and public housing. Public use areas, public accommodations and public housing, as defined in Chapter 2, are subject to the Division of the State Architect (DSA-AC) in Chapter 11B, and are referenced in Section 1.9.1.

Newly constructed covered multifamily dwellings, which can also be defined as public housing, shall be subject to the requirements of Chapter 11A and Chapter 11B.

Enforcing agency—Local building department or the Department of Housing and Community Development.

Authority cited—Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11 and 19990; and Government Code Section 12955.1.

Reference—Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.

1.8.2.1.3 Permanent Buildings in Mobilehome Parks and Special Occupancy Parks

Application—Permanent buildings, and permanent accessory buildings or structures, constructed within mobilehome parks and special occupancy parks that are under the control and ownership of the park operator. Sections of this code which pertain to applications listed in this section are identified using the abbreviation "HCD 2."

Enforcing agency—The Department of Housing and Community Development, local building department or other local agency that has assumed responsibility for the enforcement of Health and Safety Code, Division 13, Part 2.1 commencing with Section 18200 for mobilehome parks and Health and Safety Code, Division 13, Part 2.3 commencing with Section 18860 for special occupancy parks.

Authority cited—Health and Safety Code Sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1 through 18873.5, 18938.3, 18944.11 and 19990; and Government Code Section 12955.1.

Reference—Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code Sections 1101.4, 1101.5 and 1954.201; and Government Code Sections 12955.1 and 12955.1.1.

Section 1.8.3 Local Enforcing Agency

1.8.3.1 Duties and Powers

The building department of every city, county, or city and county, shall enforce all the provisions of law, this code, and the other rules and regulations promulgated by the Department of Housing and Community Development pertaining to the installation, erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses and dwellings, including accessory buildings, facilities and uses thereto.

    The provisions regulating the erection and construction of dwellings and appurtenant structures shall not apply to existing structures as to which construction is commenced or approved prior to the effective date of these regulations. Requirements relating to use, maintenance and occupancy shall apply to all dwellings and appurtenant structures approved for construction or constructed before or after the effective date of this code.

    For additional information regarding the use and occupancy of existing buildings and appurtenant structures, see California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Article 1, Section 1.

    For additional requirements regarding additions, alterations or repairs to existing buildings and appurtenant structures, see the California Existing Building Code.

1.8.3.2 Laws, Rules and Regulations

Other than the building standards contained in this code, and notwithstanding other provisions of law, the statutory authority and location of the laws, rules and regulations to be enforced by local enforcing agencies are listed by statute in Sections 1.8.3.2.1 through 1.8.3.2.5 below:

1.8.3.2.1 State Housing Law

Refer to the State Housing Law, California Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1, for the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses and dwellings, including accessory buildings, facilities and uses thereto.

1.8.3.2.2 Mobilehome Parks Act

Refer to the Mobilehome Parks Act, California Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000 for mobilehome park administrative and enforcement authority, permits, plans, fees, violations, inspections and penalties both within and outside mobilehome parks.

Exception: Mobilehome parks where the Department of Housing and Community Development is the enforcing agency.

1.8.3.2.3 Special Occupancy Parks Act

Refer to the Special Occupancy Parks Act, California Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000 for special occupancy park administrative and enforcement authority, permits, fees, violations, inspections and penalties both within and outside of special occupancy parks.

Exception: Special occupancy parks where the Department of Housing and Community Development is the enforcing agency.

1.8.3.2.4 Employee Housing Act

Refer to the Employee Housing Act, California Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600 for employee housing administrative and enforcement authority, permits, fees, violations, inspections and penalties.

1.8.3.2.5 Factory-Built Housing Law

Refer to the Factory-Built Housing Law, California Health and Safety Code, Division 13, Part 6 commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000 for factory-built housing administrative and enforcement authority, permits, fees, violations, inspections and penalties.

Section 1.8.4 Permits, Fees, Applications and Inspections

1.8.4.1 Permits

A written construction permit shall be obtained from the enforcing agency prior to the erection, construction, reconstruction, installation, moving or alteration of any building or structure.

Exceptions:

Work exempt from permits as specified in Chapter 1, Division II, Scope and Administration, Section 105.2.
Changes, alterations or repairs of a minor nature not affecting structural features, egress, sanitation, safety or accessibility as determined by the enforcing agency.
Retroactive permits issued in accordance with Health and Safety Code Section 17958.12.

Exemptions from permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of other provisions of law or this code.

1.8.4.2 Fees

Subject to other provisions of law, the governing body of any city, county, or city and county, may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development. The amount of the fees shall not exceed the amount reasonably necessary to administer or process permits, certificates, forms or other documents, or to defray the costs of enforcement. For additional information, see the State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.

1.8.4.3 Plan Review and Time Limitations

Subject to other provisions of law, provisions related to plan checking, prohibition of excessive delays and contracting with or employment of private parties to perform plan checking are set forth in the State Housing Law, Health and Safety Code Section 17960.1, and for employee housing, in Health and Safety Code Section 17021.

1.8.4.3.1 Retention of Plans

The building department of every city, county, or city and county shall maintain an official copy, microfilm, electronic or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit.

Exceptions:

Single or multiple dwellings not more than two stories and basement in height.
Garages and other structures appurtenant to buildings listed in Exception 1.
Farm or ranch buildings appurtenant to buildings listed in Exception 1.
Any one-story building where the span between bearing walls does not exceed 25 feet (7620 mm), except a steel frame or concrete building.

All plans for common interest developments as defined in Section 4100 of the California Civil Code shall be retained. For additional information regarding plan retention and reproduction of plans by an enforcing agency, see Health and Safety Code Sections 19850 through 19852.

1.8.4.4 Inspections

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other regulations of the Department of Housing and Community Development. Required inspections are listed in Chapter 1, Division II, Scope and Administration, Sections 110.3.1, 110.3.2, 110.3.3, 110.3.4, 110.3.4.1, 110.3.5, 110.3.6, 110.3.7, 110.3.9, 110.3.10, 110.3.11, 110.3.11.1 and 110.3.11.2.

Section 1.8.5 Right of Entry for Enforcement

1.8.5.1 General

Subject to other provisions of law, officers and agents of the enforcing agency may enter and inspect public and private properties to secure compliance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following:

For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.

Section 1.8.6 Local Modification by Ordinance or Regulation

1.8.6.1 General

Subject to other provisions of law, a city, county, or city and county may make changes to the provisions adopted by the Department of Housing and Community Development. If any city, county, or city and county does not amend, add or repeal by local ordinances or regulations the provisions published in this code or other regulations promulgated by the Department of Housing and Community Development, those provisions shall be applicable and shall become effective 180 days after publication by the California Building Standards Commission. Amendments, additions and deletions to this code adopted by a city, county, or city and county pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, together with all applicable portions of this code, shall also become effective 180 days after publication of the California Building Standards Code by the California Building Standards Commission.

1.8.6.2 Findings, Filings and Rejections of Local Modifications

Prior to making any modifications or establishing more restrictive building standards, the governing body shall make express findings and filings, as required by California Health and Safety Code Section 17958.7, showing that such modifications are reasonably necessary due to local climatic, geological or topographical conditions. No modification shall become effective or operative unless the following requirements are met:

The express findings shall be made available as a public record.
A copy of the modification and express finding, each document marked to cross-reference the other, shall be filed with the California Building Standards Commission for a city, county, or city and county and with the Department of Housing and Community Development for fire protection districts.
The California Building Standards Commission has not rejected the modification or change.

Nothing in this section shall limit the authority of fire protection districts pursuant to California Health and Safety Code Section 13869.7(a).

Section 1.8.7 Alternate Materials, Designs, Tests and Methods of Construction

1.8.7.1 General

The provisions of this code, as adopted by the Department of Housing and Community Development, are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, design or method of construction not specifically prescribed by this code. Consideration and approval of alternates shall comply with Section 1.8.7.2 for local building departments and Section 1.8.7.3 for the Department of Housing and Community Development.

1.8.7.2 Local Building Departments

The building department of any city, county, or city and county may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses, dwellings, or accessory structures, except for the following:

Structures located in mobilehome parks as defined in California Health and Safety Code Section 18214.
Structures located in special occupancy parks as defined in California Health and Safety Code Section 18862.43.
Factory-built housing as defined in California Health and Safety Code Section 19971.

1.8.7.2.1 Approval of Alternates

The consideration and approval of alternates by a local building department shall comply with the following procedures and limitations:

The approval shall be granted on a case-by-case basis.
Evidence shall be submitted to substantiate claims that the proposed alternate, in performance, safety and protection of life and health, conforms to, or is at least equivalent to, the standards contained in this code and other rules and regulations promulgated by the Department of Housing and Community Development.
The local building department may require tests performed by an approved testing agency at the expense of the owner or owner's agent as proof of compliance.
If the proposed alternate is related to accessibility in covered multifamily dwellings or in facilities serving covered multifamily dwellings as defined in Chapter 2, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2.

For additional information regarding approval of alternates by a building department pursuant to the State Housing Law, see California Health and Safety Code Section 17951(e) and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.

1.8.7.3 Department of Housing and Community Development

The Department of Housing and Community Development may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal or demolition of apartments, condominiums, hotels, motels, lodging houses, dwellings or an accessory thereto and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alternates shall comply with the following:

The department may require tests at the expense of the owner or owner's agent to substantiate compliance with the California Building Standards Code.
The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests or methods of construction prescribed by this code.

Section 1.8.8 Appeals Board

1.8.8.1 General

Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.

Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.

1.8.8.2 Definitions

The following terms shall for the purposes of this section have the meaning shown.

HOUSING APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. In any area in which there is no such board or agency, "Housing appeals board" means the local appeals board having jurisdiction over the area.

LOCAL APPEALS BOARD. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the building requirements of the city, county, or city and county. In any area in which there is no such board or agency, "Local appeals board" means the governing body of the city, county, or city and county having jurisdiction over the area.

1.8.8.3 Appeals

Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.

The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.

Section 1.8.9 Unsafe Buildings or Structures

1.8.9.1 Authority to Enforce

Subject to other provisions of law, the administration, enforcement, actions, proceedings, abatement, violations and penalties for unsafe buildings and structures are contained in the following statutes and regulations:

For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. For enforcement related to accessory dwelling units, see Section 17980.12 operative until January 1, 2035.
For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.

1.8.9.2 Actions and Proceedings

Subject to other provisions of law, punishments, penalties and fines for violations of building standards are contained in the following statutes and regulations:

For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.
For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.
For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.
For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.
For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.

Section 1.8.10 Other Building Regulations

1.8.10.1 Existing Structures

Notwithstanding other provisions of law, the replacement, retention, and extension of original materials and the use of original methods of construction for any existing building or accessory structure, or portions thereof, shall be permitted in accordance with the provisions of this code and the California Existing Building Code, as adopted by the Department of Housing and Community Development. For additional information, see California Health and Safety Code, Sections 17912, 17920.3, 17922 and 17958.8.

1.8.10.2 Moved Structures

Subject to the requirements of California Health and Safety Code Sections 17922, 17922.3 and 17958.9, local ordinances or regulations relating to a moved residential building or accessory structure thereto, shall permit the replacement, retention, and extension of original materials and the use of original methods of construction so long as the structure does not become or continue to be a substandard building.

Section 1.9 Division of the State Architect

1.9.1 Division of the State Architect—Access Compliance

General. The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other improvements to which this code applies in compliance with state law to ensure that these improvements are accessible to and usable by persons with disabilities. Additions, alterations and structural repairs in all buildings and facilities shall comply with these provisions for new buildings, except as otherwise provided and specified herein.

The provisions of these regulations shall apply to any portable buildings leased or owned by a school district, and shall also apply to temporary and emergency buildings and facilities. Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered include, but are not limited to: reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services or temporary safe pedestrian passageways around a construction site.

In addition, to incorporate standards at least as restrictive as those required by the federal government for barrier-free design under (1) Title III (Public Accommodations and Commercial Facilities), Subpart D (New Construction and Alteration) (see 28 C.F.R., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, 2004 Americans with Disabilities Act Accessibility Guidelines, as adopted by the U.S. Department of Justice (see 36 C.F.R. Part 1191, Appendices B and D), and (3) under the Fair Housing Amendments Act of 1988. Some of these regulations may be more stringent than state law in order to meet the federal requirement.

1.9.1.1 Application

See Government Code commencing with Section 4450.

Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:

1.9.1.1.1

All buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political subdivision of the state. For public housing see Section 1.9.1.3.

1.9.1.1.2

All buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal, county or state division of government, or by a special district. For public housing see Section 1.9.1.3.

1.9.1.1.3

All existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities. For detailed requirements on existing buildings, see Chapter 11B, Division 2, Section 11B-202. For public housing see Section 1.9.1.3.

1.9.1.1.4

With respect to buildings, structures, sidewalks, curbs and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Government Code Section 4450, and in effect at the time construction is commenced, shall be applicable.

1.9.1.2 Application

See Health and Safety Code commencing with Section 19952.

All privately funded public accommodations, as defined, and commercial facilities, as defined, shall be accessible to persons with disabilities as follows:

Exception: Certain types of privately funded multistory buildings do not require installation of an elevator to provide access above and below the first floor. See Chapter 11B.

1.9.1.2.1

Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public.

1.9.1.2.2

Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities.

1.9.1.2.3

Any curb or sidewalk intended for public use that is constructed in this state with private funds.

1.9.1.2.4

All existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations as set forth under Chapter 11B.

1.9.1.3 Application—Public Housing

See Government Code Section 12955.1(c) and the definition for public housing in Chapter 2.

1.9.1.4 Enforcing Agency

1.9.1.4.1

The director of the Department of General Services where state funds are utilized for any project or where funds of counties, municipalities or other political subdivisions are utilized for the construction of elementary, secondary or community college projects.

1.9.1.4.2

The governing bodies where funds of counties, municipalities or other political subdivisions are utilized except as otherwise provided above.

1.9.1.4.3

The building department of every city, county or city and county within the territorial area of its city, county or city and county, where private funds are utilized. "Building department" means the department, bureau or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings.

1.9.1.5

Special conditions for persons with disabilities requiring appeals action ratification. Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through an appeals process.

1.9.1.6 Authority Cited—

Government Code Section 4450.

1.9.1.7 Reference Cited—

Government Code Sections 4450 through 4461 and 12955.1(c) and Health and Safety Code Sections 18949.1, 19952 through 19959.

1.9.1.8 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this Subsection 1.9.1 will be identified in the Matrix Adoption Tables under the acronym DSA-AC.

1.9.2 Division of the State Architect—Structural Safety

1.9.2.1 DSA-SS Division of the State Architect-Structural Safety

Application—Public elementary and secondary schools, community colleges and state-owned or state-leased essential services buildings.

Enforcing agency—The Division of the State Architect— Structural Safety (DSA-SS) has been delegated the responsibility and authority by the Department of General Services to review and approve the design and observe the construction of public elementary and secondary schools, community colleges and state-owned or state-leased essential services buildings.

Authority cited—Education Code Sections 17310 and 81142 and Health and Safety Code Section 16022.

Reference—Education Code Sections 17280 through 17317, and 81130 through 81147 and Health and Safety Code Sections 16000 through 16023.

1.9.2.1.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations:
1. Sections 4-301 through 4-355, Group 1, and Sections 4-401 through 4-435, Group 2, Chapter 4 for public elementary and secondary schools and community colleges.
2. Sections 4-201 through 4-249, Chapter 4, for state-owned or state-leased essential services buildings.
Title 24, Part 2, California Code of Regulations: [applies to public elementary and secondary schools, community colleges and state-owned or state-leased essential services building(s)]:
1. Sections 1.1 and 1.9.2.1 of Chapter 1, Division I.
2. Sections 102.1, 102.2, 102.3, 102.4, 102.5, 104.9, 104.10, 104.11, 106.1, 107.2.5 and 110.3.6 of Chapter 1, Division II.

1.9.2.1.2 Applicable Building Standards

California Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10, 11 and 12, California Code of Regulations, for school buildings, community colleges and state-owned or state-leased essential service buildings.

    The provisions of Title 24, Part 2, as adopted and amended by the Division of the State Architect—Structural Safety, shall apply to the applications listed in Section 1.9.2.1.

    The Division of the State Architect—Structural Safety adopts the following building standards in Title 24, Part 2:

    Chapters 2 through 10, 12, 14, 15, 16A, 17A, 18A, 19A, 20, 21A, 22A, 23, 24, 25, 26, 30, 31, 32, 33, and 35.

1.9.2.1.3 Amendments

Division of the State Architect— Structural Safety amendments in this code appear preceded with the acronym [DSA-SS].

Exception: Chapters 16A, 17A, 18A, 19A, 21A, and 22A—Amendments appearing in these chapters without an acronym have been co-adopted by DSASS and OSHPD.

1.9.2.1.4 Reference to Other Chapters

Where reference is made within this code to sections in Chapters 16, 17, 18, 19, 21, and 22, the respective sections in Chapters 16A, 17A, 18A, 19A, 21A, and 22A shall apply instead.

1.9.2.2 DSA-SS/CC Division of the State Architect-Structural Safety/Community Colleges

Application—Community Colleges. The Division of the State Architect has been delegated the authority by the Department of General Services to promulgate alternate building standards for application to community colleges, which a community college may elect to use in lieu of standards promulgated by DSA-SS in accordance with Section 1.9.2.1.

Enforcing agency—Division of the State Architect- Structural Safety/Community Colleges (DSA-SS/CC)

The Division of the State Architect has been delegated the authority by the Department of General Services to review and approve the design and oversee construction of community colleges electing to use the alternative building standards as provided in this section.

Authority cited—Education Code Section 81053.

Reference—Education Code Sections 81052, 81053, and 81130 through 81147.

1.9.2.2.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations:
1. Sections 4-301 through 4-355, Group 1, and Sections 4-401 through 4-435, Group 2, Chapter 4.
Title 24, Part 2, California Code of Regulations:
1. Sections 1.1 and 1.9.2 of Chapter 1, Division I.
2. Sections 102.1, 102.2, 102.3, 102.4, 102.5, 104.9, 104.10, 104.11, 106.1, 107.2.5 and 110.3.6 of Chapter 1, Division II.

1.9.2.2.2 Applicable Building Standards

California Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10, 11, and 12, California Code of Regulations.

The Division of the State Architect-Structural Safety/Community Colleges [DSA-SS/CC] adopts the following building standards in Title 24, Part 2:

Chapters 2 through 10, 12, 14, 15, 16, 17A, 18A, 19, 20, 21, 22, 23, 24, 25, 26, 30, 31, 32, 33, and 35.

1.9.2.2.3 Amendments

Division of the State Architect— Structural Safety/Community Colleges amendments in this code appear preceded with the acronym [DSA-SS/CC].

Exception: Chapters 17A, and 18A—Amendments appearing in these chapters without an acronym have been co-adopted by DSA-SS, DSA-SS/CC, and OSHPD.

1.9.2.2.4 Reference to Other Chapters

Where reference is made within this code to sections in Chapters 17 and 18, the respective sections in Chapters 17A and 18A shall apply instead.

Section 1.10 Office of Statewide Health Planning and Development

1.10.1 OSHPD 1 and OSHPD 1R

Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—[OSHPD 1] General acute care hospital buildings. [OSHPD 1R] Nonconforming hospital SPC or freestanding buildings that have been removed from
acute-care service.

Enforcing agency—Office of Statewide Health Planning and Development (OSHPD). The office shall enforce the Division of the State Architect-Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.

1.10.1.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapters 6 and 7.
Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.1.2 Applicable Building Standards

California Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10 and 11.

    The provisions of Title 24, Part 2, as adopted and amended by OSHPD, shall apply to the applications listed in Section 1.10.1.

    OSHPD 1 adopts the following building standards in Title 24, Part 2:

    Chapters 2 through 10, 12, 14, 15, 16A, 17A, 18A, 19A, 20, 21A, 22A, 23, 24, 25, 26, 30, 31, 32, 33, 35, and Appendix L.

    OSHPD 1R adopts the following building standards in Title 24, Part 2:

    Chapters 2 through 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 30, 31, 32, 33 and 35.

1.10.1.3 Identification of Amendments

For applications listed in Section 1.10.1, amendments appear in this code preceded with the acronym [OSHPD 1], unless the entire chapter is applicable. For nonconforming hospital buildings removed from acute-care service, amendments are preceded with the acronym [OSHPD 1R].

1.10.1.4 Reference to Other Chapters

Where reference is made within this code to sections in Chapters 16, 17, 18, 19, 21, and 22, the respective sections in Chapters 16A, 17A, 18A, 19A, 21A and 22A shall apply instead for hospital buildings under OSHPD 1.

Authority—Health and Safety Code Sections 127010, 127015, 1275 and 129850.

References—Health and Safety Code Sections 19958, 127010, 127015, 129680, 1275 and 129675 through 130070.

1.10.2 OSHPD 2

Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Skilled nursing facility and intermediate care facility buildings.

Enforcing agency—Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect—Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility type.

1.10.2.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.
Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.2.2 Applicable Building Standards

1.10.2.3 Identification of Amendments

For applications listed in Section 1.10.2, amendments appear in this code preceded with the acronym [OSHPD 2].

Authority—Health and Safety Code Sections 127010, 127015, 1275 and 129850.

References—Health and Safety Code Sections 127010, 127015, 1275 and 129680.

1.10.3 OSHPD 3

Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Licensed clinics and any freestanding building under a hospital license where outpatient clinical services are provided.

Enforcing agency—Local building department.

1.10.3.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.
Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.3.2 Applicable Building Standards

1.10.3.3 Identification of Amendments

For applications listed in Section 1.10.3, amendments appear in this code without the acronym [OSHPD 3]. Adoptions are shown in the adoption matrix.

Authority—Health and Safety Code Sections 127010, 127015 and 1226.

References—Health and Safety Code Sections 127010, 127015, 129885 and 1226, Government Code Section 54350 and State Constitution Article 11, Section 7.

1.10.4 OSHPD 4

Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Correctional treatment centers.

Enforcing agency—Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect—Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility types.

1.10.4.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.
Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

1.10.4.2 Applicable Building Standards

1.10.4.3 Identification of Amendments

For applications listed in Section 1.10.4, amendments appear in this code preceded with the acronym [OSHPD 4], unless the entire chapter is applicable.

1.10.4.4 Reference to Other Chapters

Where reference is made within this code to sections in Chapters 16, 17, 18, 19, 21, and 22, the respective sections in Chapters 16A, 17A, 18A, 19A, 21A and 22A shall apply instead.

Authority—Health and Safety Code Sections 127010, 127015 and 129790.

References—Health and Safety Code Sections 127010, 127015, 1275 and 129675 through 130070.

1.10.5 OSHPD 5

Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Acute psychiatric hospital buildings.

Enforcing agency—Office of Statewide Health Planning and Development (OSHPD). The office shall also enforce the Division of the State Architect — Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility type.

1.10.5.1 Applicable Administrative Standards

Title 24, Part 1, California Code of Regulations: Chapter 7.
Title 24, Part 2, California Code of Regulations: Sections 1.1 and 1.10, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter I, Division II.

1.10.5.2 Applicable Building Standards

California Building Standards Code, Title 24, Parts 2, 3, 4, 5, 6, 9, 10 and 11.

    The provision of Title 24, Part 2, as adopted and amended by OSHPD, shall apply to the applications listed in Section 1.10.5.

    OSHPD 5 adopts the following building standards in Title 24, Part 2:

    Chapters 2 through 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 30, 32, and 33.

1.10.5.3 Identification of Amendments

For applications listed in Section 1.10.5, amendments appear in this code preceded with the acronym [OSHPD 5].

Authority—Health and Safety Code Sections 127010, 127015, 1275 and 129850.

References—Health and Safety Code Sections 127010, 127015, 129680, 1275 and 129675 through 130070.

Section 1.11 Office of the State Fire Marshal

1.11.1 SFM—Office of the State Fire Marshal

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application:

Institutional, educational or any similar occupancy. Any building or structure used or intended for use as an asylum, jail, prison, mental hospital, hospital, sanitarium, home for the elderly, children's nursery, children's home or institution, school or any similar occupancy of any capacity.

Authority cited—Health and Safety Code Section 13143.

Reference—Health and Safety Code Section 13143.

Assembly or similar place of assemblage. Any theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.

Authority cited—Health and Safety Code Section 13143.

Reference—Health and Safety Code Section 13143.

Small family day-care homes.

Authority cited—Health and Safety Code Sections 1597.45, 1597.54, 13143 and 17921.

Reference—Health and Safety Code Section 13143.

Large family day-care homes.

Authority cited—Health and Safety Code Sections 1597.46, 1597.54 and 17921.

Reference—Health and Safety Code Section 13143.

Residential facilities and residential facilities for the elderly.

Authority cited—Health and Safety Code Section 13133.

Reference—Health and Safety Code Section 13143.

Any state institution or other state-owned or state-occupied building.

Authority cited—Health and Safety Code Section 13108.

Reference—Health and Safety Code Section 13143.

High-Rise structures.

Authority cited—Health and Safety Code Section 13211.

Reference—Health and Safety Code Section 13143.

Motion picture production studios.

Authority cited—Health and Safety Code Section 13143.1.

Reference—Health and Safety Code Section 13143.

Organized camps.

Authority cited—Health and Safety Code Section 18897.3.

Reference—Health and Safety Code Section 13143.

Residential. All hotels, motels, lodging houses, apartment houses and dwellings, including congregate residences and buildings and structures accessory thereto.

Multiple-story structures existing on January 1, 1975, let for human habitation, including and limited to, hotels, motels and apartment houses, less than 75 feet (22 860 mm) above the lowest floor level having building access, wherein rooms used for sleeping are let above the ground floor.

Authority cited—Health and Safety Code Sections 13143.2 and 17921.

Reference—Health and Safety Code Section 13143.

Residential care facilities. Certified family care homes, out-of-home placement facilities, halfway houses, drug and/or alcohol rehabilitation facilities and any building or structure used or intended for use as a home or institution for the housing of any person of any age when such person is referred to or placed within such home or institution for protective social care and supervision services by any governmental agency.

Authority cited—Health and Safety Code Section 13143.6.

Reference—Health and Safety Code Section 13143.

Tents, awnings or other fabric enclosures used in connection with any occupancy.

Authority cited—Health and Safety Code Section 13116.

Reference—Health and Safety Code Section 13143.

Fire alarm devices, equipment and systems in connection with any occupancy.

Authority cited—Health and Safety Code Section 13114.

Reference—Health and Safety Code Section 13143.

Hazardous materials.

Authority cited—Health and Safety Code Section 13143.9.

Reference—Health and Safety Code Section 13143.

Flammable and combustible liquids.

Authority cited—Health and Safety Code Section 13143.6.

Reference—Health and Safety Code Section 13143.

Public School Automatic Fire Detection, Alarm and Sprinkler Systems.

Authority cited—Health and Safety Code Section 13143 and California Education Code Article 7.5, Sections 17074.50, 17074.52 and 17074.54.

Reference—Government Code Section 11152.5, Health and Safety Code Section 13143 and California Education Code Chapter 12.5, Leroy F. Greene School Facilities Act of 1998, Article 1.

Wildland-Urban Interface Fire Area.

Authority cited—Health and Safety Code Sections 13143, 13108.5(a) and 18949.2(b) and (c) and Government Code Section 51189.

Reference—Health and Safety Code Sections 13143, Government Code Sections 51176, 51177, 51178 and 51179 and Public Resources Code Sections 4201 through 4204.

1.11.1.1 Adopting Agency Identification

The provisions of this code applicable to buildings identified in this Subsection 1.11.1 will be identified in the Matrix Adoption Tables under the acronym SFM.

1.11.2 Duties and Powers of the Enforcing Agency

1.11.2.1 Enforcement

1.11.2.1.1

The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal shall, except as provided in Section 1.11.2.1.2, be as follows:

The city, county or city and county with jurisdiction in the area affected by the standard or regulation shall delegate the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to either of the following:
1. The chief of the fire authority of the city, county or city and county, or an authorized representative.
2. The chief building official of the city, county or city and county, or an authorized representative.
The chief of any city or county fire department or of any fire protection district, and authorized representatives, shall enforce within the jurisdiction the building standards and other regulations of the State Fire Marshal, except those described in Item 1 or 4.
The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection services.
The State Fire Marshal shall have authority to enforce the building standards and other regulations of the State Fire Marshal in corporate cities and districts providing fire protection services on request of the chief fire official or the governing body.
Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fee is charged pursuant to Section 66014 of the Government Code.

1.11.2.1.2

Pursuant to Health and Safety Code Section 13108, and except as otherwise provided in this section, building standards adopted by the State Fire Marshal published in the California Building Standards Code relating to fire and panic safety shall be enforced by the State Fire Marshal in all state-owned buildings, state-occupied buildings, and state institutions throughout the state. Upon the written request of the chief fire official of any city, county or fire protection district, the State Fire Marshal may authorize such chief fire official and his or her authorized representatives, in their geographical area of responsibility, to make fire prevention inspections of state-owned or state-occupied buildings, other than state institutions, for the purpose of enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal pursuant to this section and building standards relating to fire and panic safety published in the California Building Standards Code. Authorization from the State Fire Marshal shall be limited to those fire departments or fire districts which maintain a fire prevention bureau staffed by paid personnel.

Pursuant to Health and Safety Code Section 13108, any requirement or order made by any chief fire official who is authorized by the State Fire Marshal to make fire prevention inspections of state-owned or state-occupied buildings, other than state institutions, may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to the provisions of Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13 of the Health and Safety Code, determine if the requirement or order made is reasonably consistent with the fire and panic safety regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Code.

Any person may request a code interpretation from the State Fire Marshal relative to the intent of any regulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occupancy or building, the State Fire Marshal shall review the issue with the appropriate local enforcing agency prior to rendering such code interpretation.

1.11.2.1.3

Pursuant to Health and Safety Code Section 13112, any person who violates any order, rule or regulation of the State Fire Marshal is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or by imprisonment for not less than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues or permits a violation of any provision of, or any order, rule or regulation of, the State Fire Marshal as contained in this code.

Any inspection authority who, in the exercise of his or her authority as a deputy State Fire Marshal, causes any legal complaints to be filed or any arrest to be made shall notify the State Fire Marshal immediately following such action.

1.11.2.2 Right of Entry

The fire chief of any city, county or fire protection district, or such person's authorized representative, may enter any state institution or any other state-owned or state-occupied building for the purpose of preparing a fire suppression preplanning program or for the purpose of investigating any fire in a state-occupied building.

The State Fire Marshal, his or her deputies or salaried assistants, the chief of any city or county fire department or fire protection district and his or her authorized representatives may enter any building or premises not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies or salaried assistants and the chief of any city or county fire department or fire protection district and his or her authorized representatives to enter and inspect them at the time and for the purpose stated in this section.

1.11.2.3 More Restrictive Fire and Panic Safety Building Standards

1.11.2.3.1

Any fire protection district organized pursuant to Health and Safety Code Part 2.7 (commencing with Section 13800) of Division 12 may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to Section 1.1.8.1.

1.11.2.3.2

Any fire protection district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days prior to noticing a proposed ordinance for public hearing, provide a copy of that ordinance, together with the adopted findings made pursuant to Section 1.11.2.3.1, to the city, county, or city and county where the ordinance will apply. The city, county, or city and county may provide the district with written comments, which shall become part of the fire protection district's public hearing record.

1.11.2.3.3

The fire protection district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legislative body of the city, county, or city and county may ratify, modify or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a written statement describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon ratification of an adopted ordinance, the city, county or city and county shall file a copy of the findings of the district, and any findings of the city, county, or city and county, together with the adopted ordinance expressly marked and identified to which each finding refers, in accordance with Section 1.1.8.1(3).

1.11.2.4 Request for Alternate Means of Protection

Requests for approval to use an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment or means of protection shall be made in writing to the enforcing agency by the owner or the owner's authorized representative and shall be accompanied by a full statement of the conditions. Sufficient evidence or proof shall be submitted to substantiate any claim that may be made regarding its conformance. The enforcing agency may require tests and the submission of a test report from an approved testing organization as set forth in Title 19, California Code of Regulation, to substantiate the equivalency of the proposed alternative means of protection.

When a request for alternate means of protection involves hazardous materials, the authority having jurisdiction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Division 2, Chapter 4.5, Article 3.

Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment or means of protection made pursuant to these provisions shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.

1.11.2.5 Appeals

When a request for an alternate means of protection has been denied by the enforcing agency, the applicant may file a written appeal to the State Fire Marshal for consideration of the applicant's proposal. In considering such appeal, the State Fire Marshal may seek the advice of the State Board of Fire Services. The State Fire Marshal shall, after considering all of the facts presented, including any recommendations of the State Board of Fire Services, determine if the proposal is for the purposes intended, at least equivalent to that specified in these regulations in quality, strength, effectiveness, fire resistance, durability and safety, and shall transmit such findings and any recommendations to the applicant and to the enforcing agency.

1.11.3 Construction Documents

1.11.3.1 Public Schools

Plans and specifications for the construction, alteration or addition to any building owned, leased or rented by any public school district shall be submitted to the Division of the State Architect.

1.11.3.2 Movable Walls and Partitions

Plans or diagrams shall be submitted to the enforcing agency for approval before the installation of, or rearrangement of, any movable wall or partition in any occupancy. Approval shall be granted only if there is no increase in the fire hazard.

1.11.3.3 New Construction High-Rise Buildings

Complete plans or specifications, or both, shall be prepared covering all work required to comply with new construction high-rise buildings. Such plans and specifications shall be submitted to the enforcing agency having jurisdiction.
All plans and specifications shall be prepared under the responsible charge of an architect or a civil or structural engineer authorized by law to develop construction plans and specifications, or by both such architect and engineer. Plans and specifications shall be prepared by an engineer duly qualified in that branch of engineering necessary to perform such services. Administration of the work of construction shall be under the charge of the responsible architect or engineer except that where plans and specifications involve alterations or repairs, such work of construction may be administered by an engineer duly qualified to perform such services and holding a valid certificate under Chapter 7 (commencing with Section 65700) of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications and estimates and work of construction are applicable.

This section shall not be construed as preventing the design of fire-extinguishing systems by persons holding a C-16 license issued pursuant to Division 3, Chapter 9, Business and Professions Code. In such instances, however, the responsibility charge of this section shall prevail.

1.11.3.4 Existing High-Rise Buildings

Complete plans or specifications, or both, shall be prepared covering all work required by California Fire Code Chapter 11 and California Existing Building Code for existing high-rise buildings. Such plans or specifications shall be submitted to the enforcing agency having jurisdiction.
When new construction is required to conform with the provisions of these regulations, complete plans or specifications, or both, shall be prepared in accordance with the provisions of this subsection. As used in this section, "new construction" is not intended to include repairs, replacements or minor alterations which do not disrupt or appreciably add to or affect the structural aspects of the building.

1.11.3.5 Retention of Plans

Refer to Building Standards Law, Health and Safety Code Sections 19850 and 19851 for permanent retention of plans.

1.11.4 Fees

1.11.4.1 Other Fees

Pursuant to Health and Safety Code Section 13146.2, a city, county or district which inspects a hotel, motel, lodging house or apartment house may charge and collect a fee for the inspection from the owner of the structure in an amount, as determined by the city, county or district, sufficient to pay its costs of that inspection.

1.11.4.2 Large Family Day-Care

Pursuant to Health and Safety Code Section 1597.46, Large Family Day-Care Homes, the local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process.

1.11.4.3 High-Rise

Pursuant to Health and Safety Code Section 13217, High-Rise Structure Inspection: Fees and costs, a local agency which inspects a high-rise structure pursuant to Health and Safety Code Section 13217 may charge and collect a fee for the inspection from the owner of the high-rise structure in an amount, as determined by the local agency, sufficient to pay its costs of that inspection.

1.11.4.4 Fire Clearance Preinspection

Pursuant to Health and Safety Code Section 13235, Fire Clearance Preinspection, fee, upon receipt of a request from a prospective licensee of a community care facility, as defined in Section 1502, of a residential care facility for the elderly, as defined in Section 1569.2, or of a child day care facility, as defined in Section 1596.750, the local fire enforcing agency, as defined in Section 13244, or State Fire Marshal, whichever has primary jurisdiction, shall conduct a preinspection of the facility prior to the final fire clearance approval. At the time of the preinspection, the primary fire enforcing agency shall price consultation and interpretation of the fire safety regulations and shall notify the prospective licensee of the facility in writing of the specific fire safety regulations which shall be enforced in order to obtain fire clearance approval. A fee equal to, but not exceeding, the actual cost of the preinspection may be charged for the preinspection of a facility with a capacity to serve 25 or fewer persons. A fee equal to, but not exceeding, the actual cost of the preinspection may be charged for a preinspection of a facility with a capacity to serve 26 or more persons.

1.11.4.5 Care Facilities

The primary fire enforcing agency shall complete the final fire clearance inspection for a community care facility, residential care facility for the elderly, or child day care facility within 30 days of receipt of the request for the final inspection, or as of the date the prospective facility requests the final prelicensure inspection by the State Department of Social Services, whichever is later.

    Pursuant to Health and Safety Code Section 13235, a preinspection fee equal to, but not exceeding, the actual cost of the preinspection may be charged for a facility with a capacity to serve 25 or less clients. A fee equal to, but not exceeding, the actual cost of the preinspection may be charged for a preinspection of a facility with a capacity to serve 26 or more clients.

    Pursuant to Health and Safety Code Section 13131.5, a reasonable final inspection fee, not to exceed the actual cost of inspection services necessary to complete a final inspection may be charged for occupancies classified as residential care facilities for the elderly (RCFE).

    Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to residential care facilities for the elderly (RCFE) which service six or fewer persons.

1.11.4.6 Requests of the Office of the State Fire Marshal

Whenever a local authority having jurisdiction requests that the State Fire Marshal perform plan review and/or inspection services related to a building permit, the applicable fees for such shall be payable to the Office of the State Fire Marshal.

1.11.5 Inspections

Work performed subject to the provisions of this code shall comply with the inspection requirements of Sections 110.1, 110.3, 110.3.4, 110.3.5, 110.3.6, 110.3.8, 110.3.9, 110.3.10, 110.5 and 110.6 as adopted by the Office of the State Fire Marshal.

1.11.5.1 Existing Group I -1 or R Occupancies

Licensed 24-hour care in a Group I-1 or R occupancy in existence and originally classified under previously adopted state codes shall be reinspected under the appropriate previous code, provided there is no change in the use or character which would place the facility in a different occupancy group.

1.11.6 Certificate of Occupancy

A Certificate of Occupancy shall be issued as specified in Section 111.

Exception: Group R-3, and Group U occupancies.

Section 1.12 State Librarian

1.12.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Public library construction and renovation using funds from the California Library Construction and Renovation Bond Act of 1988.

Enforcing agency—State librarian.

Authority cited—Education Code Sections 19950 through 19981.

Reference—Education Code Sections 19950 through 19981.

Section 1.13 Department of Water Resources

Reserved

Section 1.14 California State Lands Commission

1.14.1

Specific scope of application of the agency responsible for enforcement, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

Application—Marine oil terminals.

Enforcing agency—California State Lands Commission.

Authority cited—Public Resources Code Section 8755.

Reference—Public Resources Code Section 8755.

Division II Scope and Administration

Part 1 Scope and Application

Section 101 General

[A] 101.1 Title

These regulations shall be known as the Building Code of [NAME OF JURISDICTION], hereinafter referred to as "this code."

[A] 101.2 Scope

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.

[A] 101.2.1 Appendices

Provisions in the appendices shall not apply unless specifically adopted.

[A] 101.3 Intent

The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

[A] 101.4 Referenced Codes

The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference.

[A] 101.4.1 Gas

The provisions of the California Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

[A] 101.4.2 Mechanical

The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

[A] 101.4.3 Plumbing

The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.

[A] 101.4.4 Property Maintenance

The provisions of the California Existing Building Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

[A] 101.4.5 Fire Prevention

The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

[A] 101.4.6 Energy

The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

[A] 101.4.7 Existing Buildings

The provisions of the California Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

[OSHPD 1] The provisions of Chapters 2A, 3A, 4A, and 5A of the California Existing Building Code shall apply to all matters governing the repairs, alterations, change of occupancy, additions, and relocation of existing structures and portions thereof under OSHPD jurisdiction. All references to Chapters 3, 4 and 5 of the California Existing Building Code shall be replaced by equivalent provisions in Chapters 3A, 4A and 5A.

[OSHPD 1R, 2, 4 & 5] The provisions of the California Existing Building Code, Chapters 2, 3, 4 and 5 shall apply to all matters governing the repairs, alterations, change of occupancy, additions, and relocation of existing structures and portions thereof under OSHPD jurisdiction.

Section 102 Applicability

[A] 102.1 General

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

[A] 102.2 Other Laws

The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

[A] 102.3 Application of References

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

[A] 102.4 Referenced Codes and Standards

The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.4.

[A] 102.4.1 Conflicts

Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

[A] 102.4.2 Provisions in Referenced Codes and Standards

Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the California Codes listed in Section 101.4, the provisions of this code or the California Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.

102.4.3 Code References

[OSHPD 1, 1R, 2, 3, 4, & 5, DSA-SS & DSA-SS/CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standards Codes.

102.4.4 Reference in Standards

[OSHPD 1, 1R, 2, 3, 4, & 5, DSA-SS & DSA-SS/CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code.

[A] 102.5 Partial Invalidity

In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

[A] 102.6 Existing Structures

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code, or the California Fire Code.

[A] 102.6.1 Buildings Not Previously Occupied

A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the California Building Code or California Residential Code, as applicable, for new construction or with any current permit for such occupancy.

[A] 102.6.2 Buildings Previously Occupied

The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Fire Code or California Existing Building Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

Part 2 Administration and Enforcement

Section 103 Department of Building Safety

[A] 103.1 Creation of Enforcement Agency

The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official.

[A] 103.2 Appointment

The building official shall be appointed by the chief appointing authority of the jurisdiction.

[A] 103.3 Deputies

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the California Existing Building Code.

Section 104 Duties and Powers of Building Official

[A] 104.1 General

The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

[A] 104.2 Applications and Permits

The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

[A] 104.2.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas

For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612.

[A] 104.3 Notices and Orders

The building official shall issue necessary notices or orders to ensure compliance with this code.

[A] 104.4 Inspections

The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.

[A] 104.5 Identification

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

[A] 104.6 Right of Entry

Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

[A] 104.7 Department Records

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

[A] 104.8 Liability

The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

[A] 104.8.1 Legal Defense

Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

[A] 104.9 Approved Materials and Equipment

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

[A] 104.9.1 Used Materials and Equipment

Materials that are reused shall comply with the requirements of this code for new materials. Used equipment and devices shall not be reused unless approved by the building official.

[A] 104.10 Modifications

Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

[A] 104.10.1 Flood Hazard Areas

The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

[A] 104.11 Alternative Materials, Design and Methods of Construction and Equipment

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. [DSA-SS, DSA-SS/CC & OSHPD 1, 1R, 2, 4 & 5] Alternative system shall satisfy ASCE 7 Section 1.3, unless more restrictive requirements are established by this code for an equivalent system.

[DSA-SS, DSA-SS/CC] Alternative systems shall also satisfy the California Administrative Code, Section 4-304.

[OSHPD 1, 1R, 2, 4 & 5] Alternative systems shall also satisfy the California Administrative Code, Section 7-104.

[A] 104.11.1 Research Reports

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

[A] 104.11.2 Tests

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made without expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

104.11.3 Peer Review

[OSHPD 1, 1R, 2, 4 & 5] When peer review is required for new or existing buildings, it shall be performed pursuant to Section 1617A.1.41.

104.11.4 Earthquake Monitoring Instruments

[OSHPD 1 & 4] The enforcement agency may require earthquake monitoring instruments for any building that receives approval of an alternative system for the Lateral Force Resisting System (LFRS). There shall be a sufficient number of instruments to characterize the response of the building during an earthquake and shall include at least one tri-axial free field instrument or equivalent. A proposal for instrumentation and equipment specifications shall be forwarded to the enforcement agency for review and approval.

The instruments shall be interconnected for common start and common timing. Each instrument shall be located so that access is maintained at all times and is unobstructed by room contents. A sign stating "MAINTAIN CLEAR ACCESS TO THIS INSTRUMENT" shall be posted in a conspicuous location.

The Owner of the building shall be responsible for the implementation of the instrumentation program. Maintenance and service of the instruments shall be in accordance with Appendix L, Section 1.101.3 of Part 2, Volume 2 of the California Building Code.

Section 105 Permits

[A] 105.1 Required

Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.

[A] 105.1.1 Annual Permit

Instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit.

[A] 105.1.2 Annual Permit Records

The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

[A] 105.2 Work Exempt From Permit

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (11 m²).
Fences not over 7 feet (2134 mm) high.
Oil derricks.
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
Temporary motion picture, television and theater stage sets and scenery.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

Portable heating appliance.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

Portable heating appliance.
Portable ventilation equipment.
Portable cooling unit.
Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
Replacement of any part that does not alter its approval or make it unsafe.
Portable evaporative cooler.
Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

[A] 105.2.1 Emergency Repairs

Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

[A] 105.2.2 Public Service Agencies

A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

[A] 105.3 Application for Permit

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

Identify and describe the work to be covered by the permit for which application is made.
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
Indicate the use and occupancy for which the proposed work is intended.
Be accompanied by construction documents and other information as required in Section 107.
State the valuation of the proposed work.
Be signed by the applicant, or the applicant's authorized agent.
Give such other data and information as required by the building official.

[A] 105.3.1 Action on Application

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

[A] 105.3.2 Time Limitation of Application

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. [OSHPD 1, 1R, 2, 4 & 5] Time limitation shall be in accordance with the California Administrative Code, Chapter 7, Section 7-129.

[A] 105.4 Validity of Permit

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

[A] 105.5 Expiration

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

[A] 105.6 Suspension or Revocation

The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

[A] 105.7 Placement of Permit

The building permit or copy shall be kept on the site of the work until the completion of the project.

Section 106 Floor and Roof Design Loads

[A] 106.1 Live Loads Posted

In commercial, institutional or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m²), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

106.1.1 Snow Load Posting

[OSHPD 1, 1R, 2, 4 & 5] Snow loads used in design shall be posted as for live loads.

106.1.2 Snow Load Posting

[DSA-SS, DSA-SS/CC] When design snow loads at exterior balconies, decks and other elevated walking surfaces exceed 50 psf, the design snow loads shall be posted as for live loads. When design roof (not ground) snow loads exceed 20 psf, the roof design snow loads for each roof level of the building shall similarly be conspicuously posted with signs stating the maximum design roof snow loads.

[A] 106.2 Issuance of Certificate of Occupancy

A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.

[A] 106.3 Restrictions on Loading

It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

Section 107 Submittal Documents

[A] 107.1 General

Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

[A] 107.2 Construction Documents

Construction documents shall be in accordance with Sections 107.2.1 through 107.2.8.

[A] 107.2.1 Information on Construction Documents

Construction documents shall be dimensioned and drawn on suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.

[A] 107.2.2 Fire Protection System Shop Drawings

Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.

[A] 107.2.3 Means of Egress

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

[A] 107.2.4 Exterior Wall Envelope

ILLUSTRATION

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.

[A] 107.2.5 Exterior Balconies and Elevated Walking Surfaces

Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.

[A] 107.2.6 Site Plan

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.

[A] 107.2.6.1 Design Flood Elevations

Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1.

[A] 107.2.7 Structural Information

The construction documents shall provide the information specified in Section 1603.

107.2.8 Relocatable Buildings

Construction documents for relocatable buildings shall comply with Section 3112.

[A] 107.3 Examination of Documents

The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

[A] 107.3.1 Approval of Construction Documents

When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

[A] 107.3.2 Previous Approvals

This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.

[A] 107.3.3 Phased Approval

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

[A] 107.3.4 Design Professional in Responsible Charge

Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

[A] 107.3.4.1 Deferred Submittals

Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. [OSHPD 1, 1R, 2, 4 & 5] Deferred submittals shall be in accordance with the California Administrative Code, Chapter 7, Section 7-126.

[A] 107.4 Amended Construction Documents

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

[A] 107.5 Retention of Construction Documents

One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.

Section 108 Temporary Structures and Uses

[A] 108.1 General

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

[A] 108.2 Conformance

Temporary structures and uses shall comply with the requirements in Section 3103.

[A] 108.3 Temporary Power

The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.

[A] 108.4 Termination of Approval

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

Section 109 Fees

[A] 109.1 Payment of Fees

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

[A] 109.2 Schedule of Permit Fees

On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

[A] 109.3 Building Permit Valuations

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.

[A] 109.4 Work Commencing Before Permit Issuance

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

[A] 109.5 Related Fees

The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

[A] 109.6 Refunds

The building official is authorized to establish a refund policy.

Section 110 Inspections

[A] 110.1 General

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

[A] 110.2 Preliminary Inspection

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

[A] 110.3 Required Inspections

The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11.

[A] 110.3.1 Footing and Foundation Inspection

Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.

[A] 110.3.2 Concrete Slab and Under-Floor Inspection

Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

[A] 110.3.3 Lowest Floor Elevation

ILLUSTRATION

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 shall be submitted to the building official.

[A] 110.3.4 Frame Inspection

Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

110.3.4.1 [HCD 1] Moisture Content Verification

Moisture content of framing members shall be verified in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.5.

[A] 110.3.5 Lath, Gypsum Board and Gypsum Panel Product Inspection

Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.

[A] 110.3.6 Weather-Exposed Balcony and Walking Surface Waterproofing

Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

Exception: Where special inspections are provided in accordance with Section 1705.1.1, Item 3.

[A] 110.3.7 Fire- And Smoke-Resistant Penetrations

Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

[A] 110.3.8 Energy Efficiency Inspections

Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

[A] 110.3.9 Other Inspections

In addition to the inspections specified in Sections 110.3.1 through 110.3.8, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.

[A] 110.3.10 Special Inspections

For special inspections, see Chapter 17.

[A] 110.3.11 Final Inspection

The final inspection shall be made after all work required by the building permit is completed.

[A] 110.3.11.1 Flood Hazard Documentation

If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 shall be submitted to the building official prior to the final inspection.

110.3.11.2 [HCD 1] Operation and Maintenance Manual

At the time of final inspection, a manual, compact disc, web-based reference or other media acceptable to the enforcing agency shall be placed in the building in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.4.

110.3.12 Type IV-A, IV-B and IV-C Connection Protection Inspection

In buildings of Type IV-A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of Section 2304.10.1.2, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed.

[A] 110.4 Inspection Agencies

The building official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability.

[A] 110.5 Inspection Requests

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

[A] 110.6 Approval Required

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

Section 111 Certificate of Occupancy

[A] 111.1 Change of Occupancy

A building or structure shall not be used or occupied, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

[A] 111.2 Certificate Issued

After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following:

The building permit number.
The address of the structure.
The name and address of the owner or the owner's authorized agent.
A description of that portion of the structure for which the certificate is issued.
A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
The name of the building official.
The edition of the code under which the permit was issued.
The use and occupancy, in accordance with the provisions of Chapter 3.
The type of construction as defined in Chapter 6.
The design occupant load.
If an automatic sprinkler system is provided, whether the sprinkler system is required.
Any special stipulations and conditions of the building permit.

[A] 111.3 Temporary Occupancy

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

[A] 111.4 Revocation

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

Section 112 Service Utilities

[A] 112.1 Connection of Service Utilities

A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.

[A] 112.2 Temporary Connection

The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power.

[A] 112.3 Authority to Disconnect Service Utilities

The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

Section 113 Board of Appeals

[A] 113.1 General

In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

[A] 113.2 Limitations on Authority

An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

[A] 113.3 Qualifications

The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

Section 114 Violations

[A] 114.1 Unlawful Acts

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

[A] 114.2 Notice of Violation

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

[A] 114.3 Prosecution of Violation

If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

[A] 114.4 Violation Penalties

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

Section 115 Stop Work Order

[A] 115.1 Authority

Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.

[A] 115.2 Issuance

The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

[A] 115.3 Unlawful Continuance

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

Section 116 Unsafe Structures and Equipment

[A] 116.1 Conditions

Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

[A] 116.2 Record

The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

[A] 116.3 Notice

If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.

[A] 116.4 Method of Service

Such notice shall be deemed properly served if a copy thereof is: delivered to the owner personally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner's agent or on the person responsible for the structure shall constitute service of notice on the owner.

[A] 116.5 Restoration

Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the California Existing Building Code.