Health and Safety Code — Part 50 | HSC — United States — California law | Esheria

Health and Safety Code

Part 50 of 87 · provisions 9,801–10,000

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 18907.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Approval” means approval by the California Building Standards Commission for the process of promulgating a building standard.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18907. “Approval” means, with respect to the procedure for promulgation of a building standard, the action of approval by the California Building Standards Commission. Until there is approval of the standard by the commission, it shall be a proposed building standard or regulation. (Amended by Stats. 1992, Ch. 897, Sec. 4. Effective January 1, 1993.)
  2. 18908.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “building” and “structure,” including what is included and excluded.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18908. (a) “Building” means any structure used for support or shelter of any use or occupancy. “Structure” means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner, except any mobilehome as defined in Section 18008, manufactured home, as defined in Section 18007, special purpose commercial coach, as defined in Section 18012.5, and recreational vehicle, as defined in Section 18010. (b) “Building” includes a structure wherein things may be grown, made, produced, kept, handled, stored, or disposed of. (c) All appendages, accessories, apparatus, appliances, and equipment installed as a part of building or structure shall be deemed to be a part thereof. (d) “Building” does not include machinery, equipment, or appliances installed for manufacture or process purposes only, any construction installations which are not a part of a building, or any tunnel, mine shaft, highway, or bridge. (Amended by Stats. 1987, Ch. 1053, Sec. 3.)
  3. 18909.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “building standard” and lists several things that are included or excluded from that term.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18909. (a) “Building standard” means any rule, regulation, order, or other requirement, including any amendment or repeal of that requirement, that specifically regulates, requires, or forbids the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of a building, structure, factory-built housing, or other improvement to real property, including fixtures therein, and as determined by the commission. (b) Except as provided in subdivision (d), “building standard” includes architectural and design functions of a building or structure, including, but not limited to, number and location of doors, windows, and other openings, stress or loading characteristics of materials, and methods of fabrication, clearances, and other functions. (c) “Building standard” includes a regulation or rule relating to the implementation or enforcement of a building standard not otherwise governed by statute, but does not include the adoption of procedural ordinances by a city or other public agency relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations. (d) “Building standard” does not include any safety regulations that any state agency is authorized to adopt relating to the operation of machinery and equipment used in manufacturing, processing, or fabricating, including, but not limited to, warehousing and food processing operations, but not including safety regulations relating to permanent appendages, accessories, apparatus, appliances, and equipment attached to the building as a part thereof, as determined by the commission. (e) “Building standard” does not include temporary scaffoldings and similar temporary safety devices and procedures that are used in the erection, demolition, moving, or alteration of buildings. (f) “Building standard” does not include any regulation relating to the internal management of a state agency. (g) “Building standard” does not include any regulation, rule, order, or standard that pertains to mobilehomes, manufactured homes, commercial coaches, special purpose commercial coaches, or recreational vehicles. (h) “Building standard” does not include any regulation, rule, or order or standard that pertains to a mobilehome park, as defined by Section 18214, or special occupancy park, as defined by Section 18862.43, except that “building standard” includes the construction of permanent buildings and plumbing, electrical, and fuel gas equipment and installations within permanent buildings in a mobilehome park or special occupancy park. For purposes of this subdivision, “permanent building” means any permanent structure constructed in the mobilehome park or special occupancy park that is a permanent facility under the control and ownership of the park operator. (i) “Building standard” does not include any regulation, rule, order, or standard that pertains to mausoleums regulated under Part 5 (commencing with Section 9501) of Division 8. (j) “Building standard” does not include any regulation adopted by the Department of Resources Recycling and Recovery, the Department of Toxic Substances Control, the Occupational Safety and Health Standards Board, or the State Water Resources Control Board concerning the discharge of waste to land or the treatment, transfer, storage, resource recovery, disposal, or recycling of the waste. (Amended by Stats. 2017, Ch. 418, Sec. 1. (AB 1714) Effective January 1, 2018.)
  4. 1891.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. )

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    This section creates the Office of Response and Resilience within the California Health and Human Services Agency and requires it to provide coordination and management support during emergencies.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. ) ## 1891. Commencing July 1, 2022, there is hereby established within the California Health and Human Services Agency the Office of Response and Resilience. The office shall provide policy, fiscal, and operational organization, coordination, and management when departments are preparing for, mitigating, responding to, or helping communities recover from an emergency. The office shall be administered by a director who shall be appointed by the secretary of the agency. (Added by Stats. 2022, Ch. 50, Sec. 4. (SB 187) Effective June 30, 2022.)
  5. 18910.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Code” means the California Building Standards Code, including its triennial editions and supplements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18910. “Code” means the California Building Standards Code, including the triennial editions and supplements. (Amended by Stats. 1992, Ch. 897, Sec. 6. Effective January 1, 1993.)
  6. 18911.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Codification” or “codify” means arranging building standards in the code’s publication format as determined by the commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18911. “Codification” or “codify” means to arrange building standards in the publication format of the code as determined by the commission. (Amended by Stats. 1992, Ch. 897, Sec. 7. Effective January 1, 1993.)
  7. 18912.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Commission” means the California Building Standards Commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18912. “Commission” means the California Building Standards Commission. (Amended by Stats. 1992, Ch. 897, Sec. 8. Effective January 1, 1993.)
  8. 18913.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “emergency standard” for this code section.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18913. “Emergency standard” means a building standard or an order of repeal of a building standard filed for publication in the code by the commission pursuant to Section 11346.1 of the Government Code. (Amended by Stats. 2002, Ch. 1124, Sec. 33. Effective September 30, 2002.)
  9. 18914.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “Executive director” as the Executive Director of the California Building Standards Commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18914. “Executive director” means the Executive Director of the California Building Standards Commission. (Amended by Stats. 1992, Ch. 897, Sec. 10. Effective January 1, 1993.)
  10. 18915.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “local agency” for the code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18915. “Local agency” means a city, county, and city and county, whether general law or chartered, district agency, authority, board, bureau, department, commission, or other governmental entity of less than statewide jurisdiction. Local agency includes any entity of regional jurisdiction. Local agency does not include an agency of the federal government. (Repealed and added by Stats. 1979, Ch. 1152.)
  11. 18916.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “model code” as any building code drafted by private organizations or otherwise, including the listed model codes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18916. “Model code” means any building code drafted by private organizations or otherwise, and shall include, but not be limited to, the latest edition of the following: (a) The International Building Code of the International Code Council. (b) The Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (c) The Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officials. (d) The National Electrical Code of the National Fire Protection Association. (e) The International Fire Code of the International Code Council. (f) The International Existing Building Code of the International Code Council. (g) The International Residential Code of the International Code Council. (h) The International Wildland-Urban Interface Code of the International Code Council. (Amended by Stats. 2025, Ch. 22, Sec. 37. (AB 130) Effective June 30, 2025.)
  12. 18917.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    "Occupancy" means the purpose a building, structure, or part of property is used or intended to be used for.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18917. “Occupancy” means the purpose for which a building, structure, or other improvement to property, or a part thereof, is used or intended to be used. (Added by Stats. 1979, Ch. 1152.)
  13. 18917.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Propose” means the state agency responsible for writing proposed building standards in the building-standard promulgation process.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18917.2. “Propose” refers, with respect to the procedure for promulgation of a building standard, to the state agency that has the legislative authority and responsibility to write proposed building standards. (Added by Stats. 1992, Ch. 897, Sec. 10.5. Effective January 1, 1993.)
  14. 18917.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “publication” or “publish” as printing and making available to the public certain building standards materials.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18917.3. “Publication” or “publish” means to print and make available to the public the California Building Standards Code or administrative regulations that apply directly to the implementation or enforcement of building standards. (Amended by Stats. 1988, Ch. 1194, Sec. 8.)
  15. 18917.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “Secretary” means the Secretary of Government Operations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18917.5. “Secretary” means the Secretary of Government Operations. (Amended by Stats. 2013, Ch. 352, Sec. 344. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  16. 18918.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    “State agency” is defined as a state agency under Government Code Section 11000.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18918. “State agency” means a state agency as defined in Section 11000 of the Government Code. (Amended by Stats. 1987, Ch. 1053, Sec. 10.)
  17. 18919.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. )

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    This section defines “regulation” to include rules, ordinances, and orders made by state or local agencies, including building standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 1. General Provisions and Definitions [18901 - 18919] ( Chapter 1 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. Definitions [18905 - 18919] ( Article 2 added by Stats. 1979, Ch. 1152. ) ## 18919. “Regulation” means any rule, regulation, ordinance, or order promulgated by a state or local agency, including rules, regulations, or orders relating to occupancy or the use of land. “Regulation” includes building standards. (Added by Stats. 1979, Ch. 1152.)
  18. 1892.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. )

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    The office must carry out emergency preparedness, response, and recovery duties, and submit a report to the Legislature by August 31, 2024.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. ) ## 1892. In addition to the general duties set forth in Section 1891, the office shall have the following responsibilities: (a) The office shall have the following emergency preparedness and mitigation duties. (1) Perform a threat and risk assessment for each department, by hazard. (2) Document each department’s capacity to respond to each hazard. (3) Develop interdepartmental emergency training, exercises, and continuity programs. (b) The office shall have the following emergency response duties: (1) Provide policy, fiscal, and operational organization, coordination, and management related to department emergency response. (2) Create and document a coordinated, interdepartmental response framework to lead departments through multiple, simultaneous, and complex hazards and emergency events. (3) Maintain and update, as needed, the agency All Hazards Dashboard. The All Hazards Dashboard shall do both of the following: (A) Identify the impacts of emergency and hazardous events on communities by establishing a single reference point for situational awareness and cross-departmental coordination. (B) Provide key data necessary to support agency response operations and automate related reporting processes. (c) The office shall have the following emergency recovery responsibilities: (1) Coordinate and manage interdepartmental fiscal and programmatic emergency recovery after any emergency. (2) Work, in coordination with the Office of Emergency Services, to obtain federal resources for departments that may be available as a result of an emergency. (d) The office shall provide a report to the Legislature, pursuant to Section 9795 of the Government Code, by August 31, 2024, on the effectiveness of the office and whether it enhances operations throughout the emergency management continuum. (Added by Stats. 2022, Ch. 50, Sec. 4. (SB 187) Effective June 30, 2022.)
  19. 18920.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. )

    Verify source ↗

    This section keeps the California Building Standards Commission in existence within the Government Operations Agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. ) ## 18920. There is continued in existence in the Government Operations Agency a California Building Standards Commission consisting of the Secretary of Government Operations and 10 members appointed by the Governor subject to confirmation by the Senate. (Amended by Stats. 2013, Ch. 352, Sec. 345. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  20. 18921.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. )

    Verify source ↗

    This section sets who must be appointed to the California Building Standards Commission and requires certain member qualifications and representation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. ) ## 18921. (a) The appointed members of the commission shall be selected from, and represent the public, design professions, the building and construction industry, local government building officials, fire and safety officials, and labor in accordance with the following: (b) Four members shall be appointed from among the professions and industries concerned with building construction as follows: (1) An architect. (2) A mechanical or electrical engineer or fire protection engineer. (3) A structural engineer. (4) A licensed contractor. (c) Three members shall be appointed from among the general public at least one of whom shall be a person with physical disabilities. (d) One member shall be appointed from organized labor in the building trades. (e) One member shall be appointed who is a local building official. (f) One member shall be appointed who is a local fire official. (g) At least one member of the commission shall be experienced and knowledgeable in barrier free architecture and aware of, and sensitive to, the requirements necessary to ensure public buildings are accessible to, and usable by, persons with physical disabilities. (h) At least one member of the commission shall be experienced and knowledgeable in building energy efficiency standards. (i) At least one member of the commission shall be experienced and knowledgeable in sustainable building, design, construction, and operation. (j) As used in this section, “persons with physical disabilities” means persons who have permanent mobility impairments which affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, and other conditions or diseases which reduce mobility or require the use of crutches, canes, or wheelchairs. (Amended by Stats. 2011, Ch. 399, Sec. 1. (AB 930) Effective January 1, 2012.)
  21. 18922.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. )

    Verify source ↗

    The Secretary of Government Operations, or a representative, serves as chair of the commission, and the commission must elect a vice chair every year from among its members.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. ) ## 18922. The Secretary of Government Operations or the secretary’s representative shall serve as the chair of the commission. The commission shall elect a vice chair annually from among its members. (Amended by Stats. 2013, Ch. 352, Sec. 346. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  22. 18923.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. )

    Verify source ↗

    Commission members serve four-year terms and may stay in office until successors are appointed and qualified, up to 180 days after the term ends.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. ) ## 18923. (a) The term of office of members of the commission shall be four years and they shall hold office until the appointment and qualification of their successors, not to exceed 180 days after the term is expired. (b) The terms of members of the commission shall be staggered based on the following cycle: (1) The terms of two members shall expire on January 1, 1981. (2) The terms of three members shall expire on January 1, 1982. (3) The terms of two members shall expire on January 1, 1983. (4) The terms of three members shall expire on January 1, 1984. (c) Prior members of the commission may be reappointed. (d) In the event of a vacancy prior to the expiration of a term, an appointment shall be made to fill the balance of the unexpired term. (Amended by Stats. 1997, Ch. 580, Sec. 7. Effective January 1, 1998.)
  23. 18924.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. )

    Verify source ↗

    Commission members must serve without compensation, and non-state-officer members are entitled to actual necessary travel expenses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 1. The California Building Standards Commission [18920 - 18924] ( Heading of Article 1 amended by Stats. 1992, Ch. 897, Sec. 11. ) ## 18924. The members of the commission shall serve without compensation. Members of the commission who are not state officers shall be paid their actual necessary travel expenses. (Added by Stats. 1979, Ch. 1152.)
  24. 18925.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. The Executive Director of the State Building Standards Commission [18925- 18925.] ( Heading of Article 2 amended by Stats. 1984, Ch. 677, Sec. 3. )

    Verify source ↗

    The commission must appoint an Executive Director. The executive director must make the commission’s processes public and may appoint needed officers and employees under civil service and other legal rules.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 2. The Executive Director of the State Building Standards Commission [18925- 18925.] ( Heading of Article 2 amended by Stats. 1984, Ch. 677, Sec. 3. ) ## 18925. The commission shall appoint an Executive Director of the California Building Standards Commission, who shall hold office at the pleasure of the commission. The executive director shall make public the processes of the commission. The executive director shall appoint, in accordance with civil service and other provisions of law, officers and employees necessary to carry out the intent and purposes of this part. (Amended by Stats. 1992, Ch. 897, Sec. 13. Effective January 1, 1993.)
  25. 18926.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    This section creates a coordinating council, sets its membership, and requires the council and executive director to assist with building standards development in specified situations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18926. (a) There is, in the office of the executive director, a coordinating council. The membership of the council shall consist of the executive director, who shall serve as chairperson, and representatives appointed by the State Director of Public Health, the Director of the Office of Statewide Health Planning and Development, the Director of Housing and Community Development, the State Fire Marshal, the Executive Director of the State Energy Resources Conservation and Development Commission, and the Director of General Services. (b) Subject to the pleasure of the commission: (1) The council or any member of the council shall, when called and directed in writing by the executive director, work with and assist an agency proposing building standards or adopting building standards, or both, in the development of proposals for building standards. (2) When a state agency contemplates the adoption of any building standard, it shall, prior to commencing any action to prepare a draft of the proposal, advise the executive director, in writing, of that intent and request the executive director to call the council, or any member of the council, as appropriate, for assistance. (3) Whenever the commission returns for amendment, or rejects any proposed building standard, and one of the reasons for that action is that approval of the proposal would create a conflict with existing building standards of other adopting agencies, the executive director shall call the council or any member of the council, as appropriate, to assist in the elimination of the conflict. (4) The council shall draft proposed building standards which the commission is authorized to adopt pursuant to Section 18933 for the consideration of the commission and approval, utilizing the criteria of Section 18930. (Amended by Stats. 2010, Ch. 610, Sec. 2.3. (AB 2762) Effective January 1, 2011.)
  26. 18927.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    The commission may appoint advisory panels for building standards, and panel appointees must be knowledgeable and qualified. They serve without compensation, but may be reimbursed for actual necessary travel expenses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18927. The commission may appoint from the design professions, the building and construction industry, the affected general public, and interested governmental agencies, appropriate advisory panels to advise the commission and its staff with respect to building standards. The persons appointed to the panels shall be specifically knowledgeable and qualified in the type of work embraced by the building standards in question. These persons shall serve without compensation, but may receive actual necessary travel expenses. (Amended by Stats. 1992, Ch. 897, Sec. 15. Effective January 1, 1993.)
  27. 18928.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    State agencies that adopt or propose model codes, national standards, or specifications must use the most recent edition and do so within one year of publication. If no publication date is shown, the commission determines the date and must notify adopting agencies within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18928. (a) Each state agency adopting or proposing adoption of a model code, national standard, or specification shall reference the most recent edition of applicable model codes, national standards, or specifications. (b) Each state agency adopting or proposing adoption of a model code, national standard, or specification shall adopt or propose adoption of the most recent editions of the model codes, as amended or proposed to be amended by the adopting agency, within one year after the date of publication of the model codes, national standards, or specifications. The “date of publication of a model code, national standard, or specification” is either of the following: (1) The date of publication printed in the model code, national standard, or specification. If only a month and year are shown by the model code, national standard, or specification adopting agency or body, the date of publication shall be considered to be the last day of the month shown. (2) The date determined by the commission, if no publication date is shown in the model code, national standard, or specification. The commission shall notify all adopting agencies of its determination within 15 days. (c) If the adopting agencies fail to comply with subdivision (b), the commission shall convene a committee to recommend to the commission the adoption, amendment, or repeal, on the agencies’ behalf, of the most recent editions of the model codes, national standards, or specifications and necessary state standards. (Amended by Stats. 1997, Ch. 645, Sec. 13. Effective January 1, 1998.)
  28. 18928.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    The commission must use incorporation by reference for model codes, national specifications, or published standards, with only appropriate additions or deletions. Direct inclusion of model-code text is barred unless there is a prior written agreement, and the model code publisher’s governing body may not refuse an agreement because of the Building Standards Code’s substantive content.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18928.1. Building standards adopted or approved by the commission shall incorporate the text of the model codes, applicable national specifications, or published standards, in whole or in part, only by reference, with appropriate additions or deletions therefrom. The commission may elect to adopt or approve standards which incorporate, in whole or in part, the text of these publications, with changes therein, or deletions therefrom, directly incorporated into the text of the California Building Standards Code, but no textual material contained in any of the model codes, as enumerated in Section 18916, may be included in the California Building Standards Code by means other than incorporation by reference, unless the commission and the governing body of the organization that publishes the model codes first reach a written agreement concerning the terms and conditions of the publication, including, but not limited to, whether the publication will be by the commission or the model code organization, or both. The model code governing body may not withhold any publication agreement on the basis of the substantive provisions contained in the California Building Standards Code. (Added by Stats. 1992, Ch. 897, Sec. 16. Effective January 1, 1993.)
  29. 18929.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    State agencies must send certain building-standards regulations to the California Building Standards Commission for approval, follow specified procedures, and publish the regulations in the administrative part of the California Building Standards Code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18929. (a) Except as otherwise provided in subdivision (b), administrative regulations adopted by state agencies that apply directly to the implementation or enforcement of building standards shall be forwarded to the California Building Standards Commission for approval. Each regulation shall be adopted in compliance with the procedures specified in Section 18930 and in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. These administrative regulations shall be published in the administrative part of the California Building Standards Code. (b) This section shall not apply to any regulations adopted by the Department of Housing and Community Development that apply directly to the implementation or enforcement of building standards. (Amended by Stats. 1992, Ch. 897, Sec. 16.5. Effective January 1, 1993.)
  30. 18929.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    The commission must follow an 18-month process for building standards, including public notice, technical review, and review time for advisory bodies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 2. Organization [18920 - 18929.1] ( Chapter 2 added by Stats. 1979, Ch. 1152. ) ## ARTICLE 3. The Coordinating Council and Advisory Panels [18926 - 18929.1] ( Article 3 added by Stats. 1979, Ch. 1152. ) ## 18929.1. (a) Except as provided in subdivision (c), the commission shall receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle. The commission shall develop regulations setting forth the procedures for the 18-month adoption cycle. The regulations shall ensure all of the following: (1) Adequate public participation in the development of building standards prior to submittal to the commission for adoption and approval. (2) Adequate notice, in written form, to the public of the compiled building standards and their justification. (3) Adequate technical review of proposed building standards and accompanying justification by advisory bodies appointed by the commission. (4) Adequate time for review of recommendations by advisory bodies prior to action by the commission. (5) The procedures shall meet the intent of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 18930. (b) Where this section is in conflict with other provisions of this part, the intent of this section shall prevail. (c) Commencing October 1, 2025, to June 1, 2031, inclusive, subdivision (a) shall not apply to any building standards affecting residential units and proposed building standards affecting residential units shall not be considered, approved, or adopted by the commission, unless any of the following conditions are met: (1) The commission deems those changes necessary as emergency standards to protect health and safety. (2) The building standards are amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations). (3) The building standards are proposed for adoption in relation to standards researched pursuant to Section 13108.5.2. (4) The building standards are proposed for adoption pursuant to Section 17921.9, 17921.11, or 18940.7 of this code, or Section 13558 of the Water Code. (5) The building standards are necessary to ensure the latest editions of the model codes specified in Section 18916 are incorporated into the triennial edition of the California Building Standards Code, along with any necessary and related state amendments supporting or facilitating the incorporation of the model codes. (6) The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or emergency updates to the model codes. (7) The building standards under consideration would take effect on or after January 1, 2032. (Amended by Stats. 2025, Ch. 22, Sec. 38. (AB 130) Effective June 30, 2025.)
  31. 1893.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. )

    Verify source ↗

    The agency and the office may make or amend certain contracts to implement this division, including on a bid or negotiated basis.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. ) ## 1893. For purposes of implementing this division, the agency and the office may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. On or before June 30, 2024, contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services. (Added by Stats. 2022, Ch. 50, Sec. 4. (SB 187) Effective June 30, 2022.)
  32. 18930.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

    Verify source ↗

    State agencies must submit proposed or adopted building standards to the California Building Standards Commission before codification, and the Commission must review them under stated criteria. A temporary rule limits approval or adoption of residential-unit building standards from October 1, 2025 to June 1, 2031 unless listed exceptions apply.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18930. (a) Except as provided in subdivision (g), any building standard adopted or proposed by state agencies shall be submitted to, and approved or adopted by, the California Building Standards Commission prior to codification. Prior to submission to the commission, building standards shall be adopted in compliance with the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. Building standards adopted by state agencies and submitted to the commission for approval shall be accompanied by an analysis written by the adopting agency or state agency that proposes the building standards which shall, to the satisfaction of the commission, justify the approval thereof in terms of the following criteria: (1) The proposed building standards do not conflict with, overlap, or duplicate other building standards. (2) The proposed building standard is within the parameters established by enabling legislation and is not expressly within the exclusive jurisdiction of another agency. (3) The public interest requires the adoption of the building standards. The public interest includes, but is not limited to, health and safety, resource efficiency, fire safety, seismic safety, building and building system performance, and consistency with environmental, public health, and accessibility statutes and regulations. (4) The proposed building standard is not unreasonable, arbitrary, unfair, or capricious, in whole or in part. (5) The cost to the public is reasonable, based on the overall benefit to be derived from the building standards. (6) The proposed building standard is not unnecessarily ambiguous or vague, in whole or in part. (7) The applicable national specifications, published standards, and model codes have been incorporated therein as provided in this part, where appropriate. (A) If a national specification, published standard, or model code does not adequately address the goals of the state agency, a statement defining the inadequacy shall accompany the proposed building standard when submitted to the commission. (B) If there is no national specification, published standard, or model code that is relevant to the proposed building standard, the state agency shall prepare a statement informing the commission and submit that statement with the proposed building standard. (8) The format of the proposed building standards is consistent with that adopted by the commission. (9) The proposed building standard, if it promotes fire and panic safety, as determined by the State Fire Marshal, has the written approval of the State Fire Marshal. (b) In reviewing building standards submitted for its approval, the commission shall consider only the record of the proceedings of the adopting agency, except as provided in subdivision (b) of Section 11359 of the Government Code. (c) Where the commission is the adopting agency, it shall consider the record submitted to, and considered by, the state agency that proposes the building standards and the record of public comment that results from the commission’s adoption of proposed regulations. (d) (1) The commission shall give great weight to the determinations and analysis of the adopting agency or state agency that proposes the building standards on each of the criteria for approval set forth in subdivision (a). Any factual determinations of the adopting agency or state agency that proposes the building standards shall be considered conclusive by the commission unless the commission specifically finds, and sets forth its reasoning in writing, that the factual determination is arbitrary and capricious or substantially unsupported by the evidence considered by the adopting agency or state agency that proposes the building standards. (2) Whenever the commission makes a finding, as described in this subdivision, it shall return the standard to the adopting agency or state agency that proposes the building standards for a reexamination of its original determination of the disputed fact. (e) Whenever a building standard is principally intended to protect the public health and safety, its adoption shall not be a “factual determination” for purposes of subdivision (d). Whenever a building standard is principally intended to conserve energy or other natural resources, the commission shall consider or review the cost to the public or benefit to be derived as a “factual determination” pursuant to subdivision (d). Whenever a building standard promotes fire and panic safety, each agency shall, unless adopted by the State Fire Marshal, submit the building standard to the State Fire Marshal for prior approval. (f) Whenever the commission finds, pursuant to paragraph (2) of subdivision (a), that a building standard is adopted by an adopting agency pursuant to statutes requiring adoption of the building standard, the commission shall not consider or review whether the adoption is in the public interest pursuant to paragraph (3) of subdivision (a). (g) Commencing October 1, 2025, to June 1, 2031, inclusive, proposed building standards affecting residential units shall not be considered, approved, or adopted by the commission or any other adopting agency, unless any of the following conditions are met: (1) The commission deems those changes necessary as emergency standards to protect health and safety. (2) The building standards are amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations). (3) The building standards are proposed for adoption in relation to standards researched pursuant to Section 13108.5.2. (4) The building standards are proposed for adoption pursuant to Section 17921.9, 17921.11, or 18940.7 of this code, or Section 13558 of the Water Code. (5) The building standards are necessary to ensure the latest editions of the model codes specified in Section 18916 are incorporated into the triennial edition of the California Building Standards Code, along with any necessary and related state amendments supporting or facilitating the incorporation of the model codes. (6) The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or emergency updates to the model codes. (7) The building standards are necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations. (8) The building standards under consideration would take effect on or after January 1, 2032. (Amended by Stats. 2025, Ch. 22, Sec. 39. (AB 130) Effective June 30, 2025.)
  33. 18930.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission must adopt and publish green building standards when no state agency has the authority or expertise to do so, and related agencies must allow input and follow a regulation-based process for suggested changes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18930.5. (a) If no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, the commission shall adopt, approve, codify, update, and publish green building standards for those occupancies. (b) The commission and other state agencies that propose green building standards shall allow for input by other state agencies that have expertise in green building subject areas. The process by which these other state agencies shall submit suggested changes for consideration shall be adopted as administrative regulations in Part 1 of Title 24 of the California Code of Regulations. These administrative regulations shall include, but not be limited to, all of the following: (1) The timing for receipt of suggested changes. (2) Whether the suggested changes should be considered for adoption as mandatory or voluntary green building standards. (3) The concurrent submission of appropriate technical analysis that could be used by the agency to support the proposal under the requirements of subdivision (a) of Section 18930, including the rationale supporting the recommendation that the item be considered for adoption as mandatory or voluntary green building standards. (4) The concurrent submission of fiscal analysis necessary for submission to the Department of Finance and for use in complying with the cost of compliance provisions of Sections 11346.2 and 11346.5 of the Government Code. (5) The manner in which the suggestions will be made available to the public. (c) If a state agency that proposes green building standards offers advice to the commission via an advisory panel appointed pursuant to Section 18927, as part of its presentation it shall, to the extent feasible, indicate those voluntary green building measures that may be considered for possible adoption as mandatory within the next two subsequent adoption cycles. (Amended by Stats. 2013, Ch. 585, Sec. 2. (AB 341) Effective January 1, 2014.)
  34. 18931.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission must review, act on, and explain decisions about building standards, codify and publish them, resolve conflicts in the code, hear appeals, and adopt needed procedural regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18931. The commission shall perform the following: (a) In accordance with Section 18930 and within 120 days from the date of receipt of adopted standards, review the standards of adopting agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval. When building standards are returned for amendment or rejected, the commission shall inform the adopting agency or state agency that proposes the building standards of the specific reasons for the recommended changes or rejection, citing the criteria required under Section 18930. When standards are not acted upon by the commission within 120 days, the standards shall be approved, including codification and publication in the California Building Standards Code, without further review and without return or rejection by the commission. (b) Codify, including publish, all building standards of adopting agencies or state agencies that propose the building standards and statutes defining building standards into one California Building Standards Code. (c) Resolve conflict, duplication, and overlap in building standards in the code. (d) Ensure consistency in nomenclature and format in the code. (e) In accordance with Section 18945, hear appeals resulting from the administration of state building standards. (f) Adopt any procedural regulations which it deems necessary to administer this part. (Amended by Stats. 2010, Ch. 610, Sec. 2.4. (AB 2762) Effective January 1, 2011.)
  35. 18931.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    State agencies that adopt or propose building standards must pay the California Building Standards Commission each year a proportional share of review and publication costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18931.5. (a) Each state agency that adopts or proposes building standards shall pay annually to the California Building Standards Commission a proportionate share of the cost of the review and publication of building standards which are published or proposed to be published in the California Building Standards Code. (b) The commission shall determine the proportional cost to be paid for review of existing building standards and the amount to be paid for review of building standards, adopted or proposed by a state agency, that have been submitted for publication in the California Building Standards Code. (Amended by Stats. 1992, Ch. 897, Sec. 19. Effective January 1, 1993.)
  36. 18931.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    Cities, counties, and city and counties must collect a building permit fee at the stated rate, may keep up to 10% for certain local costs, and must send the rest to the commission; the commission may lower the fee rate if a smaller amount is enough.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18931.6. (a) Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than one dollar ($1). (b) The city, county, or city and county may retain not more than 10 percent of the fees collected under this section for related administrative costs and for code enforcement education, including, but not limited to, certifications in the voluntary construction inspector certification program, and shall transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund established under Section 18931.7. (c) The commission may reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established under this part. (Amended by Stats. 2023, Ch. 770, Sec. 13. (AB 1764) Effective January 1, 2024.)
  37. 18931.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    Funds received by the commission under this part must be deposited in the Building Standards Administration Special Revolving Fund in the State Treasury.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18931.7. (a) All funds received by the commission under this part shall be deposited in the Building Standards Administration Special Revolving Fund, which is hereby established in the State Treasury. (b) Moneys deposited in the fund shall be available, upon appropriation, to the commission, the department, and the Office of the State Fire Marshal for expenditure in carrying out this part, the provisions of Part 1.5 (commencing with Section 17910) that relate to building standards, as defined in Section 18909, and the requirements in Section 13159.5 of this code and subdivision (d) of Section 51189 of the Government Code, with emphasis placed on the development, adoption, publication, and updating of green building standards, the updating of verification guidelines for Tier 1 or Tier 2 green building standards and educational efforts, including, but not limited to, training for local building officials associated with green building standards. (Amended by Stats. 2019, Ch. 404, Sec. 3. (SB 190) Effective January 1, 2020.)
  38. 18931.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission has authority to do what is needed to carry out its chapter duties, including accepting certain federal funds and other donations or funding.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18931.8. The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, both of the following: (a) To accept any federal funds granted by an act of Congress or by an Executive order for any purpose of this chapter. (b) To accept any gift, donation, grant, bequest, or other funding for any purpose of this chapter. (Added by Stats. 2010, Ch. 610, Sec. 2.5. (AB 2762) Effective January 1, 2011.)
  39. 18932.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission must set the code’s format, and the code must identify the responsible agency and the occupancies affected by each building standard.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18932. (a) The code shall indicate the agency having responsibility vested by law for the administration of each building standard and the occupancy or occupancies affected by each building standard. (b) The code shall include an index and reference guide. (c) The commission shall establish the format for the code to conform it as nearly as it deems practicable with the model codes. (Amended by Stats. 1992, Ch. 897, Sec. 20. Effective January 1, 1993.)
  40. 18933.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission may give agencies time to amend building standards, must appoint a committee if they do not act, and may then rewrite, adopt, approve, or repeal the standards under the stated procedures.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18933. (a) The commission may give affected state agencies reasonable time, as specified by the commission, to adopt amendments to building standards submitted for approval. If the agencies do not do so within the reasonable time as specified, the commission shall convene a committee composed of a representative from each of the agencies affected and any other qualified persons who are selected by the commission. This committee shall prepare a recommendation for commission action upon the building standards. Upon the recommendation, or if the committee does not prepare a recommendation and deliver it to the commission within 30 days after being appointed, the commission may rewrite, edit, amend, or adopt, and approve the building standards consistent with the intent of this part and in accordance with the Administrative Procedure Act and the criteria for approval provided in Section 18930. It shall not, however, be required that hearings or other administrative procedure be duplicated on unchanged portions of building standards previously adopted and approved by the commission. (b) (1) Pursuant to Section 18943, the commission, after publication of building standards pursuant to Section 18941 in the triennial edition of the code, shall recommend to affected state agencies the repeal of building standards of those state agencies which were adopted, or are, in conflict with other published standards in the code. If the state agencies do not repeal the building standards within a reasonable time as specified by the commission, the commission shall convene a committee composed of a representative of each of the agencies affected and other qualified persons selected by the commission to prepare a recommendation for commission action on the building standards. (2) Upon the recommendation, or if the committee does not prepare a recommendation and deliver it to the commission within 30 days after being appointed, the commission may repeal the building standards, in accordance with the Administrative Procedure Act. This subdivision shall not supersede Section 18943, but, instead, provides the procedure for effecting that section. (Amended by Stats. 1992, Ch. 897, Sec. 21. Effective January 1, 1993.)
  41. 18934.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    State agencies proposing to adopt building standards must adopt regulations that ensure public participation, and the commission must approve those regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18934. State agencies proposing to adopt building standards shall adopt, and the commission shall approve, regulations establishing procedures to ensure public participation in the development of building standards and regulations. (Amended by Stats. 1992, Ch. 897, Sec. 22. Effective January 1, 1993.)
  42. 18934.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    If no state agency can adopt building standards for state buildings, the commission must adopt, approve, codify, and publish minimum building standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18934.5. Where no state agency has the authority to adopt building standards applicable to state buildings, the commission shall adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings, including buildings constructed by the Trustees of the California State University and, to the extent permitted by law, to buildings designed and constructed by the Regents of the University of California. Building standards for state buildings shall comply with the criteria in subdivision (a) of Section 18930. (Amended by Stats. 1992, Ch. 897, Sec. 23. Effective January 1, 1993.)
  43. 18934.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission must adopt and publish certain building standards in the California Building Standards Code, unless the buildings are covered by standards adopted under Part 1.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18934.7. The commission shall adopt, approve, codify, and publish by reference in the California Building Standards Code the building standards in Appendix Chapter 1 of the International Existing Building Code of the International Code Council to provide minimum standards for buildings specified in that appendix, except for buildings subject to building standards adopted pursuant to Part 1.5 (commencing with Section 17910). (Amended by Stats. 2010, Ch. 610, Sec. 2.6. (AB 2762) Effective January 1, 2011.)
  44. 18934.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission may adopt certain emergency model-code amendments, but it must use an expedited rulemaking process and complete it within 180 days. The section also says amendments may not reduce disabled access.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18934.8. (a) Pursuant to subdivision (b), the commission may adopt amendments to the California Building Standards Code provided that they are substantially the same as model code amendments which were adopted on an emergency basis by the code publishers, if the sections being amended are not under the authority of a state agency. (b) The commission may consider adoption of emergency amendments made to the model codes in an expedited rulemaking process outside the 18-month code adoption cycle set forth in Section 18929.1. If a model code organization adopts emergency amendments, the commission may adopt those amendments 120 days after the organization’s adoption of those amendments. This rulemaking process shall be completed within 180 days from the date the amendments were adopted by the model code organization. The commission shall ensure that the rulemaking process includes all of the following: (1) Adequate public participation in the development of building standards prior to submittal to the commission for adoption and approval. (2) Adequate written notice to the public of the compiled building standards and the written justification therefor. (3) Adequate technical review of proposed building standards and accompanying justification by advisory bodies appointed by the commission. (4) Adequate time for review of recommendations by advisory bodies prior to action by the commission. (c) Amendments to the California Building Standards Code adopted pursuant to this section shall take effect 60 days from the date on which they are adopted by the commission. (d) Nothing in this section shall be construed to permit amendments to the California Building Standards Code that decrease the level of disabled access provided. (Amended by Stats. 2010, Ch. 145, Sec. 2. (AB 1693) Effective January 1, 2011.)
  45. 18934.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. )

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    The commission must adopt press box standards in the next triennial building code cycle starting on or after January 1, 2013, and those standards must require accessible routes for press boxes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 3. Powers of the Commission [18930 - 18934.9] ( Chapter 3 added by Stats. 1979, Ch. 1152. ) ## 18934.9. (a) For purposes of this section, “press box” means a space reserved for reporters, press, or other media at a stadium. (b) (1) The commission, as part of the next triennial building code cycle that begins on or after January 1, 2013, shall adopt standards for press boxes that require that the press boxes are located on a route that is accessible to persons with disabilities. (2) Standards adopted by the commission pursuant to paragraph (1) shall not apply to both of the following: (A) A press box in bleachers that have points of entry at only one level, provided that the aggregate area of all press boxes is at a maximum of 500 square feet. (B) A free-standing press box that is elevated above 12 feet minimum grade, provided that the aggregate area of all press boxes is at a maximum of 500 square feet. (3) For purposes of this subdivision, where a facility contains multiple assembly areas, the aggregate area of press boxes in each assembly area shall be calculated separately. (Added by Stats. 2012, Ch. 370, Sec. 1. (AB 2030) Effective January 1, 2013.)
  46. 18935.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Before adopting building standards, agencies must give notice and hold hearings, submit the notice and reasons to the California Building Standards Commission, and the commission and Office of Administrative Law have specific review and publishing roles.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18935. (a) Notice of proposed building standards shall be given and hearings shall be held by the adopting agencies, as required by the Administrative Procedure Act, prior to the adoption of the building standards and submission to the commission for approval. The notice of proposed building standards and the initial statement of reasons for the proposed building standards shall comply with Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The adopting agency or state agency that proposes the building standards shall submit the notice and initial statement of reasons for proposed building standards to the California Building Standards Commission, which shall review them for compliance with Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. If the commission determines that the adopting agency or state agency that proposes the building standards has complied with Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the commission shall approve the notice and initial statement of reasons for proposed building standards, and submit the notice to the Office of Administrative Law for the sole purpose of inclusion in the California Regulatory Notice Register. The Office of Administrative Law shall publish only those notices of proposed building standards which have been approved by, and submitted to, the office by the California Building Standards Commission. (b) In order to ensure an absence of conflict between hearings and a maximum opportunity for interested parties to be heard, no hearings by adopting agencies shall be conducted unless the time and place thereof has been approved in writing by the commission prior to public notices of the hearing being given by the adopting agencies. (c) If, after building standards are submitted to the commission for approval, the commission requires changes therein as a condition for approval, and the changes are made, no additional hearing by the affected state agency shall be required in connection with making the changes when the commission determines the changes are nonsubstantial, solely grammatical in nature, or are sufficiently related to the text submitted to the commission for approval that the public was adequately placed on notice that the change could result from the originally proposed building standards. (Amended by Stats. 2016, Ch. 714, Sec. 20. (SB 944) Effective January 1, 2017.)
  47. 18936.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must mail meeting notices about proposed building standards to listed organizations and others who requested notice at least 15 days before the meeting.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18936. The commission shall mail notices of meetings with respect to its proposed action on any building standards to any design profession organizations, chambers of commerce, consumer groups, building and construction industry organizations, governmental agencies, and other parties and organizations that have submitted a written request therefor at least 15 days prior to any meeting thereon, provided that the failure to do so shall not invalidate any commission action. (Amended by Stats. 1992, Ch. 897, Sec. 26. Effective January 1, 1993.)
  48. 18937.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must act on emergency building standards within 30 days, but only if the required emergency findings and adoption steps have been made and the commission concurs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18937. (a) Emergency standards shall be acted on by the commission within 30 days and only when the adopting agency or state agency that proposes the building standards has made the finding of emergency required by Sections 11346.1 and 11346.5 of the Government Code and the adopting agencies have adopted the emergency standard in compliance with Section 11346.1 of the Government Code, and the commission concurs with that finding. Both the concurrence and the approval of the emergency building standards require an affirmative vote of two-thirds of the members of the commission attending a meeting, or not less than six affirmative votes, whichever is greater. (b) Emergency standards approved by the commission pursuant to subdivision (a) shall be filed by the commission pursuant to Section 11346.1 of the Government Code and shall be subject to that section. (Amended by Stats. 2002, Ch. 1124, Sec. 34. Effective September 30, 2002.)
  49. 18938.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    This section sets filing, approval, publication, and effective-date rules for California building standards, including special rules for emergency standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18938. (a) Building standards shall be filed with the Secretary of State and codified only after they have been approved by the commission and shall not be published in any other title of the California Code of Regulations. Emergency building standards shall be filed with the Secretary of State and shall take effect only after they have been approved by the commission as required by Section 18937. The filing of building standards adopted or approved pursuant to this part, or any certification with respect thereto, with the Secretary of State, or elsewhere as required by law, shall be done solely by the commission. (b) The building standards contained in the model codes described in Section 18916 and adopted by reference into the California Building Standards Code and any other building standards adopted into the California Building Standards Code shall apply to all occupancies throughout the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission or at a later date after publication established by the commission. (c) Except as otherwise provided in this subdivision, an adoption, amendment, or repeal of a building standard shall become effective 180 days after its publication in the triennial edition of the California Building Standards Code or one of its supplements, or at any later date as approved by the California Building Standards Commission, with the exceptions of standards adopted pursuant to Section 25402 of the Public Resources Code and those regulations that implement or enforce building standards. Regulations that implement or enforce building standards shall become effective 30 days after filing by the commission with the Secretary of State. This subdivision shall not apply to emergency building standards. An amendment or a repeal of a building standard in the California Building Standards Code that, as determined by the commission, would result in a less restrictive regulation, shall become effective 30 days after filing of the amendment or repeal by the commission with the Secretary of State. (d) Emergency standards defined in subdivision (a) of Section 18913 shall become effective when approved by the commission, and filed with the Secretary of State, or upon any later date specified therein, and remain in effect as provided by Section 11346.1 of the Government Code and Section 18937 of this code. Emergency standards shall be distributed as soon as practicable after publication to all interested and affected parties. Notice of repeal, pursuant to Section 11346.1 of the Government Code, of emergency standards defined in subdivision (a) of Section 18913 within the period specified by that section, shall also be given to the parties by the affected agencies promptly after the termination of the statutory period pursuant to Section 11346.1 of the Government Code. (e) This section shall not be applicable to the time limits set forth in Sections 17922 and 17958 for approval of uniform codes and for changes by local agencies in the California Building Standards Code. (Amended by Stats. 2017, Ch. 418, Sec. 4. (AB 1714) Effective January 1, 2018.)
  50. 18938.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must use the most recent editions of certain designated model codes as the basis for adopted building standards when those model codes are no longer published.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18938.3. With respect to the model codes that are designated in Sections 17922 and 18938 to serve as the basis for the California Building Standards Code but are no longer published, the building standards adopted and approved by the commission shall be those contained in the most recent editions of the model codes adopted or approved by the commission to serve as the basis for the 2007 triennial edition of the California Building Standards Code. Those model codes designated in Sections 17922 and 18938 that continue to be published and updated shall continue to serve as the basis for the California Building Standards Code. With respect to Section 17922, other model codes may be considered for use, proposal, approval, or adoption, or any combination thereof, provided they do not duplicate building standards, as proposed by the Department of Housing and Community Development and adopted by the commission, the subject matter of the model codes which serve as the basis for the 2007 triennial edition of the California Building Standards Code. (Added by Stats. 2008, Ch. 719, Sec. 5. Effective January 1, 2009.)
  51. 18938.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    This section says which building standards apply to a building permit application, including rules for local ordinances, model codes, and approved model home designs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18938.5. (a) Only those building standards approved by the commission, and that are effective at the local level at the time an application for a building permit is submitted, shall apply to the plans and specifications for, and to the construction performed under, that building permit. (b) (1) A local ordinance adding or modifying building standards for residential occupancies, which are published in the California Building Standards Code, shall apply only to an application for a building permit submitted after the effective date of the ordinance and to the plans and specifications for, and the construction performed under, that permit. (2) Paragraph (1) shall not apply to any of the following: (A) A city or county that has been subject to an emergency proclaimed pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (B) A permit that is subsequently deemed expired because the building or work authorized by the permit is not commenced within 12 months from the date of the permit or the permittee has abandoned the work authorized by the permit. (C) A permit that is subsequently deemed suspended or revoked because the building official has, in writing, suspended or revoked the permit due to its issuance in error or on the basis of incorrect information supplied. (c) No model code made applicable to any additional occupancy shall apply to any project that has been submitted for a building permit prior to the effective date of that model code. (d) Notwithstanding subdivisions (a) to (c), inclusive, the state and local building standards in effect at the time an application for a building permit is submitted, for a residential dwelling based on a model home design approved under those standards, shall apply to all future residential dwellings based on that approved model home design in the same jurisdiction, unless the model home design substantially changes at a later date or 10 years have passed since the building permit for the model home design was approved by the jurisdiction, whichever comes first. (Amended by Stats. 2025, Ch. 22, Sec. 40. (AB 130) Effective June 30, 2025.)
  52. 18938.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    A permit stays valid if work starts within 12 months of issuance, unless the work is abandoned. A permittee may ask for an extension, and the building official may grant written extensions of up to 180 days each.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18938.6. (a) Every permit shall remain valid for purposes of this part if the work on the site authorized by that permit is commenced within 12 months after its issuance, unless the permittee has abandoned the work authorized by the permit. (b) A permittee may request an extension of a permit. The building official may grant, in writing, one or more extensions of time for periods of not more than 180 days per extension. The permittee shall request an extension pursuant to this subdivision in writing and demonstrate justifiable cause for the extension. (Added by Stats. 2018, Ch. 655, Sec. 2. (AB 2913) Effective January 1, 2019.)
  53. 1894.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. )

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    This division only takes effect if the Legislature appropriates funds in the annual Budget Act for this division’s express purposes.

    ## Health and Safety Code - HSC ## DIVISION 2.8. Office of Response and Resilience [1890 - 1894] ( Division 2.8 added by Stats. 2022, Ch. 50, Sec. 4. ) ## 1894. Implementation of this division is contingent upon an appropriation of funds by the Legislature in the annual Budget Act for the express purposes of this division. (Added by Stats. 2022, Ch. 50, Sec. 4. (SB 187) Effective June 30, 2022.)
  54. 18940.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Building standards approved by the commission must be incorporated into the code and must not be placed in other individual titles of state agencies in the California Code of Regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18940. Codification of building standards approved by the commission shall be incorporated into the code and shall not be incorporated into other individual titles of state agencies in the California Code of Regulations. (Amended by Stats. 1992, Ch. 897, Sec. 31. Effective January 1, 1993.)
  55. 18940.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Agencies proposing green building standards for Part 11 must, when feasible, reference or reprint those standards in other relevant parts of Title 24 during the next triennial update after January 1, 2014.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18940.5. As part of the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014, agencies that propose green building standards for inclusion in Part 11 of Title 24 of the California Code of Regulations shall, to the extent that it is feasible, reference or reprint the green building standards in other relevant portions of Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the California Code of Regulations. For purposes of compliance with this section, the republication of the provisions of Part 11 of Title 24 of the California Code of Regulations in other parts of Title 24 of the California Code of Regulations shall not be considered duplication in violation of paragraph (1) of subdivision (a) of Section 18930. (Added by Stats. 2013, Ch. 585, Sec. 4. (AB 341) Effective January 1, 2014.)
  56. 18940.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The California Building Standards Commission must develop and adopt mandatory green building standards for recycled water systems in newly constructed commercial and public buildings, with consultation and scope limits for where the mandate applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18940.6. (a) For purposes of this section, “recycled water” has the same meaning as that term is defined in subdivision (n) of Section 13050 of the Water Code, and is consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (b) (1) The California Building Standards Commission shall conduct research to assist in the development of mandatory green building standards for the installation of recycled water systems for newly constructed commercial and public buildings, in consultation with the State Water Resources Control Board and other interested parties, including, but not limited to, public water systems, recycled water producers, product manufacturers, local building officials, apartment and other rental property owners, California-licensed contractors, and the building industry. (2) In researching, developing, and proposing mandatory building standards under this section, the commission is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation pursuant to Section 18931.7. (3) Research conducted in order to propose building standards pursuant to this section shall include, but is not limited to, the following: (A) Potential outdoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (B) Potential indoor applications for recycled water, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. With respect to indoor applications, the commission shall consider whether to adopt or recommend measures in addition to the current standards adopted in the California Plumbing Code in Title 24 of the California Code of Regulations, to ensure the safe installation of indoor recycled water piping or systems, including, but not limited to, requiring purple pipe or special markings on recycled water piping or systems that states clearly whether it is approved for indoor use, or recommending restrictions on who may purchase or install recycled water piping for indoor use. (C) The cost of various recycled water systems. (D) The estimated quantity of water savings under varying levels of application of recycled water in commercial and public buildings and building site landscaped areas. (4) The commission may research standards for different types of water recycling systems, including noncentralized systems, but shall only mandate systems to the extent that they meet all of the health and safety standards specified in this section. (c) (1) The commission shall adopt mandatory building standards for the installation of recycled water systems for newly constructed commercial and public buildings. The commission shall consider the proposed mandatory building standards during the 2016 Intervening Code Adoption Cycle and may amend these mandatory standards as necessary in future code adoption cycles, consistent with the recycled water use criteria specified in Chapter 3 (commencing with Section 60301.100) of Division 4 of Title 22 of the California Code of Regulations. (2) When developing the application provisions for the mandatory building standards, the commission shall limit the mandate to install recycled water systems within commercial and public buildings and building site landscaped areas to only those areas within a local jurisdiction that have feasible and cost-efficient access to a water recycling facility, or that have been identified by the local jurisdiction within a planned service area for the provision of recycled water for which a specific implementation timeline has been identified by the public water system in its most recent urban water management plan. (3) The mandate to install recycled water piping shall not apply to service areas in which the only recycled water use is for potable purposes, or in which net nonpotable deliveries are anticipated to remain level or decrease as a result of the potable reuse project. (4) The commission shall develop the application provisions for the mandatory building standards required under paragraph (1) in consultation with the State Water Resources Control Board, public water systems, recycled water producers, and water research associations. (5) A city, county, or city and county, in consultation with the public water system and recycled water producer, may further reduce the area for which the mandate to install recycled water piping applies, if the local public water system or recycled water producer finds that providing recycled water to an area is not feasible or cost effective. (Added by Stats. 2014, Ch. 606, Sec. 2. (AB 2282) Effective January 1, 2015.)
  57. 18940.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must develop and propose water-saving building standards for new nonresidential buildings, review those standards every three years, and may limit or exempt them in some cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18940.7. (a) For purposes of this section, “water reuse system” includes both of the following: (1) A system approved for installation under the California Building Standards Code that uses recycled water, graywater, rainwater, or other nonpotable water sources for nonpotable indoor or outdoor building use, including landscaping, toilet and urinal flushing, floor trap priming, or cooling towers. (2) A system approved for installation under the California Building Standards Code that captures graywater, rainwater, building foundation water drainage, or other onsite alternative water sources for nonpotable reuse onsite or as part of a multibuilding, district, or campuswide treatment system. (b) The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations), research, develop, and propose building standards, including voluntary Tier 1 or Tier 2 standards of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), to reduce potable water use in new nonresidential buildings, including consideration of requiring installation of water reuse systems and consideration of requiring preplumbing of buildings to allow future use of recycled water, onsite treated graywater, or other alternative water sources. In developing these standards, the commission may limit or exempt the application of standards based on occupancy, building type, building size, development size, availability or planned availability of recycled water, or as otherwise determined appropriate. (c) The commission shall perform a review of water efficiency and water reuse standards in the California Buildings Standards Code every three years thereafter and update as needed. (d) In developing and proposing building standards under this section, the commission is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation pursuant to Section 18931.7. (Added by Stats. 2023, Ch. 884, Sec. 4. (SB 745) Effective January 1, 2024.)
  58. 18941.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    All building standards must be administered and enforced, and, when practicable, written on a performance basis consistent with recognized building-construction standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941. All building standards shall be administered and enforced and, whenever practicable, written on a performance basis consistent with state and nationally recognized standards for building construction in view of the use and occupancy of each structure to preserve and protect the public health and safety. (Amended by Stats. 1992, Ch. 897, Sec. 32. Effective January 1, 1993.)
  59. 18941.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must adopt and publish mandatory building standards for future electric vehicle charging infrastructure, and the Department of Housing and Community Development must propose those standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.10. (a) (1) The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014, adopt, approve, codify, and publish mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development. (2) For purposes of paragraph (1), the Department of Housing and Community Development shall propose mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and submit the proposed mandatory building standards to the commission for consideration. (b) (1) In proposing and adopting mandatory building standards under this section, the Department of Housing and Community Development and the commission shall use Sections A4.106.6, A4.106.6.1, A4.106.6.2, A5.106.5.1, and A5.106.5.3 of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) as the starting point for the mandatory building standards and amend those standards as necessary. (2) In proposing and adopting mandatory building standards under this section, the Department of Housing and Community Development and the commission shall actively consult with interested parties, including, but not limited to, the State Energy Resources Conservation and Development Commission, investor-owned utilities, municipal utilities, manufacturers, local building officials, commercial building and apartment owners, and the building industry. (Amended by Stats. 2022, Ch. 346, Sec. 1. (AB 2075) Effective January 1, 2023.)
  60. 18941.11.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission and the Department of Housing and Community Development must research, develop, and work on proposed mandatory building standards for electric vehicle charging stations, and the department must submit proposals to the commission. The section also requires consultation, public participation, periodic review, and possible updates, and it expires on January 1, 2033.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.11. (a) (1) Commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations), the commission and the Department of Housing and Community Development shall research and develop, and may propose for adoption by the commission, mandatory building standards for the installation of electric vehicle charging stations in existing multifamily dwellings, hotels, motels, and nonresidential developments during specified retrofits, additions, and alterations to existing parking facilities for which a permit application is submitted on and after the effective date of those building standards. (2) For purposes of paragraph (1), notwithstanding subdivision (d) of Section 17922, Section 17912, or 17958.8, the Department of Housing and Development shall research, develop, and propose for adoption mandatory building standards for the installation of electric vehicle charging stations with low power level 2 or higher electric vehicle chargers in existing parking facilities serving multifamily dwellings, hotels, and motels. The department shall submit the proposed mandatory building standards to the commission for consideration. (3) For purposes of paragraph (1), the commission shall research, develop, and propose for adoption mandatory building standards for the installation of electric vehicle charging stations with low power level 2 or higher electrical vehicle chargers, including direct current fast chargers, in parking facilities serving existing nonresidential buildings. (b) In researching, developing, and proposing for adoption mandatory building standards under this section, the commission and the Department of Housing and Community Development shall do all the following: (1) Consult with interested parties, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, investor-owned utilities, municipal utilities, vehicle and electric vehicle supply equipment manufacturers, local building officials, commercial building and apartment owners, and the building industry. (2) Invite the participation of the public at large in the development of those building standards. (3) Propose standards that only apply to certain additions and alterations of existing parking facilities when a building permit is required and other significant construction or repair, as determined by the agencies, is taking place. (c) The commission and the Department of Housing and Community Development shall review the building standards proposed and adopted pursuant to this section every triennial code cycle pursuant to Section 18942, and, if needed, update those building standards to ensure that the building standards support statewide needs for electric vehicle charging stations that align with the state’s zero-emission vehicle targets until both of the following goals are met: (1) There is adequate availability of charging given near-term electric vehicle charging needs. (2) There is sufficient charging capacity to support the long-term goal of achieving 100 percent electric vehicles statewide. (d) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2022, Ch. 687, Sec. 2. (AB 1738) Effective January 1, 2023. Repealed as of January 1, 2033, by its own provisions.)
  61. 18941.12.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    An individual may use, and a local agency must allow, a template floor plan for a proposed residential development if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.12. (a) Notwithstanding any subsequent updates to building standards approved by the commission pursuant to this chapter, an individual submitting a proposed development plan for a residential development may utilize, and a local agency shall allow the utilization of, a template floor plan if all of the following conditions are met: (1) For use of a template floor plan on or after January 1, 2023, and before July 1, 2024, all of the following conditions: (A) The template floor plan was approved, between January 1, 2020, and December 31, 2022, by the local agency that oversees development approvals where the proposed residential development is located and the plan complied with all building standards in effect at the time. (B) The proposed new development is located on the same parcel that contained a residential building that was damaged or destroyed, prior to January 1, 2020, as a result of a disaster in an area for which a state of emergency was proclaimed by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (C) The owner of the destroyed or damaged residential building did not have code upgrade insurance at the time the building was damaged or destroyed. (D) The proposed new residential development will be used for owner-occupancy and is not intended to be used as a rental or vacation property. (E) The template floor plan is being used no more than six years after the date it was approved. (2) For use of a template floor plan on or after July 1, 2024, both of the following conditions: (A) All of the conditions in paragraph (1). (B) The local agency has approved, following every issuance of new state building standards, a resolution that includes findings that the continued use of the template floor plan without regard to subsequent changes to building standards does not pose a significant risk to the health and safety of the building occupants or the community. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 184, Sec. 1. (AB 2139) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions.)
  62. 18941.15.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The Department of Housing and Community Development must develop and submit for approval code clarifications about live/work unit construction requirements at the next triennial building standards rulemaking cycle starting on or after January 1, 2019.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.15. At the next triennial building standards rulemaking cycle that commences on or after January 1, 2019, the Department of Housing and Community Development shall develop and submit for approval clarifications in the California Building Code and the California Residential Code pertaining to the requirements for the construction of live/work units. (Added by Stats. 2018, Ch. 573, Sec. 1. (AB 565) Effective January 1, 2019.)
  63. 18941.17.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must hold a workshop or similar collaborative process on electric vehicle charging infrastructure standards during each qualifying triennial rulemaking cycle, and the State Energy Resources Conservation and Development Commission must incorporate specified assessment, forecast, and goal information when participating.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.17. (a) As part of each triennial California Building Standards Code rulemaking cycle that commences on or after January 1, 2023, the commission shall convene a workshop or other collaborative process on electric vehicle charging infrastructure standards. (b) The workshop or other collaborative process shall include the commission, the Department of Housing and Community Development, the Division of the State Architect, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, and other relevant stakeholders. (c) The workshop or other collaborative process shall consider, among other things, projected demand for electric vehicle charging infrastructure based on the state’s goals. (d) As part of the State Energy Resources Conservation and Development Commission’s participation in the workshop or other collaborative process, the State Energy Resources Conservation and Development Commission shall incorporate the most recent update to the statewide assessment of electric vehicle charging infrastructure prepared pursuant to Section 25229 of the Public Resources Code, any relevant electric load forecasts, and the statewide transportation electrification goals. (e) If the State Energy Resources Conservation and Development Commission recommends any electric vehicle charging infrastructure standard as part of the workshop or other collaborative process, the recommended standard shall be cost effective when taken in its entirety and when amortized over the economic life of the infrastructure compared with historic practice. When determining cost effectiveness, the State Energy Resources Conservation and Development Commission shall consider other relevant factors, as required by Sections 18930 and 18935, including, but not limited to, the impact on housing costs, the total statewide costs and benefits of the standard over its lifetime, the economic impact on California businesses, and any alternative approaches and their associated costs. (Amended by Stats. 2023, Ch. 131, Sec. 109. (AB 1754) Effective January 1, 2024.)
  64. 18941.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    This section sets when certain local building code changes become effective and limits when a city or county may adopt more restrictive residential building standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.5. (a) (1) Amendments, additions, and deletions to the California Building Standards Code, including, but not limited to, green building standards, adopted by a city, county, or city and county pursuant to Section 18941.5 or pursuant to Section 17958.7, together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the commission, or at a later date after publication established by the commission. (2) The publication date established by the commission shall be no earlier than the date the California Building Standards Code is available for purchase by the public. (b) Neither the State Building Standards Law contained in this part, nor the application of building standards contained in this section, shall limit the authority of a city, county, or city and county to establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions. The governing body shall make the finding required by Section 17958.7 and the other requirements imposed by Section 17958.7 shall apply to that finding. Nothing in this section shall limit the authority of fire protection districts pursuant to subdivision (a) of Section 13869.7. Further, nothing in this section shall require findings required by Section 17958.7 beyond those currently required for more restrictive building standards related to housing. (c) Notwithstanding subdivision (b), and commencing October 1, 2025, to June 1, 2031, inclusive, a city or county shall not establish more restrictive building standards, including, but not limited to, green building standards, that are applicable to residential units, unless one of the following conditions is met: (1) The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of September 30, 2025. (2) The commission deems those changes or modifications necessary as emergency standards to protect health and safety. (3) The changes or modifications relate to home hardening. (4) The building standards relate to home hardening and are proposed for adoption by a fire protection district pursuant to Section 13869.7. (5) The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy. (Amended by Stats. 2025, Ch. 22, Sec. 41. (AB 130) Effective June 30, 2025.)
  65. 18941.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Certain local ordinances and programs must include specified building standards, with limited local-condition exceptions, and be updated when the model code changes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.6. (a) Notwithstanding any other provision of this part, ordinances and programs adopted on or before January 1, 1993, that contain standards to strengthen potentially hazardous buildings pursuant to subdivision (b) of Section 8875.2 of the Government Code, shall incorporate the building standards in Appendix Chapter 1 of the Uniform Code for Building Conservation of the International Conference of Building Officials published in the California Building Standards Code, except for standards found by local ordinance to be inapplicable based on local conditions, as defined in subdivision (b), or based on an approved study pursuant to subdivision (c), or both. Ordinances and programs shall be updated in a timely manner to reflect changes in the model code, and more frequently if deemed necessary by local jurisdictions. (b) For the purpose of subdivision (a), and notwithstanding the meaning of “local conditions” as used elsewhere in this part and Part 2.5 (commencing with Section 18901), the term “local conditions” shall be limited to those conditions that affect the implementation of seismic strengthening standards on the following only: (1) The preservation of qualified historic structures as governed by the State Historical Building Code (Part 2.7 (commencing with Section 18950)). (2) Historic preservation programs, including, but not limited to, the California Mainstreet Program. (3) The preservation of affordable housing. (c) Any ordinance or program adopted on or before January 1, 1993, may include exceptions for local conditions not defined in subdivision (b) if the jurisdiction has approved a study on or before January 1, 1993, describing the effects of the exceptions. The study shall include a seismic hazards assessment, seismic retrofit cost comparisons, and earthquake damage estimates for a major earthquake, including the differences in costs, deaths, and injuries between full compliance with Appendix Chapter 1 of the Uniform Code for Building Conservation and the ordinance or program. No study shall be required pursuant to this subdivision if the exceptions for local conditions not defined in subdivision (b) result in standards or requirements that are more stringent than those in Appendix Chapter 1 of the Uniform Code for Building Conservation. (d) Ordinances and programs adopted pursuant to this section shall be conclusively presumed to comply with the requirements of Chapter 173 of the Statutes of 1991. (Amended by Stats. 1994, Ch. 1219, Sec. 2. Effective January 1, 1995.)
  66. 18941.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    A city, county, or other local agency may adopt more restrictive graywater building standards, if it first holds a public hearing and passes an ordinance or resolution, and subject to Water Code Section 14877.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.7. Subject to Section 14877.3 of the Water Code, a city, county, or other local agency may adopt, after a public hearing and enactment of an ordinance or resolution, building standards that are more restrictive than the graywater building standards adopted by the Department of Housing and Community Development under Section 17922.12 and published in the California Building Standards Code. (Amended by Stats. 2011, Ch. 577, Sec. 1. (AB 849) Effective January 1, 2012.)
  67. 18941.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must adopt graywater building standards for nonresidential occupancies and may later revise them.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.8. (a) As used in this section, “graywater” has the same meaning as defined in Section 17922.12. (b) Notwithstanding Chapter 22 (commencing with Section 14875) of Division 7 of the Water Code, as a part of the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2011, the commission shall adopt building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses in nonresidential occupancies. (c) In adopting building standards under this section, the commission shall do all of the following: (1) Ensure protection of water quality in accordance with applicable provisions of state and federal water quality law. (2) Consider the adopted building standards for the construction, installation, and alteration of graywater systems for indoor and outdoor uses in residential buildings. (3) Consider existing research available on the environmental consequences to soil and groundwater of short-term and long-term graywater use for irrigation purposes. (4) Consider graywater use impacts on human health. (5) Consider the circumstances under which the use of graywater treatment systems in nonresidential occupancies is recommended. (6) Consider the use and regulation of graywater in other jurisdictions. (7) Use Chapter 16 of the Uniform Plumbing Code, adopted by the International Association of Plumbing and Mechanical Officials, as the starting point for the building standards and amend those standards as necessary. (d) The commission may revise and update the standards adopted under this section at any time. (e) The commission’s adoption of building standards for graywater systems pursuant to this section shall terminate the authority of the Department of Water Resources to adopt and update standards for the installation, construction, and alteration of graywater systems in nonresidential buildings pursuant to Chapter 22 (commencing with Section 14875) of Division 7 of the Water Code. (Added by Stats. 2010, Ch. 622, Sec. 1. (SB 518) Effective January 1, 2011.)
  68. 18941.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must consider incorporating a Department of Transportation standard specification into the California Green Building Standards Code in the next triennial adoption process.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18941.9. The commission shall, in the next triennial adoption process for the code adopted after the development of a standard specification by the Department of Transportation pursuant to subdivision (b) of Section 71400 of the Public Resources Code, consider incorporating that specification as an additional strategy for Heat Island Effect: Hardscape Alternatives in the California Green Building Standards Code (Section A5.106.11.1 of Appendix 5 of Part 11 (commencing with Section 101.1) of Title 24 of the California Code of Regulations). (Added by Stats. 2012, Ch. 667, Sec. 2. (AB 296) Effective January 1, 2013.)
  69. 18942.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must publish the building code regularly and publish supplements as needed. Local governments must keep current copies of the relevant building standards available and on file for public inspection, with a limited exception for agencies that contract out enforcement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18942. (a) (1) The commission shall publish, or cause to be published, editions of the code in its entirety once every three years. In the intervening period the commission shall publish, or cause to be published, supplements as necessary. For emergency building standards defined in subdivision (a) of Section 18913, an emergency building standards supplement shall be published whenever the commission determines it is necessary. (2) Changes adopted during the intervening period described in paragraph (1) shall be limited to only the following: (A) Technical updates to existing code requirements only to the extent necessary to effectuate support or facilitate the incorporation or implementation of those existing code requirements. The updates shall be limited to clarifying, conforming, or coordinating changes that do not materially alter the substance or intent of the existing code provisions. (B) Emergency building standards. (C) Amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations). (D) The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or emergency updates to the model codes. (E) Changes or modifications made pursuant to paragraph (6) of subdivision (b) of Section 17958, paragraph (6) of subdivision (c) of Section 17958.5, or paragraph (6) of subdivision (c) of Section 17958.7. (F) Building standards necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations. (b) The commission shall publish the text of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104, within the requirements for single-family residential occupancies contained in Part 2.5 of Title 24 of the California Code of Regulations, with the following note: “NOTE: These regulations are subject to local government modification. You should verify the applicable local government requirements at the time of application for a building permit.” (c) The commission shall publish the text of Section 116064.2 within Part 2 of Title 24 of the California Code of Regulations. (d) The commission may publish, stockpile, and sell at a reasonable price the code and materials incorporated therein by reference if it deems the latter is insufficiently available to the public, or unavailable at a reasonable price. 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. (e) (1) Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other state regulations relating to buildings published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. These codes shall be maintained in the office of the building official responsible for the administration and enforcement of this part. (2) This subdivision shall not apply to a city or county that contracts for the administration and enforcement of the provisions of this part with another local government agency that complies with this section. (Amended by Stats. 2025, Ch. 22, Sec. 42. (AB 130) Effective June 30, 2025.)
  70. 18942.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    This section tells the Office of Administrative Law and the commission how to handle certain filed regulations or orders of repeal.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18942.1. (a) If a regulation or order of repeal is filed with the Office of Administrative Law, and if it appears to be a building standard, as defined by Section 18909, which has not been approved by the commission, the Office of Administrative Law shall consult with the commission or the commission’s staff to determine the character and status of the filed regulation or order. Any building standard improperly transmitted to the Office of Administrative Law, as determined according to this section, shall not be then filed with the Secretary of State, but, instead, the Office of Administrative Law shall transmit the building standard to the commission and notify the adopting agency of this action. (b) If an administrative regulation or order of repeal is filed with the commission and it does not directly apply to the implementation or enforcement of a building standard, it shall not be submitted to the commission for action, but, instead, the commission shall transmit the regulations to the Office of Administrative Law and notify the submitting agency of this action. (Amended by Stats. 1992, Ch. 897, Sec. 35. Effective January 1, 1993.)
  71. 18943.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Building standards in California Code of Regulations titles other than the California Building Standards Code have no force or effect after January 1, 1985.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18943. Building standards in individual titles of the California Code of Regulations other than the California Building Standards Code shall have no force or effect after January 1, 1985. (Amended by Stats. 2003, Ch. 62, Sec. 184. Effective January 1, 2004.)
  72. 18944.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    State agencies must adopt regulations that identify, by reference, the California Building Standards Code sections for standards they enforce.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944. State agencies shall adopt regulations for publication in the titles of the California Code of Regulations containing other regulations of the agency to identify, by reference, the appropriate sections of the California Building Standards Code containing those building standards for which that agency has enforcement responsibility. (Amended by Stats. 1992, Ch. 897, Sec. 38. Effective January 1, 1993.)
  73. 18944.11.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    A state agency that adopts or proposes plumbing standards must consider developing standards for nonwater-supplied urinals by July 1, 2009.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.11. On or before July 1, 2009, any state agency that adopts or proposes building standards for plumbing systems shall consider developing building standards that would govern the use of nonwater-supplied urinals for submission to the California Building Standards Commission in accordance with Sections 17921.4 and 18930. (Added by Stats. 2007, Ch. 499, Sec. 5. Effective January 1, 2008.)
  74. 18944.18.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    This section requires two agencies to repeal specified regulations and gives one agency emergency authority to implement the subdivision.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.18. (a) The California Building Standards Commission, in conjunction with the Office of Statewide Health Planning and Development, shall repeal Section 1226.7 of the 2013 Triennial Edition of the California Building Standards Code, including all cross-references to that section, as soon as possible. The Office of Statewide Health Planning and Development is granted emergency regulatory authority to implement this subdivision. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the regulations adopted under this subdivision shall become permanent without further regulatory action. (b) The State Department of Public Health shall, no later than July 1, 2014, repeal the regulations relating to abortion services in primary care clinics contained in Article 5 (commencing with Section 75040) of Chapter 7 of Division 5 of Title 22 of the California Code of Regulations. (Added by Stats. 2013, Ch. 663, Sec. 2. (AB 980) Effective January 1, 2014.)
  75. 18944.19.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    State housing authorities must research and develop new bicycle parking standards, and may propose or adopt them, when the next Green Building Standards Code update occurs on or after January 1, 2023.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.19. (a) Upon the next triennial update of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that occurs on or after January 1, 2023: (1) The Department of Housing and Community Development shall research and develop, and may propose for adoption, mandatory building standards for short-term and long-term bicycle parking in multifamily residential buildings, hotels, and motels. (2) The commission shall research and develop, and may adopt, revised mandatory building standards for short-term and long-term bicycle parking in nonresidential buildings. (b) In developing the standards pursuant to paragraphs (1) and (2) of subdivision (a), the Department of Housing and Community Development and the commission shall develop minimum mandatory bicycle parking standards using a method that is independent of the number of vehicle parking spaces. (Added by Stats. 2022, Ch. 809, Sec. 2. (AB 2863) Effective January 1, 2023.)
  76. 18944.21.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The commission must consider whether to adopt listed safety standards by July 1, 2023. If it does not adopt all of them, then starting July 1, 2024, state or local building codes may not prohibit certain approved refrigerants when they are installed under the stated standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.21. (a) Not later than July 1, 2023, the commission shall consider whether to adopt the most recent versions of the following consensus safety standards, to be codified and published in the California Building Standards Code: American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 15-2019; ASHRAE Standard 34-2019; Underwriters Laboratories (UL) 60335-2-89 2nd edition; and UL 60335-2-40 3rd edition. (b) If the commission does not adopt all of the consensus safety standards listed in subdivision (a), then effective July 1, 2024, no state or local building code provision shall prohibit the use of a refrigerant listed as acceptable under Section 7671k of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), provided each use is installed in accordance with the most recent version of ASHRAE Standard 15 and the applicable listing standard, such as UL 60335-2-89 or UL 60335-2-40. (Added by Stats. 2022, Ch. 251, Sec. 8. (AB 209) Effective September 6, 2022.)
  77. 18944.30.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. )

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    The Legislature states that straw-bale housing guidelines are intended to support low-cost, energy-efficient housing and broader benefits for agriculture, natural resources, and fisheries.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.30. The Legislature finds and declares all of the following: (a) There is an urgent need for low-cost, energy-efficient housing in California. (b) The cost of conventional lumber-framed housing has risen due to a shortage of construction-grade lumber. (c) Straw is an annually renewable source of cellulose that can be used as an energy-efficient substitute for stud-framed wall construction. (d) The state has mandated that the burning of rice straw be greatly reduced. (e) As a result of the mandated burning reduction, growers are experimenting with alternative straw management practices. Various methods of straw incorporation into the soil are the most widely used alternatives. The two most common methods are nonflood incorporation and winter flood incorporation. Economically viable off-farm uses for rice straw are not yet available. (f) Winter flooding of rice fields encourages the natural decomposition of rice straw and provides valuable waterfowl habitat. According to the Central Valley Habitat Joint Venture component of the North American Waterfowl Management Plan, in California’s Central Valley, over 400,000 acres of enhanced agricultural lands are needed to restore the depleted migratory waterfowl populations of the Pacific flyway. Flooded rice fields are a key and integral part of the successful restoration of historic waterfowl and shorebird populations. (g) Winter flooding of rice fields provides significant waterfowl habitat benefits and should be especially encouraged in areas where there is minimal potential to impact salmon as a result of surface water diversions. (h) An economically viable market for rice straw bales could result from the use of rice straw bales in housing construction. (i) Practicing architects and engineers have determined that the statutory guidelines established by Chapter 941 of the Statutes of 1995 contain specific requirements that they believe are either unnecessary or detrimental. Some of the requirements are considered costly and severely restrict the development of straw-bale housing. (j) Statutory guidelines for the use of straw-bale housing would significantly benefit energy conservation, natural resources, low-cost housing, agriculture, and fisheries in California. (k) Tests and experience with straw-bale construction demonstrate that it is a strong, durable, and thermally superior building system that deserves a larger role in modern construction. (Amended by Stats. 2002, Ch. 31, Sec. 1. Effective April 26, 2002. Inoperative on date prescribed in Section 18944.41.)
  78. 18944.31.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. )

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    The chapter’s straw-bale guidelines apply in cities or counties that adopted them before January 1, 2002, and those local governments may change the guidelines by ordinance or regulation if the changes are filed with the department.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.31. (a) Notwithstanding any other provision of law, the guidelines established by this chapter shall apply to the construction of all structures that use baled straw as a loadbearing or nonloadbearing material within any city or county that adopted the guidelines established by Chapter 941 of the Statutes of 1995 prior to January 1, 2002. This requirement shall not preclude the city or county from making changes or modifications to the guidelines pursuant to subdivision (b). Notwithstanding any other provision of law, the guidelines established by this chapter shall not become operative in a city or county that has not adopted the guidelines prior to January 1, 2002, unless and until the legislative body of the city or county makes an express finding that the application of these guidelines within the city or county is reasonably necessary because of local conditions and the city or county files a copy of that finding with the department. (b) A city or county may, by ordinance or regulation, make any changes or modifications in the guidelines contained in this chapter as it determines are reasonably necessary because of local conditions, provided the city or county files a copy of the changes or modifications and the express findings for the changes or modifications with the department. No change or modification of that type shall become effective or operative for any purpose until the finding and the change or modification has been filed with the department. (c) Nothing in this chapter shall be construed as increasing or decreasing the authority to approve or disapprove of alternative construction methods pursuant to the State Housing Law, Part 1.5 (commencing with Section 17910) or the California Building Standards Code, Title 24 of the California Code of Regulations. (d) It is the intent of the Legislature that the statutory guidelines of this chapter serve as an interim measure pending the evaluation of straw bales as a construction material through the normal processes used for the testing and listing of building materials, the determination of construction standards, and the adoption of those materials and construction standards into the California Building Standards Code. (Amended by Stats. 2002, Ch. 31, Sec. 2. Effective April 26, 2002. Inoperative on date prescribed in Section 18944.41.)
  79. 18944.32.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. )

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    This section says the chapter does not create an exemption from certain Business and Professions Code requirements for plans and calculations prepared under the direct supervision of a licensed architect or civil engineer.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.32. Nothing in this chapter shall be construed as an exemption from Chapter 3 (commencing with Section 5500) of, or Chapter 7 (commencing with Section 6700) of, Division 3 of the Business and Professions Code relative to preparation of plans, drawings, specifications, or calculations under the direct supervision of a licensed architect or civil engineer, for the construction of structures that deviate from the conventional framing requirements for wood-frame construction. (Added by Stats. 1995, Ch. 941, Sec. 1. Effective January 1, 1996.)
  80. 18944.33.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. )

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    This section defines key terms used in the straw-bale structures chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [18944.30 - 18944.33] ( Article 1 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.33. For the purposes of this chapter, the following terms are defined as follows: (a) “Bales” means rectangular compressed blocks of straw, bound by strings or wire. (b) “Department” means the Department of Housing and Community Development. (c) “Flakes” means slabs of straw removed from an untied bale. Flakes are used to fill small gaps between the ends of stacked bales. (d) “Laid flat” refers to stacking bales so that the sides with the largest cross-sectional area are horizontal and the longest dimension of this area is parallel with the wall plane. (e) “Laid on edge” refers to stacking bales so that the sides with the largest cross-sectional area are vertical and the longest dimension of this area is horizontal and parallel with the wall plane. (f) “Loadbearing” refers to plastered straw-bale walls that bear the dead and live loads of the roof and any upper floor. (g) “Nonloadbearing” refers to plastered straw-bale walls that bear only their own weight, such as infill panels within some type of post and beam structure. (h) “Plaster” means lime, gypsum, lime cement, or cement plasters, as defined by the California Building Standards Code, or earthen plaster with fiber reinforcing. (i) “Straw” means the dry stems of cereal grains left after the seed heads have been substantially removed. (Amended by Stats. 2002, Ch. 31, Sec. 3. Effective April 26, 2002. Inoperative on date prescribed in Section 18944.41.)
  81. 18944.35.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 2. Guidelines for Materials [18944.35- 18944.35.] ( Article 2 added by Stats. 1995, Ch. 941, Sec. 1. )

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    Straw bales used in these structures must meet specific shape, tie, moisture, density, and acceptance requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 2. Guidelines for Materials [18944.35- 18944.35.] ( Article 2 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.35. (a) Bales shall be rectangular in shape. (b) Bales used within a continuous wall shall be of consistent height and width to ensure even distribution of loads within wall systems. (c) Bales shall be bound with ties of either polypropylene string or baling wire. Bales with broken or loose ties shall not be used unless the broken or loose ties are replaced with ties which restore the original degree of compaction of the bale. (d) The moisture content of bales, at the time of installation, shall not exceed 20 percent of the total weight of the bale. Moisture content of bales shall be determined through the use of a suitable moisture meter, designed for use with baled rice straw or hay, equipped with a probe of sufficient length to reach the center of the bale, and used to determine the average moisture content of five bales randomly selected from the bales to be used. (e) Bales in loadbearing walls shall have a minimum calculated dry density of 7.0 pounds per cubic foot. The calculated dry density shall be determined after reducing the actual bale weight by the weight of the moisture content. (f) Where custom-made partial bales are used, they shall be of the same density, same string or wire tension, and, where possible, use the same number of ties as the standard size bales. (g) Bales of various types of straw, including wheat, rice, rye, barley, oats, and similar plants, shall be acceptable if they meet the minimum requirements of this chapter for density, shape, moisture content, and ties. (Amended by Stats. 2002, Ch. 31, Sec. 4. Effective April 26, 2002. Inoperative on date prescribed in Section 18944.41.)
  82. 18944.40.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 3. Construction Guidelines [18944.40 - 18944.41] ( Article 3 added by Stats. 1995, Ch. 941, Sec. 1. )

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    This section sets construction and safety rules for straw-bale walls, including wall thickness, height limits, structural support, moisture protection, wiring, pipes, and anchoring.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 3. Construction Guidelines [18944.40 - 18944.41] ( Article 3 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.40. (a) Straw-bale walls, when covered with plaster, drywall, or stucco, shall be deemed to have the equivalent fire resistive rating as wood-frame construction with the same wall-finishing system. (b) Minimum bale wall thickness shall be 13 inches. (c) Buildings with loadbearing bale walls shall not exceed one story in height without substantiating calculations and design by a civil engineer or architect licensed by the state, and the bale portion of the loadbearing walls shall not exceed a height-to-width ratio of 5.6:1 (for example, the maximum height for a wall that is 23 inches thick would be 10 feet 8 inches). (d) The ratio of unsupported wall length to thickness, for loadbearing walls, shall not exceed 15.7:1 (for example, for a wall that is 23 inches thick, the maximum unsupported length allowed is 30 feet). (e) The allowable vertical load (live and dead load) on top of loadbearing bale walls plastered with cement or lime cement plaster on both sides shall not exceed 800 pounds per linear foot, and the resultant load shall act at the center of the wall. Straw-bale structures shall be designed to withstand all vertical and horizontal loads, and the resulting overturning and base shear, as specified in the latest edition of the California Building Standards Code. Straw-bale walls plastered with cement or lime cement plaster on both sides shall be capable of resisting in-plane lateral forces from wind or earthquake of 360 pounds per linear foot. (f) Foundations shall be designed in accordance with the California Building Standards Code to accommodate the load created by the bale wall plus superimposed live and dead loads. Supports for bale walls shall extend to an elevation of at least six inches above adjacent ground at all points, and at least one inch above floor surfaces. (g) (1) Bale walls shall be anchored to supports to resist lateral forces, as approved by the civil engineer or architect. This may be accomplished with one-half inch reinforcing bars embedded in the foundation and penetrating the bales by at least 12 inches, located along the center line of the bale wall, spaced not more than two feet apart. Other methods as determined by the engineer or architect may also be used. (2) Nonbale walls abutting bale walls shall be attached by means of one or more of the following methods or by means of an acceptable equivalent: (A) Wooden dowels of 5/8 inch minimum diameter and of sufficient length to provide 12 inches of penetration into the bale, driven through holes bored in the abutting wall stud, and spaced to provide one dowel connection per bale. (B) Pointed wooden stakes, a minimum of 12 inches in length and 1 1/2 inches by 3 1/2 inches at the exposed end, fully driven into each course of bales, as anchorage points. (C) Bolted or threaded rod connection of the abutting wall, through the bale wall, to a steel nut and steel or plywood plate washer, a minimum of 6 inches square and a minimum thickness of 3/16 of an inch for steel and 1/2 inch for plywood, in a minimum of three locations. (3) (A) Bale walls and roof bearing assemblies shall be anchored to the foundation where necessary, as determined by the civil engineer or architect, by means of methods that are adequate to resist uplift forces resulting from the design wind load. There shall be a minimum of two points of anchorage per wall, spaced not more than 6 feet apart, with one located within 36 inches of each end of each wall. (B) With loadbearing bale walls, the dead load of the roof and ceiling systems will produce vertical compression of the walls. Regardless of the anchoring system used to attach the roof bearing assembly to the foundation, prior to installation of wall finish materials, the nuts, straps, or cables shall be retightened to compensate for this compression. (h) (1) A moisture barrier shall be used between the top of the foundation and the bottom of the bale wall to prevent moisture from migrating through the foundation so as to come into contact with the bottom course of bales. This barrier shall consist of one of the following: (A) Cementitious waterproof coating. (B) Type 30 asphalt felt over an asphalt emulsion. (C) Sheet metal flashing, sealed at joints. (D) Another building moisture barrier, as approved by the building official. (2) All penetrations through the moisture barrier, as well as all joints in the barrier, shall be sealed with asphalt, caulking, or an approved sealant. (3) There shall also be a drainage plane between the straw and the top of the foundation, such as a one inch layer of pea gravel. (i) (1) For nonloadbearing walls, bales may be laid either flat or on edge. Bales in loadbearing bale walls shall be laid flat and be stacked in a running bond, where possible, with each bale overlapping the two bales beneath it. Overlaps shall be a minimum of 12 inches. Gaps between the ends of bales which are less than 6 inches in width may be filled by an untied flake inserted snugly into the gap. (2) Bale wall assemblies shall be held securely together by rebar pins driven through bale centers as described in this chapter, or equivalent methods as approved by the civil engineer or architect. (3) The first course of bales shall be laid by impaling the bales on the rebar verticals and threaded rods, if any, extending from the foundation. When the fourth course has been laid, vertical #4 rebar pins, or an acceptable equivalent long enough to extend through all four courses, shall be driven down through the bales, two in each bale, located so that they do not pass through the space between the ends of any two bales. The layout of these rebar pins shall approximate the layout of the rebar pins extending from the foundation. As each subsequent course is laid, two pins, long enough to extend through that course and the three courses immediately below it, shall be driven down through each bale. This pinning method shall be continued to the top of the wall. In walls seven or eight courses high, pinning at the fifth course may be eliminated. (4) Alternative pinning method to the method described in paragraph (3): when the third course has been laid, vertical #4 rebar pins, or an acceptable equivalent, long enough to extend through all three courses, shall be driven down through the bales, two in each bale, located so that they do not pass through the space between the ends of any two bales. The layout of these rebar pins shall approximate the layout of the rebar pins extending from the foundation. As each subsequent course is laid, two pins, long enough to extend through that course and the two courses immediately below it, shall be driven down through each bale. This pinning method shall be continued to the top of the wall. (5) Only full-length bales shall be used at corners of loadbearing bale walls. (6) Vertical #4 rebar pins, or an acceptable alternative, shall be located within one foot of all corners or door openings. (7) Staples, made of #3 or larger rebar formed into a “U” shape, a minimum of 18 inches long with two 6-inch legs, shall be used at all corners of every course, driven with one leg into the top of each abutting corner bale. (j) (1) All loadbearing bale walls shall have a roof bearing assembly at the top of the walls to bear the roof load and to provide the means of connecting the roof structure to the foundation. The roof bearing assembly shall be continuous along the tops of loadbearing bale walls. (2) An acceptable roof bearing assembly option shall consist of two double 2-inch by 6-inch, or larger, horizontal top plates, one located at the inner edge of the wall and the other at the outer edge. Connecting the two doubled top plates, and located horizontally and perpendicular to the length of the wall, shall be 2-inch by 6-inch cross members, spaced no more than 72 inches center to center, and as required to align with the threaded rods extending from the anchor bolts in the foundation. The double 2-inch by 6-inch top plates shall be face-nailed with 16d nails staggered at 16-inch o.c., with laps and intersections face-nailed with four 16d nails. The crossmembers shall be face-nailed to the top plates with four 16d nails at each end. Corner connections shall include overlaps nailed as above or an acceptable equivalent, such as plywood gussets or metal plates. Alternatives to this roof bearing assembly option shall provide equal or greater vertical rigidity and provide horizontal rigidity equivalent to a continuous double 2 by 4 top plate. (3) The connection of roof framing members to the roof plate shall comply with the appropriate sections of the California Building Standards Code. (k) All openings in loadbearing bale walls shall be a minimum of one full bale length from any outside corner, unless exceptions are approved by an engineer or architect licensed by the state to practice. Wall or roof load present above any opening shall be carried, or transferred, to the bales below by one of the following: (1) A frame, such as a structural window or door frame. (2) A lintel, such as an angle-iron cradle, wooden beam, or wooden box beam. Lintels shall be at least twice as long as the opening is wide and extend a minimum of 24 inches beyond either side of the opening. Lintels shall be centered over openings. (3) A roof bearing assembly designed to act as a rigid beam over the opening. (l) (1) All weather-exposed bale walls shall be protected from water damage. No vapor impermeable barrier may be used on bale walls, and the civil engineer or architect may design the bale walls without any membrane barriers between straw and plaster, except as specified in this section, in order to allow natural transpiration of moisture from the bales and to secure a structural bond between plaster and straw. (2) Bale walls shall have special moisture protection provided at all horizontal surfaces exposed to the weather. This moisture protection shall be installed in a manner that will prevent water from entering the wall system. (m) (1) Interior and exterior surfaces of bale walls shall be protected from mechanical damage, flame, animals, and prolonged exposure to water. Bale walls adjacent to bath and shower enclosures shall be protected by a moisture barrier. (2) Cement stucco shall be reinforced with galvanized woven wire stucco netting or an equivalent, as approved by the building official. The reinforcement shall be secured by attachment through the wall at a maximum spacing of 24 inches horizontally and 16 inches vertically, unless substantiated otherwise by a civil engineer or architect. (3) Where bales abut other materials, the plaster or stucco shall be reinforced with galvanized expanded metal lath, or an acceptable equivalent, extending a minimum of 6 inches onto the bales. (4) Earthen and lime-based plasters may be applied directly onto bale walls without reinforcement, except where applied over materials other than straw. (n) (1) All wiring within or on bale walls shall meet all provisions of the California Electrical Code. Type “NM” or “UF” cable may be used, or wiring may be run in metallic or nonmetallic conduit systems. (2) Electrical boxes shall be securely attached to wooden stakes driven a minimum of 12 inches into the bales, or an acceptable equivalent. (o) Water or gas pipes within bale walls shall be encased in a continuous pipe sleeve to prevent leakage within the wall. Where pipes are mounted on bale walls, they shall be isolated from the bales by a moisture barrier. (p) Bales shall be protected from rain and other moisture infiltration at all times until protected by the roof of the structure. (Amended by Stats. 2002, Ch. 31, Sec. 5. Effective April 26, 2002. Inoperative on date prescribed in Section 18944.41.)
  83. 18944.41.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 3. Construction Guidelines [18944.40 - 18944.41] ( Article 3 added by Stats. 1995, Ch. 941, Sec. 1. )

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    This section says several straw-bale structure sections will stop applying once approved building standards that allow safe baled-straw construction become effective.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4.5. Guidelines for Straw-Bale Structures [18944.30 - 18944.41] ( Chapter 4.5 added by Stats. 1995, Ch. 941, Sec. 1. ) ## ARTICLE 3. Construction Guidelines [18944.40 - 18944.41] ( Article 3 added by Stats. 1995, Ch. 941, Sec. 1. ) ## 18944.41. Sections 18944.30, 18944.31, 18944.33, 18944.35, and 18944.40 shall become inoperative when building standards become effective after approval by the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) that permit the construction of structures that use baled straw as a loadbearing or nonloadbearing material and that are safe to the public. (Added by Stats. 2002, Ch. 31, Sec. 6. Effective April 26, 2002.)
  84. 18944.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    The code is binding on the state and other public agencies, and on federal agencies only to the extent allowed by federal law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.5. The code shall be binding on the state and other public agencies, including federal agencies to the extent permitted by federal law, in the same manner as it binds private parties or entities. (Added by Stats. 1979, Ch. 1152.)
  85. 18944.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. )

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    Alternative building regulations and standards under the State Historical Building Code must be kept as a separate and distinct part of the California Building Standards Code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 4. The California Building Standards Code [18935 - 18944.21] ( Heading of Chapter 4 amended by Stats. 1992, Ch. 897, Sec. 24. ) ## 18944.7. The alternative building regulations and building standards authorized under the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13) which have been published in Part 8 of the California Building Standards Code shall be maintained as a separate and distinct part or portion of the California Building Standards Code pursuant to that title. (Amended by Stats. 1988, Ch. 1194, Sec. 30.)
  86. 18945.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    Affected persons may appeal certain state agency building-standard matters to the commission, and a local agency and affected person may jointly appeal if both want to. The commission may accept a joint appeal only when the issues have statewide significance.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18945. (a) Any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard may appeal the issue for resolution to the commission. (b) If any local agency having authority to enforce a state building standard and any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of such agency respecting such building standard both wish to appeal the issue for resolution to the commission, then both parties may appeal to the commission. The commission may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance. (Added by Stats. 1979, Ch. 1152.)
  87. 18946.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    The commission may hear an appeal itself or send it to a hearing officer, panel, or committee, and it must issue its decision or interpretation in writing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18946. Except as provided in Section 18947, the commission may hear the appeal itself, or by designating a member of the commission to be a hearing officer, or may refer the appealing parties to an advisory panel, a committee, or to a hearing officer appointed by the Office of Administrative Hearings, wherein the hearing officer designated by the commission or appointed by the Office of Administrative Hearings, should, where possible, possess some expertise in the technical aspects of the appeal. If a referral is made, the panel, committee, or hearing officer may make an investigation and conduct hearings as they deem appropriate, provided that all interested agencies or parties shall have a full and fair opportunity to be heard. A proposed written decision shall be submitted to the commission which the commission may adopt, adopt as modified, or reject. The commission shall render its decision or interpretation in writing. (Amended by Stats. 1981, Ch. 1003.)
  88. 18947.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    If the appeal concerns enforcement of an occupational safety and health standard, the employer must appeal directly to the Occupational Safety and Health Appeals Board.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18947. Where the appeal issue results from the enforcement of a standard for occupational safety and health by an inspector of the Division of Occupational Safety and Health of the Department of Industrial Relations, the employer shall appeal directly to the Occupational Safety and Health Appeals Board, and the appeal shall be conducted pursuant to the provisions of Chapter 7 (commencing with Section 6600) of Part 1 of Division 5 of the Labor Code. Such an appeal, if sent to the commission in error, shall be forwarded immediately to the Occupational Safety and Health Appeals Board. The date of receipt of any such appeal by the commission shall be considered the date of filing for purposes of meeting the filing time requirements of Section 6600 of the Labor Code. (Added by Stats. 1979, Ch. 1152.)
  89. 18948.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    The enforcement and administration of building standards must remain with the state or local agency named by other law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18948. The responsibility for the enforcement and administration of building standards shall remain in the state or local agency specified by other provisions of law. (Added by Stats. 1979, Ch. 1152.)
  90. 18948.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    Local enforcement agencies must make certain written rules and regulations available to the public on request, and they may charge a fee to cover copying costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18948.1. (a) Written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code shall be made available to the public upon request. (b) A local enforcement agency may charge a fee to cover the costs of making copies of the written rules and regulations described in subdivision (a). (Added by Stats. 2004, Ch. 642, Sec. 2. Effective January 1, 2005.)
  91. 18949.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. )

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    The commission must set a fee schedule for appeals at a level that covers its administration and hearing costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 5. Appeals and Enforcement [18945 - 18949] ( Chapter 5 added by Stats. 1979, Ch. 1152. ) ## 18949. The commission shall establish a schedule of fees for appeals in an amount sufficient to pay its costs of administration and hearing appeals. (Added by Stats. 1981, Ch. 1082.)
  92. 18949.1.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    Responsibilities to adopt building-standard regulations are transferred from the State Architect to the commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.1. Any responsibilities of the State Architect to adopt regulations relating to building standards are hereby transferred to the commission. (Added by Stats. 1991, Ch. 865, Sec. 24.)
  93. 18949.2.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    The State Fire Marshal’s building-standard adoption duties are transferred to the commission, but the State Fire Marshal remains responsible for developing fire and life safety standards, and the commission may not rewrite or modify those standards without the Fire Marshal’s express mutual agreement.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.2. (a) Any responsibilities of the State Fire Marshal to adopt, through a formal rulemaking process as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, relating to building standards, including, but not limited to, Sections 13108, 13143, 13143.6, and 13211, are hereby transferred to the commission. (b) The State Fire Marshal shall remain the state agency responsible for developing building standards to implement the state’s fire and life safety policy. In its role as the fire and life safety standard developing agency, the State Fire Marshal shall continue its existing activities and forums designed to facilitate compromise and consensus among the various individuals and groups involved in development of the state’s codes related to fire and life safety. (c) The state’s fire and life safety building standards, as developed by the State Fire Marshal and as adopted by the commission, shall continue to be based on the state’s fire and life safety policy goals and mandates as they existed prior to the enactment of this chapter and as they are amended. (d) The role of the commission in reviewing and adopting fire and life safety building standards shall be strictly limited to a technical review of those standards, through a process integrated with the technical review of all other state building standards, and a determination as to whether those standards conform to the requirements of Section 18930 commonly known as the “nine point criteria.” (e) The commission may not rewrite or modify any fire or life safety building standard without the express mutual agreement of the State Fire Marshal. If the State Fire Marshal does not agree with the modification of a fire or life safety building standard as proposed by the commission, the authority of the commission shall be limited to disapproval of the standard, pursuant to the “nine point criteria” in Section 18930. (Added by Stats. 1991, Ch. 865, Sec. 24.)
  94. 18949.25.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    This section defines “construction inspector” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.25. For purposes of this chapter, “construction inspector” means any person who is hired or contracted by a local agency in a temporary or permanent capacity for the purpose of inspecting construction for structural, seismic safety, fire and life safety, or building system requirements of adopted uniform codes or standards, as applied to residential, commercial, or industrial buildings. (Added by renumbering Section 18965 by Stats. 1996, Ch. 124, Sec. 60. Effective January 1, 1997.)
  95. 18949.26.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    This section defines “plans examiner” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.26. For purposes of this chapter, “plans examiner” means any person who is hired or contracted by a local agency in a temporary or permanent capacity for the purpose of performing construction plan review for structural, seismic safety, fire and life safety, or building system requirements of adopted uniform codes or standards, as applied to residential, commercial, or industrial buildings. (Added by renumbering Section 18966 by Stats. 1996, Ch. 124, Sec. 61. Effective January 1, 1997.)
  96. 18949.27.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    This section defines “building official” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.27. For purposes of this chapter, “building official” means the individual invested with the responsibility for overseeing local code enforcement activities, including administration of the building department, interpretation of code requirements, and direction of the code adoption process. (Added by renumbering Section 18967 by Stats. 1996, Ch. 124, Sec. 62. Effective January 1, 1997.)
  97. 18949.28.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    Certain construction inspectors, plans examiners, and building officials must gain one year of verifiable experience and then get certification within one year, unless exempt.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.28. (a) All construction inspectors, plans examiners and building officials who are not exempt from the requirements of this chapter pursuant to subdivision (b), or previously certified, shall complete one year of verifiable experience in the appropriate field, and shall, within one year thereafter, obtain certification from a recognized state, national, or international association, as determined by the local agency. The area of certification shall be closely related to the primary job function, as determined by the local agency. (b) Any person who is currently and has continuously been employed as a construction inspector, plans examiner, or building official for not less than two years prior to the effective date of this section shall be exempt from the certification provisions of this section, unless and until that person obtains employment as a construction inspector, plans examiner, or building official with a different employer. (c) Nothing in this article is intended to prohibit a local agency from prescribing additional criteria for the certification of construction inspectors, plans examiners, or building officials. (d) Nothing in this chapter, as it relates to construction inspectors, plans examiners, or building officials, shall be construed to alter the requirements for licensure, or the jurisdiction, authority, or scope of practice, of architects pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, professional engineers pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or land surveyors pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. (Added by renumbering Section 18968 by Stats. 1996, Ch. 124, Sec. 63. Effective January 1, 1997.)
  98. 18949.29.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    Construction inspectors, plans examiners, and building officials must complete 45 hours of continuing education every three years, including 8 hours on disability access. Local governments may raise inspection fees to cover added compliance costs, and local agencies must prefer the code’s author when choosing certain training providers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.29. (a) All construction inspectors, plans examiners, and building officials shall complete a minimum of 45 hours of continuing education for every three-year period, with at least eight hours regarding disability access requirements pursuant to subdivision (d). A local government may charge or increase inspection fees to the extent necessary to offset any added costs incurred in complying with this section. (b) Providers of continuing education may include any organizations affiliated with the code enforcement profession, community colleges, or other providers of similar quality, as determined by the local agency. (c) For purposes of this section, “continuing education” is defined as that education relating to the enforcement of Title 24 of the California Code of Regulations, and any other locally enforced building and construction standards, including, but not limited to, the model uniform codes adopted by the state. When a local agency selects a model code organization as a provider of continuing education or certification programs regarding the enforcement of a model code adopted by the state, the local agency shall give preference to the organization responsible for promulgating or drafting that model code. (d) Continuing education regarding disability access requirements shall include information and practical guidance concerning requirements imposed by the Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Continuing education provided pursuant to this subdivision shall be presented by trainers or educators with knowledge and expertise in these requirements. (Amended by Stats. 2008, Ch. 549, Sec. 8. Effective January 1, 2009.)
  99. 18949.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    Responsibilities for adopting building standards regulations are transferred from the Office of Statewide Health Planning and Development to the commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.3. Any responsibilities of the Office of Statewide Health Planning and Development to adopt regulations relating to building standards, including, but not limited to, responsibilities specified in Division 12.5 (commencing with Section 15000), are hereby transferred to the commission. (Added by Stats. 1991, Ch. 865, Sec. 24.)
  100. 18949.30.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    This chapter generally does not apply to certain licensed professionals and fire-department personnel described here.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.30. This chapter does not apply to a registered professional engineer, licensed land surveyor, or licensed architect rendering construction inspection services, plan examination services, or building official services within the scope of his or her registration or licensure, except that this chapter applies to a registered professional engineer, licensed land surveyor, or licensed architect who is an employee of a local agency. This chapter does not apply to a construction inspector or plans examiner employed by any city or county fire department or district providing fire protection services. (Added by renumbering Section 18970 by Stats. 1996, Ch. 124, Sec. 65. Effective January 1, 1997.)
  101. 18949.31.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. )

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    Local agencies must pay certification and training costs, and they may charge fees to cover compliance costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 7. Construction Inspectors, Plans Examiners, and Building Officials [18949.25 - 18949.31] ( Heading of Chapter 7 repealed and added by Stats. 1996, Ch. 124, Sec. 59. ) ## 18949.31. The local agency shall bear the costs of certification, certification renewal, and continuing education, as mandated by this chapter. The local agency may impose fees, including, but not limited to, fees for construction inspection and plan checks, which may be used to cover the costs of compliance with this chapter. A local agency’s actual costs of compliance with this chapter may include, but are not limited to, training and certification courses, certification exam and renewal fees, employee salary during training and certification courses, and mileage and other reimbursable costs incurred by the employee. The fees imposed to cover the costs of compliance with this chapter shall reflect these actual costs, and are not limited by Chapter 5 of Division 1 of Title 7. (Added by renumbering Section 18971 by Stats. 1996, Ch. 124, Sec. 66. Effective January 1, 1997.)
  102. 18949.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    The State Energy Resources Conservation and Development Commission must submit building standards for review and approval under the stated schedule.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.4. The State Energy Resources Conservation and Development Commission shall submit building standards to the commission for review and approval pursuant to Section 18930 in accordance with the time schedule established by the California Building Standards Commission. (Amended by Stats. 2010, Ch. 610, Sec. 2.8. (AB 2762) Effective January 1, 2011.)
  103. 18949.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    Responsibilities to adopt building-standards regulations are transferred from the Department of Housing and Community Development to the commission.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.5. Any responsibilities of the Department of Housing and Community Development to adopt regulations relating to buildings standards are hereby transferred to the commission. (Added by Stats. 1991, Ch. 865, Sec. 24.)
  104. 18949.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    The commission must adopt regulations for how building standards and related administrative regulations are adopted and enforced.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.6. (a) The commission shall adopt regulations setting forth the procedure for the adoption of building standards and administrative regulations that apply directly to the implementation or enforcement of building standards. (b) Regulatory adoption shall be accomplished so as to facilitate the triennial adoption of the specified model codes pursuant to Section 18928. (c) The regulations shall allow for the distribution of proposed building standards and regulatory changes to the public for review in compliance with the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and for the acceptance of responses from the public. (Amended by Stats. 2004, Ch. 225, Sec. 40. Effective August 16, 2004.)
  105. 18949.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. )

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    Responsibility to adopt certain building-standard regulations is transferred from the State Department of Public Health to the commission, but the commission may not adopt a regulation without the department’s concurrence.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.5. STATE BUILDING STANDARDS [18901 - 18949.31] ( Part 2.5 repealed and added by Stats. 1979, Ch. 1152. ) ## CHAPTER 6. Regulations [18949.1 - 18949.7] ( Chapter 6 added by Stats. 1991, Ch. 865, Sec. 24. ) ## 18949.7. Any responsibilities of the State Department of Public Health to adopt regulations relating to building standards are hereby transferred to the commission, except that the commission shall not adopt any regulation without the concurrence of the State Department of Public Health. Nothing in this section shall be construed to change the current process for adopting regulations relating to building standards of health facilities, as defined in Section 1250. (Added by Stats. 2010, Ch. 246, Sec. 1. (AB 2001) Effective January 1, 2011.)
  106. 18950.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section says Part 2.7 is called the State Historical Building Code and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18950. This part shall be known and may be cited as the “State Historical Building Code.” (Added by Stats. 1975, Ch. 906.)
  107. 18951.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section states the purpose of the part: to provide alternative regulations and standards for qualifying historical buildings or structures.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18951. It is the purpose of this part to provide alternative regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of qualified historical buildings or structures, as defined in Section 18955. These alternative standards and regulations are intended to facilitate the rehabilitation, restoration, or change of occupancy so as to preserve their original or restored architectural elements and features, to encourage energy conservation and a cost-effective approach to preservation, and to provide for the safety of the building occupants. (Amended by Stats. 2003, Ch. 504, Sec. 1. Effective January 1, 2004.)
  108. 18952.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section says the part applies to all qualified historical buildings or structures defined in Section 18955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18952. This part shall apply to all qualified historical buildings or structures as defined in Section 18955. (Amended by Stats. 2003, Ch. 504, Sec. 2. Effective January 1, 2004.)
  109. 18953.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section states the purpose of the part: to preserve the historical value of qualified historical buildings or structures while providing reasonable safety and accessibility.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18953. It is the intent of this part to provide means for the preservation of the historical value of qualified historical buildings or structures and, concurrently, to provide reasonable safety from fire, seismic forces or other hazards for occupants of these buildings or structures, and to provide reasonable availability to and usability by, the disabled. (Amended by Stats. 2003, Ch. 504, Sec. 3. Effective January 1, 2004.)
  110. 18954.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

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    Repairs, alterations, and additions to a qualified historical building or structure may be made if they comply with this part, and local building departments and state agencies must use the alternative standards or regulations adopted under Section 18959.5 when issuing permits for those projects.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18954. Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a qualified historical building or structure may be made if they conform to this part. The building department of every city or county or other local agency that has jurisdiction over the enforcement of code within its legal authority shall apply the alternative standards and regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure. A state agency shall apply the alternative regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure. The application of any alternative standards for the provision of access to the disabled or exemption from access requirements shall be done on a case-by-case and item-by-item basis, and shall not be applied to an entire qualified historical building or structure without individual consideration of each item, and shall not be applied to related sites or areas except on an item-by-item basis. (Amended by Stats. 2003, Ch. 504, Sec. 4. Effective January 1, 2004.)
  111. 18955.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section defines what counts as a qualified historical building or structure for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18955. For the purposes of this part, a qualified historical building or structure is any structure or property, collection of structures, and their related sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include historical buildings or structures on existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and city or county registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks. This shall also include places, locations, or sites identified on these historical registers or official inventories and deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. (Amended by Stats. 2003, Ch. 504, Sec. 5. Effective January 1, 2004.)
  112. 18956.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

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    This section says that when other listed laws or regulations apply to qualified historical buildings or structures, their application is controlled by this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18956. The application of the provisions of Part 5.5 (commencing with Section 19955) of Division 13 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, Division 15 (commencing with Section 25000) of the Public Resources Code, and of any other statute or regulation, as they may apply to qualified historical buildings or structures, shall be governed by this part. (Amended by Stats. 1980, Ch. 676.)
  113. 18957.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

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    Authorized building or fire officials are not prevented from performing their duties when protecting public health, safety, and welfare.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18957. Nothing in this part shall be construed to prevent authorized building or fire officials from the performance of their duties when in the process of protecting the public health, safety, and welfare. (Added by Stats. 1975, Ch. 906.)
  114. 18958.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    Several state agencies may adopt rules and regulations under the State Historical Building Code for qualified historical buildings, subject to stated limits.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18958. Except as provided in Section 18930, the following state agencies, in addition to the State Historical Building Safety Board, shall have the authority to adopt rules and regulations pursuant to the State Historical Building Code governing the rehabilitation, preservation, restoration, related reconstruction, safety, or relocation of qualified historical buildings and structures within their jurisdiction: (a) The Division of the State Architect. (b) The State Fire Marshal. (c) The State Building Standards Commission, but only with respect to approval of building standards. (d) The Department of Housing and Community Development. (e) The Department of Transportation. (f) Other state agencies that may be affected by this part. (Amended by Stats. 2003, Ch. 504, Sec. 6. Effective January 1, 2004.)
  115. 18959.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    State and local authorities must administer and enforce this part for qualified historical buildings, and local agencies may make necessary code changes if they make findings, keep them public, and file them with the State Historical Building Safety Board.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18959. (a) Except as otherwise provided in Part 2.5 (commencing with Section 18901), all state agencies shall administer and enforce this part with respect to qualified historical buildings or structures under their respective jurisdiction. (b) Except as otherwise provided in Part 2.5 (commencing with Section 18901), all local authorities shall, within their legal authority, administer and enforce this part with respect to qualified historical buildings or structures under their respective jurisdictions where applicable. (c) The State Historical Building Safety Board shall coordinate and consult with the other applicable state agencies affected by this part and, except as provided in Section 18943, disseminate provisions adopted pursuant to this part to all local building authorities and state agencies at cost. (d) Regulations adopted by the State Fire Marshal pursuant to this part shall be enforced in the same manner as regulations are enforced under Sections 13145, 13146, and 13146.5. (e) Regular and alternative building standards published in the California Building Standards Code shall be enforced in the same manner by the same governmental entities as provided by law. (f) When administering and enforcing this part, each local agency may make changes or modifications in the requirements contained in the California Historical Building Code, as described in Section 18944.7, as it determines are reasonably necessary because of local climatic, geological, seismic, and topographical conditions. The local agency shall make an express finding that the modifications or changes are needed, and the finding shall be available as a public record. A copy of the finding and change or modification shall be filed with the State Historical Building Safety Board. No modification or change shall become effective or operative for any purpose until the finding and modification or change has been filed with the board. (Amended by Stats. 2003, Ch. 504, Sec. 7. Effective January 1, 2004.)
  116. 18959.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    The State Historical Building Safety Board must adopt and submit alternative building standards for approval, and may also adopt, amend, and repeal certain alternative rules and regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18959.5. Subject to the applicable provisions of Part 2.5 (commencing with Section 18901) of this division, the State Historical Building Safety Board shall adopt and submit alternative building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of this division and may adopt, amend, and repeal other alternative rules and regulations under this part which the board has recommended for adoption under subdivision (b) of Section 18960 by the State Architect or other appropriate state agencies. (Amended (as amended by Stats. 1984, Ch. 1314) by Stats. 1990, Ch. 625, Sec. 7.)
  117. 18960.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

    Verify source ↗

    This section creates the State Historical Building Safety Board and gives it consulting, review, appeal, and fee-related functions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18960. (a) A State Historical Building Safety Board is hereby established as a unit within the Division of the State Architect. The board shall be composed of qualified experts in their respective fields who shall represent various state and local public agencies, professional design societies and building and preservation oriented organizations. (b) This board shall act as a consultant to the State Architect and to the other applicable state agencies for purposes of this part. The board shall recommend to the State Architect and the other applicable state agencies rules and regulations for adoption pursuant to this part. (c) The board shall also act as a review body to state and local agencies with respect to interpretations of this part as well as on matters of administration and enforcement of it. The board’s decisions shall be reported in printed form. (1) Notwithstanding subdivision (b) of Section 18945, if any local agency administering and enforcing this part or any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of this agency representing a building standard wishes to appeal the issue for resolution to the State Historical Building Safety Board, these parties may appeal to the board. The board may accept the appeal only if it determines that issues involved in the appeal have statewide significance. (2) The State Historical Building Safety Board shall, upon making a decision on an appeal pursuant to paragraph (1), send a copy to the State Building Standards Commission. (3) Requests for interpretation by local agencies of the provisions of this part may be accepted for review by the State Historical Building Safety Board. A copy of an interpretation decision shall be sent to the State Building Standards Commission in the same manner as paragraph (2). (4) The State Historical Building Safety Board may charge a reasonable fee, not to exceed the cost of the service, for requests for copies of their decisions and for requests for reviews by the board pursuant to paragraph (1) or (3). All funds collected pursuant to this paragraph shall be deposited in the State Historical Building Code Fund, which is hereby established, for use by the State Historical Building Safety Board. The State Historical Building Code Fund and the fees collected therefor, and the budget of the State Historical Building Safety Board, shall be subject to annual appropriation in the Budget Act. (5) Local agencies may also charge reasonable fees not to exceed the cost for making an appeal pursuant to paragraph (1) to persons adversely affected as described in that appeal. (6) All other appeals involving building standards under this part shall be made as set forth in subdivision (a) of Section 18945. (d) The board shall be composed of representatives of state agencies and public and professional building design, construction, and preservation organizations experienced in dealing with historic buildings. Unless otherwise indicated, each named organization shall appoint its own representatives. Each of the following shall have one member on the board who shall serve without pay, but shall receive actual and necessary expenses incurred while serving on the board: (1) The Division of the State Architect. (2) The State Fire Marshal. (3) The State Historical Resources Commission. (4) The California Occupational Safety and Health Standards Board. (5) California Council, American Institute of Architects. (6) Structural Engineers Association of California. (7) A mechanical engineer, Consulting Engineers and Land Surveyors of California. (8) An electrical engineer, Consulting Engineers and Land Surveyors of California. (9) California Council of Landscape Architects. (10) The Department of Housing and Community Development. (11) The Department of Parks and Recreation. (12) The California State Association of Counties. (13) League of California Cities. (14) The Office of Statewide Health Planning and Development. (15) The Department of Rehabilitation. (16) The California Chapter of the American Planning Association. (17) The Department of Transportation. (18) The California Preservation Foundation. (19) The Seismic Safety Commission. (20) The California Building Officials. (21) The Building Owners and Managers Association of California. The 21 members listed above shall select a building contractor as a member of the board, who shall serve without pay, but shall receive actual and necessary expenses incurred while serving on the board. Each of the appointing authorities shall appoint, in the same manner as for members, an alternate in addition to a member. The alternate member shall serve in place of the member at the meetings of the board that the member is unable to attend. The alternate shall have all of the authority that the member would have when the alternate is attending in the place of the member. The board may appoint, from time to time, as it deems necessary, consultants who shall serve without pay but shall receive actual and necessary expenses as approved by the board. (e) The term of membership on the board shall be for four years, with the State Architect’s representative serving continually until replaced. Vacancies on the board shall be filled in the same manner as original appointments. The board shall annually select a chairperson from among the members of the board. (Amended by Stats. 2007, Ch. 55, Sec. 1. Effective January 1, 2008.)
  118. 18961.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

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    State agencies handling approvals, variances, or appeals affecting qualified historical buildings must use the part’s alternative provisions and consult the State Historical Building Safety Board before acting.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18961. All state agencies that enforce and administer approvals, variances, or appeals procedures or decisions affecting the preservation or safety of the historical aspects of qualified historical buildings or structures shall use the alternative provisions of this part and shall consult with the State Historical Building Safety Board to obtain its review prior to undertaking action or making decisions on variances or appeals that affect qualified historical buildings or structures. (Amended by Stats. 2003, Ch. 504, Sec. 9. Effective January 1, 2004.)
  119. 18962.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. )

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    This section requires local agencies to reduce parking requirements for certain development projects converting or adapting designated historical resources.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 2.7. STATE HISTORICAL BUILDING CODE [18950 - 18962] ( Part 2.7 added by Stats. 1975, Ch. 906. ) ## 18962. (a) For a development project in which a designated historical resource is being converted or adapted, a local agency shall provide the following reductions in required parking, unless otherwise required by a local historical preservation or adaptive reuse ordinance: (1) For a project converting or adapting a designated historical resource to a residential use that is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, a local agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted. (2) For a project converting or adapting a designated historical resource to a nonresidential use, a local agency shall provide a 25-percent reduction in the amount of parking spaces that would otherwise be required. (b) A development project in which a designated historical resource is being converted or adapted that is eligible for reductions in required parking pursuant to this section shall comply with all federal, state, and local alternative regulations and standards necessary for the preservation, restoration, rehabilitation, safety, relocation, or continued use of the designated historical resource. (c) For purposes of this section, “designated historical resource” means a structure or property officially designated on a local register of historical resources, the California Register of Historical Resources, or the National Register of Historic Places. (Added by Stats. 2018, Ch. 234, Sec. 1. (AB 2263) Effective January 1, 2019.)
  120. 19.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section defines “person” to include individuals and several business or organizational forms.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 19. “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 151. Effective January 1, 1995.)
  121. 19000.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Scope and Application [19000- 19000.] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    In this part, any provision that conflicts with the State Housing Law does not apply to buildings subject to that law.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Scope and Application [19000- 19000.] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 19000. Any provision in this part which is inconsistent with any provision in the State Housing Law, or any rule or regulation promulgated pursuant thereto, is inapplicable to buildings subject to that law. (Amended by Stats. 1961, Ch. 1844.)
  122. 19100.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Scope and Application [19100 - 19101] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says Chapter 2 on earthquake protection does not apply to several listed kinds of buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Scope and Application [19100 - 19101] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 19100. This chapter does not apply to any of the following buildings: (a) Any building not intended primarily for occupancy by human beings and located entirely outside the limits of a city or city and county. (b) Any building designed and constructed for use exclusively as a dwelling by not more than two families and located entirely outside the limits of a city or city and county. (c) Any building designed and constructed primarily for use in housing poultry, livestock, hay, grain, or farm machinery and supplies, even though persons may work in, or may otherwise be present in, such building from time to time. (d) Any building under construction on and prior to May 26, 1933. (e) Any building in an unincorporated area and used for human habitation and of wood frame construction and not more than two stories in height, in which the span between bearing walls does not exceed twenty-four feet (24’), no room in which contains an area of more than one thousand square feet (1,000 sq. ft.), and which is located in a labor camp as defined in Section 2410 of the Labor Code. (Amended by Stats. 1968, Ch. 367.)
  123. 19101.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Scope and Application [19100 - 19101] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    Any city, city and county, or county may adopt by ordinance construction standards that are higher than those in this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Scope and Application [19100 - 19101] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 19101. Any city, city and county, or county may establish by ordinance construction standards higher than those established by this chapter. (Enacted by Stats. 1939, Ch. 60.)
  124. 19120.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    Local building departments in every city and city and county must enforce this chapter within their local area.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 19120. The building department of every city and city and county shall enforce this chapter within the city or city and county. “Building department” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings. (Enacted by Stats. 1939, Ch. 60.)
  125. 19121.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    County enforcement officials must enforce this chapter within the county but outside city limits.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 19121. The department, officer, or officers of a county who are charged with the enforcement of ordinances or laws regulating the erection, construction, or alteration of buildings shall enforce this chapter within the county but outside the territorial limits of any city. (Enacted by Stats. 1939, Ch. 60.)
  126. 19122.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A city or county may pass an ordinance designating a different department or officer to enforce all or part of this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 19122. Any city or county may, by ordinance, designate any department or officer, other than a department or officer mentioned in this chapter, to enforce all or any part of this chapter. (Enacted by Stats. 1939, Ch. 60.)
  127. 19123.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a city or county lacks a designated enforcement officer or department for this chapter, county officials must enforce it instead.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 19123. In any city where there is no department or officer charged with or designated for the enforcement of this chapter, the appropriate department, officer, or officers of the county in which such city is located shall enforce this chapter. In any county where there is no department or officer charged with or designated for the enforcement of this chapter, this chapter shall be enforced by the county engineer, if there is a county engineer, and if not, then by the county surveyor. (Added by Stats. 1941, Ch. 301.)
  128. 19124.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    The Division of Codes and Standards may enforce certain housing and building standards violations after written notice and a 10-day failure to correct; related building-permit fees are payable to the division in those cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Enforcement [19120 - 19124] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 19124. The Division of Codes and Standards of the Department of Housing and Community Development may enforce any provision of this chapter or any building standards published in the State Building Standards Code which it finds is being violated in a building hereafter constructed, after it has given the enforcement agency written notice of the violation and the enforcement agency has failed to secure correction of the violation within the following 10 days. In such cases where the division processes applications for building permits, the fees prescribed in this chapter shall be payable to the division. (Amended by Stats. 1979, Ch. 1152.)
  129. 19130.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

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    A person may not build a building covered by this chapter unless a written permit has been obtained from the appropriate enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19130. No person shall construct a building subject to this chapter unless he has obtained a written permit for that purpose from the appropriate enforcement agency. (Added by Stats. 1941, Ch. 301.)
  130. 19131.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

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    A person seeking a permit must file an application with the appropriate enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19131. Any person desiring a permit shall file an application therefor with the appropriate enforcement agency, which application shall contain: (a) The name and address of the applicant. (b) A detailed written statement of the work to be done. (Added by Stats. 1941, Ch. 301.)
  131. 19132.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    An applicant for a building permit must file plans, specifications, and the required filing fee with the application.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19132. The applicant shall file with his application: (a) A complete set of the plans of the work proposed. (b) A set of specifications describing the materials to be used in the work. (c) The fee prescribed for filing an application for a building permit. (Amended by Stats. 1945, Ch. 1147.)
  132. 19132.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

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    Local governments may set filing-fee ordinances for permit applications, but the fees must stay tied to actual permit-issuance costs and cannot be used for general revenue. The housing commission may also set a fee schedule when the state housing department is the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19132.3. The governing body of any county or city, including a charter city, may adopt an ordinance prescribing fees for filing applications pursuant to this chapter, but the fees shall not exceed the amount reasonably required by the local enforcement agency to issue permits pursuant to this chapter, and shall not be levied for general revenue purposes. The fees shall be imposed pursuant to Section 66016 of the Government Code. Where the Department of Housing and Community Development is the enforcement agency, the Commission of Housing and Community Development may establish a schedule of fees to pay the cost of administration and enforcement of this chapter. All rules and regulations promulgated by the commission under the authority of this part shall be promulgated pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1990, Ch. 1572, Sec. 25.)
  133. 19132.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    If permit-required work starts before the permit is obtained, the Section 19132.3 fees are doubled, and paying that double fee does not excuse compliance with the chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19132.5. Where work for which a permit is required by this chapter is started or proceeded with prior to the obtaining of such permit, the fees prescribed in Section 19132.3 shall be doubled. The payment of such double fee does not relieve any person from fully complying with the requirements of this chapter in the execution of the work. (Added by Stats. 1945, Ch. 1147.)
  134. 19132.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

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    The enforcement agency must determine permit-work costs using approved estimating practices, keep a permanent fee account, and pay received fees into the city or county treasury.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19132.7. The enforcement agency shall determine the cost of the work to be done for which the applicant desires a permit, and shall be guided by approved estimating practices. The enforcement agency shall keep a permanent account of all fees received under this chapter, the names of the persons upon whose account the same were paid, the date and the amount thereof, and the location of the building or premises to which they relate. All fees received shall be paid into the treasury of the city or county. (Added by Stats. 1945, Ch. 1147.)
  135. 19132.9.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    Certain public entities do not have to pay a fee to file a building permit application under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19132.9. The United States, the State of California, school or other districts, counties and cities shall not be required to pay a fee for filing an application for a building permit pursuant to this chapter. (Amended by Stats. 1973, Ch. 692.)
  136. 19133.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    The enforcement agency must review the application, plans, and specifications, and must approve them and issue a permit if the work would not violate this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19133. The enforcement agency shall examine the application, plans, and specifications filed with it by an applicant, and if it appears that the work to be done will not result in a violation of this chapter, shall approve them and issue a permit to the applicant. (Added by Stats. 1941, Ch. 301.)
  137. 19134.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    The enforcement agency may approve changes to application, plans, or specifications it previously approved.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19134. The enforcement agency may approve changes in any application, plans, or specifications previously approved by it. (Added by Stats. 1941, Ch. 301.)
  138. 19135.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    The enforcement agency may revoke a permit if the permittee does not comply with this chapter or if the permit application materials contain false statements or misrepresentations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19135. The enforcement agency may revoke any permit if the permittee refuses, fails, or neglects to comply with any provision of this chapter, or if it finds that any false statement or misrepresentation was made in the application, plans, or specifications filed by the permittee. (Added by Stats. 1941, Ch. 301.)
  139. 19136.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    A permittee must perform permitted work only according to the application, plans, and specifications filed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19136. The work authorized by a permit shall be performed only in accordance with the application, plans, and specifications filed by the permittee. (Added by Stats. 1941, Ch. 301.)
  140. 19137.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    Issuing a permit does not mean the permit approves any violation of this chapter.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19137. The issuance of a permit does not constitute approval of any violation of any provision of this chapter. (Added by Stats. 1941, Ch. 301.)
  141. 19138.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. )

    Verify source ↗

    If a building is covered by both this chapter and State Housing Law permit rules, the filer does not need to duplicate plan filings, add a detailed work statement, or pay a chapter permit filing fee when a local ordinance already sets a State Housing Law permit fee.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2a. Building Permits [19130 - 19138] ( Article 2a added by Stats. 1941, Ch. 301. ) ## 19138. In any case where a building subject to this chapter is also subject to any permit provisions of the rules and regulations promulgated pursuant to the provision of the State Housing Law, it shall not be necessary to make duplicate filings of plans and specifications hereunder, to include in the application a detailed statement of the work to be done, nor shall it be necessary to pay a fee for filing an application for a building permit under this chapter if a fee is prescribed by local ordinance for a permit under the State Housing Law. In such cases, the application hereunder may contain a general statement of the work to be done, with a specific reference to the application, plans, and specifications filed under the State Housing Law. (Amended by Stats. 1961, Ch. 1844.)
  142. 19150.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Design and Construction [19150- 19150.] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Buildings and structures must be designed and constructed to resist lateral-force stresses under the State Building Standards Code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Design and Construction [19150- 19150.] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 19150. Every building or structure and every portion thereof shall be designed and constructed to resist stresses produced by lateral forces as provided in the State Building Standards Code. In areas where the Division of Codes and Standards of the Department of Housing and Community Development is the enforcement agency, plumbing and electrical equipment and installations shall be subject to building standards published in the State Building Standards Code and the other rules and regulations adopted pursuant to Sections 17921 and 17922 of this code. (Amended by Stats. 1979, Ch. 1152.)
  143. 19160.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    This section states legislative findings about earthquake hazards and says California should encourage cities and counties to address the seismic safety of soft story residential buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19160. The Legislature finds and declares that: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported. (b) Tens of thousands of buildings subject to severe earthquake hazards continue to be a serious danger to the life and safety of hundreds of thousands of Californians who live and work in them in the event of an earthquake. (c) Improvement of safety to life is the primary goal of building reconstruction to reduce earthquake hazards. (d) In order to make building reconstruction economically feasible for, and to provide improvement of the safety of life in, seismically hazardous buildings, building standards enacted by local government for building reconstruction may differ from building standards which govern new building construction. (e) “Soft story” residential buildings are a subset of multistory woodframe structures that may have inadequately braced lower stories that may not be able to resist earthquake motion. (f) Soft story residential buildings are an important component of the state’s housing stock and are in jeopardy of being lost in the event of a major earthquake. (g) Soft story residential buildings were responsible for 7,700 of the 16,000 housing units rendered uninhabitable by the Loma Prieta earthquake and over 34,000 of the housing units rendered uninhabitable by the Northridge earthquake. (h) During an earthquake, soft story residential buildings may create dangerous conditions as illustrated in the Northridge Meadows apartment failure that claimed the lives of 16 residents. (i) The collapse of soft story residential buildings can ignite fires that threaten trapped occupants and neighboring buildings and complicates emergency response. (j) The Association of Bay Area Governments (ABAG) estimates that soft story residential buildings will be responsible for 66 percent of the uninhabitable housing following an event on the Hayward fault. (k) The failure of soft story residential buildings is estimated by ABAG to be the source of a disproportionate share of the public shelter population because they tend to be occupied by the very poor, the very old, and the very young. (l) The Seismic Safety Commission has recommended that legislation be enacted to require state and local building code enforcement agencies to identify potentially hazardous buildings and to adopt mandatory mitigation programs that will significantly reduce unacceptable hazards in buildings by 2020. (m) The current nationally recognized model code relating to the retrofit of existing buildings is Appendix Chapter A4 of the International Existing Building Code. However, it is not the intent of the Legislature, if other model codes relating to the retrofit of existing buildings are developed, to limit the California Building Standards Commission or a local government, pursuant to Section 19162, to adopting a particular model code. (n) Therefore, it is the intent of the Legislature to encourage cities and counties to address the seismic safety of soft story residential buildings and encourage local governments to initiate efforts to reduce the seismic risk in vulnerable soft story residential buildings. (Amended by Stats. 2005, Ch. 525, Sec. 1. Effective January 1, 2006.)
  144. 19161.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    Cities, city and counties, and counties may assess earthquake hazards and identify potentially hazardous buildings in their jurisdiction. Structural evaluations under this section must be made by specified architects or engineers, or by enforcing-agency staff supervised by one of them.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19161. (a) Each city, city and county, or county, may assess the earthquake hazard in its jurisdiction and identify buildings subject to its jurisdiction as being potentially hazardous to life in the event of an earthquake. Potentially hazardous buildings include the following: (1) Unreinforced masonry buildings constructed prior to the adoption of local building codes requiring earthquake resistant design of buildings that are constructed of unreinforced masonry wall construction and exhibit any of the following characteristics: (A) Exterior parapets or ornamentation that may fall. (B) Exterior walls that are not anchored to the floors or roof. (C) Lack of an effective system to resist seismic forces. (2) Woodframe, multiunit residential buildings constructed before January 1, 1978, where the ground floor portion of the structure contains parking or other similar open floor space that causes soft, weak, or open-front wall lines, as provided in a nationally recognized model code relating to the retrofit of existing buildings or substantially equivalent standards. (b) Structural evaluations made pursuant to this section shall be made by an architect as defined in Section 5500 of the Business and Professions Code, or a civil or structural engineer registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or staff of the enforcing agency, as described in Section 17960, supervised by an architect or civil or structural engineer authorized by this subdivision to make the structural evaluations. (Amended by Stats. 2006, Ch. 538, Sec. 375. Effective January 1, 2007.)
  145. 19162.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    Local governments may adopt by ordinance seismic retrofit standards for certain earthquake-hazardous buildings, and those standards stay in effect until state building standards take effect.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19162. (a) Notwithstanding the provisions of Section 19100 or 19150 or any other provision of law, the governing body of any city, city and county, or county may, by ordinance, establish building seismic retrofit standards applicable to the seismic retrofit of any buildings identified pursuant to paragraph (1) of subdivision (a) of Section 19161 by the city, city and county, or county as being potentially hazardous to life in the event of an earthquake. (b) (1) Notwithstanding the provisions of Section 19100, 19150, or any other provision of law, the governing body of any city, city and county, or county may, by ordinance, establish building seismic retrofit standards applicable to the seismic retrofit of any buildings identified pursuant to paragraph (2) of subdivision (a) of Section 19161 by the city, city and county, or county as being potentially hazardous to life in the event of an earthquake. Any standards established pursuant to this section shall apply until the effective date of building standards adopted by the California Building Standards Commission relating to the retrofit of existing buildings, if any, at which time the standards adopted by the commission as amended by the city, county, or city and county pursuant to Section 17958.5 shall apply. (2) A local ordinance establishing building seismic retrofit standards applicable to soft story residential structures adopted before January 1, 2006, shall remain in full force and effect until the effective date of building standards adopted by the California Building Standards Commission relating to the retrofit of existing buildings unless the city, county, or city and county after January 1, 2006, adopts an ordinance pursuant to paragraph (1). (c) Building seismic retrofit standards adopted pursuant to this section may be applied uniformly throughout the city, city and county, or county, or may be applied in specific areas designated by the city, city and county, or county. (d) For purposes of this chapter, “seismic retrofit” means either structural strengthening or providing the means necessary to modify the seismic response that would otherwise be expected by an existing building during an earthquake, to significantly reduce hazards to life and safety while also providing for the substantial safe ingress and egress of the building occupants immediately after an earthquake. (Amended by Stats. 2005, Ch. 525, Sec. 3. Effective January 1, 2006.)
  146. 19163.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    Local ordinances under Section 19162 must require specified seismic retrofit standards for certain hazardous or potentially hazardous buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19163. Any local ordinance adopted pursuant to Section 19162 shall require the following: (a) Any seismic retrofit of any building identified pursuant to paragraph (1) of subdivision (a) of Section 19161 as being hazardous to life in the event of an earthquake shall provide for the reasonable adequacy of all of the following: (1) Unreinforced masonry walls to resist normal and inplane seismic forces. (2) The anchorage and stability of exterior parapets and ornamentation. (3) The anchorage of unreinforced masonry walls to the floors and roof. (4) Floor and roof diaphragms. (5) The development of a complete bracing system to resist earthquake forces. (b) Any seismic retrofit of any building identified pursuant to paragraph (2) of subdivision (a) of Section 19161 as potentially hazardous shall comply with a nationally recognized model code relating to the retrofit of existing buildings or substantially equivalent standards. If the city, county, or city and county adopts local amendments to those provisions, it shall determine that the amendments are consistent with Section 17958.5. (c) Seismic retrofit of any building or portions of any building shall be designed to resist and withstand the seismic forces from any direction as set forth in the building seismic retrofit standards using the allowable working stresses adopted pursuant to this article. (d) The governing board of any city, city and county, or county may establish, by ordinance, standards and procedures to fulfill the intent of paragraph (2) of subdivision (a) without regard to the remainder of the requirements specified above. (Amended by Stats. 2005, Ch. 525, Sec. 4. Effective January 1, 2006.)
  147. 19163.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    A city, city and county, or county may adopt an ordinance setting higher seismic retrofit standards for certain earthquake-emergency buildings, unless Chapter 1 of Part 7 of Division 107 otherwise provides.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19163.5. Except as otherwise provided in Chapter 1 (commencing with Section 129675) of Part 7 of Division 107, an ordinance adopted by a city, city and county, or county pursuant to Section 19163, may establish higher standards for the seismic retrofit of those structures or buildings which are needed for emergency purposes after an earthquake in order to preserve the peace, health, and safety of the general public, including, but not limited to, hospitals and other medical facilities having surgery or emergency treatment areas, fire and police stations, government disaster operations centers, and public utility and communication buildings deemed vital in emergencies. (Amended by Stats. 2006, Ch. 890, Sec. 11. Effective January 1, 2007.)
  148. 19164.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

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    Cities, city and counties, and counties may set allowable working stresses for existing materials, but the stresses must be limited by an appropriate safety factor. If the local jurisdiction cannot do this, it may use the State Architect as a consultant, and those stresses are subject to Seismic Safety Commission approval.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19164. Any city, city and county, or county may assign allowable working stresses to existing materials based on substantiating research data or engineering judgment. Such allowable working stresses shall be limited by a safety factor which is reasonably commensurate with the importance of the element in which the material is used. In the event the local jurisdiction does not have the ability to assign such allowable working stresses, it may employ as a consultant the office of the State Architect. Allowable working stresses prepared by the office of the State Architect for any city, city and county, or county shall be subject to approval by the Seismic Safety Commission. (Added by Stats. 1979, Ch. 510.)
  149. 19165.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

    Verify source ↗

    Local governments adopting certain seismic retrofit ordinances must file a copy of the standards, and later amendments, with the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19165. Any city, city and county, or county adopting an ordinance establishing building seismic retrofit standards for seismically hazardous buildings shall file for informational purposes with the Department of Housing and Community Development a copy of those standards and all subsequent amendments. (Amended by Stats. 2006, Ch. 538, Sec. 376. Effective January 1, 2007.)
  150. 19166.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

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    A properly maintained building that was retrofitted to the required seismic standards cannot be reidentified as a seismic hazard to life for 15 years, unless it no longer meets those retrofit standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19166. Any building identified as being a seismic hazard to life and retrofitted in compliance with building seismic retrofit standards adopted pursuant to this article and properly maintained, shall not, within a period of 15 years, be identified as a seismic hazard to life pursuant to any local building standards adopted after the date of the building seismic retrofit unless the building no longer meets the seismically hazardous building retrofit standards under which it was retrofitted. (Amended by Stats. 2005, Ch. 525, Sec. 7. Effective January 1, 2006.)
  151. 19167.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

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    Cities, counties, city and county governments, and their employees are immune from damages liability under this article for certain earthquake-related assessments, ordinances, actions, or failures to act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19167. No city, city and county, or county, nor any employee of any such entity, shall be liable for damages for injury to persons or property, resulting from an earthquake or otherwise, on the basis of any assessment or evaluation performed, any ordinance adopted, or any other action taken pursuant to this article, irrespective of whether such action complies with the terms of this article, or on the basis of failure to take any action authorized by this article. The immunity from liability provided herein is in addition to all other immunities of the city, city and county, or county provided by law. (Amended by Stats. 1979, Ch. 1131.)
  152. 19168.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. )

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    This article does not apply to certain buildings and structures covered by specified other code provisions, including some state-owned buildings and structures.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Earthquake Hazardous Building Reconstruction [19160 - 19168] ( Article 4 added by Stats. 1979, Ch. 510. ) ## 19168. Nothing in this article shall apply to those buildings and structures governed by the provisions of Chapter 1 (commencing with Section 15000) of Division 12.5 of this code or Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 of the Education Code or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of the Education Code or any state-owned buildings or structures located in any city, city and county, or county. (Added by Stats. 1979, Ch. 510.)
  153. 19170.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Violations [19170- 19170.] ( Heading of Article 5 renumbered from Article 4 by Stats. 1979, Ch. 510. )

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    Any person who violates, causes, or permits a violation of any provision of this chapter is guilty of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Violations [19170- 19170.] ( Heading of Article 5 renumbered from Article 4 by Stats. 1979, Ch. 510. ) ## 19170. Any person who violates, or causes or permits another person to violate, any provision of this chapter is guilty of a misdemeanor. (Amended by Stats. 1941, Ch. 301.)
  154. 19180.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. )

    Verify source ↗

    The section says earthquakes are a serious risk and states that local governments should be authorized to require earthquake-sensitive gas shutoff devices in buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. ) ## 19180. The Legislature finds and declares that: (a) It is generally accepted that various areas of the state will experience moderate and severe earthquakes in the foreseeable future. (b) A serious threat to life and property resulting from these earthquakes is the threat of fire resulting from earthquake damage. (c) In order to mitigate, as much as possible, the effects of a major earthquake, including fire resulting from an earthquake, local governments should be authorized to adopt ordinances requiring installation of earthquake sensitive gas shutoff devices in buildings. (Amended by Stats. 1996, Ch. 152, Sec. 1. Effective July 12, 1996.)
  155. 19181.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. )

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    A city, county, or city and county governing body may adopt an ordinance requiring earthquake-sensitive gas shutoff devices in buildings open to the public.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. ) ## 19181. Notwithstanding any other provision of law, the governing body of any city, county, or city and county may enact an ordinance requiring the installation of earthquake sensitive gas shutoff devices in buildings open to the public. Any ordinance adopted pursuant to this section shall conform to standards adopted by the State Architect pursuant to Section 19182. (Amended by Stats. 1996, Ch. 152, Sec. 2. Effective July 12, 1996.)
  156. 19182.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. )

    Verify source ↗

    The State Architect must adopt standards for earthquake-sensitive gas shutoff devices installed in buildings.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. ) ## 19182. (a) The State Architect shall adopt standards governing earthquake sensitive gas shutoff devices for installation in buildings. These standards shall reasonably provide for convenient installation and maintenance of gas shutoff devices, as well as maintaining the safety of persons occupying buildings equipped with such devices. (b) In adopting standards pursuant to this section, the State Architect shall consider standards for such devices developed by the Z-21 American National Standards Committee and the comments or suggestions from various public utilities. (Amended by Stats. 1996, Ch. 152, Sec. 3. Effective July 12, 1996.)
  157. 19183.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. )

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    Manufacturers covered by this section must first obtain certification for the device.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 6. Seismic Gas Shutoff [19180 - 19183] ( Article 6 added by Stats. 1980, Ch. 971. ) ## 19183. Manufacturers of earthquake sensitive gas shutoff devices or other devices required by an ordinance adopted pursuant to Section 19182 shall first obtain certification, pursuant to Article 7 (commencing with Section 19200), that the device meets the standards established pursuant to Section 19182. (Amended by Stats. 1997, Ch. 17, Sec. 65. Effective January 1, 1998.)
  158. 19210.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    This section states the safety purpose behind water-heater strapping rules and says compliance with Section 19211 should not displace existing households.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19210. (a) The Legislature finds and declares that there exists a serious threat of fire, explosion, or electrocution to the people of California from water heaters that overturn or experience damage to the plumbing or electrical wiring during an earthquake, and that a large number of structures will suffer damage from water heaters due to the lack of adequate strapping or bracing. (b) The Legislature further finds and declares that it is the goal of the State of California to reduce earthquake hazards in this state. (c) The Legislature further finds and declares that the original state policy goal of having all water heaters strapped or properly anchored by the year 2000 has not been achieved, thereby exposing the residents of California to a continuing serious risk of injury or damage from water heaters overturned or demolished during earthquakes. (d) The Legislature further finds and declares that occupants of rental housing in this state are vulnerable to the threat of fire, explosion, or electrocution from water heaters that overturn or experience damage during an earthquake, and are not authorized to strap, brace, or anchor water heaters in their units without the owner’s advance approval, thus exposing them to hazardous conditions that they cannot mitigate. (e) It is the intent of the Legislature that compliance with Section 19211 shall not result in the displacement of existing households. (Amended by Stats. 2003, Ch. 581, Sec. 1. Effective January 1, 2004.)
  159. 19211.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    Water heaters must be braced, anchored, or strapped for earthquake resistance, and sellers must certify compliance to buyers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19211. (a) Notwithstanding Section 19100, all new and replacement water heaters, and all existing residential water heaters, shall be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion. At a minimum, any water heater shall be secured in accordance with the California Plumbing Code, or modifications made thereto by a city, county, or city and county pursuant to Section 17958.5. (b) The seller of any real property containing a water heater shall certify to the prospective purchaser that this section has been complied with. This certification shall be made in writing, and may be included in existing transactional documents, including, but not limited to, the Homeowner’s Guide to Earthquake Safety published pursuant to Section 10149 of the Business and Professions Code, a real estate sales contract or receipt for deposit, or a transfer disclosure statement pursuant to Section 1102.6 or 1102.6a of the Civil Code. (c) An owner of a residential rental property shall not evict any person on the basis that the eviction is required in order to comply with this section. (d) For the purposes of subdivision (a), “water heater” means any standard water heater with a capacity of not more than 120 gallons for which a preengineered strapping kit is readily available. (e) Notwithstanding Section 669 of the Evidence Code, the failure of any person to comply with this section shall not create a presumption of a failure by that person to exercise due care. (f) Any building or portion thereof, including any dwelling unit, guestroom, suite of rooms, or portions thereof, or the premises on which it is located is deemed to be a nuisance if it is in violation of this section. The owner or the owner’s agent shall have the right to correct any violation of subdivision (a) pursuant to Section 17980. (Amended by Stats. 2003, Ch. 581, Sec. 2. Effective January 1, 2004.)
  160. 19212.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    Manufacturers of water heaters for sale in California on or after July 1, 1991 must add a safety statement to the installation instructions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19212. All water heaters manufactured for sale in California on or after July 1, 1991, shall include a statement in the installation instructions that water heater units must be braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion. The instructions provided by the manufacturer may include a reproduction of the generic installation instructions and standard details as prepared by the Division of the State Architect in accordance with Section 19215. (Amended by Stats. 2003, Ch. 581, Sec. 3. Effective January 1, 2004.)
  161. 19213.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    Manufacturers must add earthquake warning language to the front instruction label on water heaters.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19213. Manufacturers shall add language to their instruction label on the front of the water heater that discloses the danger of falling or horizontal displacement due to an earthquake. The label shall contain the following language: WARNING: THIS WATER HEATER MUST BE BRACED, ANCHORED, OR STRAPPED TO AVOID FALLING OR MOVING DURING AN EARTHQUAKE. SEE INSTRUCTIONS FOR CORRECT INSTALLATION PROCEDURES. (Amended by Stats. 2003, Ch. 581, Sec. 4. Effective January 1, 2004.)
  162. 19214.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    If a person violates Section 19212 or 19213, that violation is treated as a violation of a Business and Professions Code provision.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19214. Any person who violates Section 19212 or 19213 shall be deemed to have violated a provision of Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (Added by Stats. 1989, Ch. 951, Sec. 1.)
  163. 19215.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    The Division of the State Architect must prepare generic water-heater installation instructions and make them available for reproduction to manufacturers and appliance retailers.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19215. The Division of the State Architect shall prepare generic installation instructions with standard details illustrating the strapping, bracing, and anchoring of water heaters for typical installations in single-family homes that comply with the requirements of the model codes. These details shall be made available for reproduction to manufacturers and appliance retailers at a cost to cover the state’s cost to prepare the details, and respond to requests. (Amended by Stats. 2003, Ch. 581, Sec. 5. Effective January 1, 2004.)
  164. 19216.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    A retailer may give the consumer generic water-heater installation instructions at the point of sale if they use standard details approved by the Division of the State Architect.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19216. At the point of sale, the retailer may provide the consumer with generic installation instructions with standard details approved by the Division of the State Architect. If provided, these generic instructions are intended to be provided to the consumer as a guide, and are not intended to supersede local codes. The retailer and manufacturer are deemed not to be liable for the generic instructions provided to consumers as long as these have been approved by the Division of the State Architect, as complying with the requirements of the model code in force on the date of approval. (Amended by Stats. 2003, Ch. 581, Sec. 6. Effective January 1, 2004.)
  165. 19217.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. )

    Verify source ↗

    The Public Utilities Commission must direct investor-owned gas and electrical utilities to develop an earthquake-safety educational program about bracing, anchoring, and strapping water heaters.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Earthquake Protection [19100 - 19217] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 8. Water Heater Strapping and Installation [19210 - 19217] ( Article 8 added by Stats. 1989, Ch. 951, Sec. 1. ) ## 19217. The Public Utilities Commission shall direct the investor owned gas and electrical utilities, not later than January 1, 1991, to develop an educational program for bracing, anchoring, and strapping water heaters to resist falling or horizontal displacement due to earthquakes. (Added by Stats. 1989, Ch. 951, Sec. 1.)
  166. 19300.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Automated External Defibrillators [19300- 19300.] ( Chapter 3 added by Stats. 2015, Ch. 449, Sec. 1. )

    Verify source ↗

    Certain occupied buildings must have an AED on the premises, subject to specified requirements and exceptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Automated External Defibrillators [19300- 19300.] ( Chapter 3 added by Stats. 2015, Ch. 449, Sec. 1. ) ## 19300. (a) This chapter applies to all of the following structures, as defined in Chapter 3 (commencing with Section 301.1) of Part 2, the California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2017, or are constructed prior to January 1, 2017, and modified, renovated, or tenant improved, as described in subdivision (b), subsequent to that date: (1) Group A assembly buildings with an occupancy of greater than 300. (2) Group B business buildings with an occupancy of 200 or more. (3) Group E educational buildings with an occupancy of 200 or more. (4) Group F factory buildings with an occupancy of 200 or more. (5) Group I institutional buildings with an occupancy of 200 or more. (6) Group M mercantile buildings with an occupancy of 200 or more. (7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units. (b) A structure shall be considered modified, renovated, or tenant improved for purposes of subdivision (a) if the structure is subject to any of the following on or after January 1, 2020: (1) One hundred thousand dollars ($100,000) of tenant improvements in one calendar year. (2) One hundred thousand dollars ($100,000) of building renovations in one calendar year. (3) Any tenant improvement for places of assembly, including auditoriums and performing arts and movie theaters. (c) A structure described in subdivision (a) or (b) that is an occupied structure shall have an automated external defibrillator (AED) on the premises subject to the requirements in Section 1797.196. A person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196. (d) (1) This chapter shall not apply to a structure in subdivision (a) or (b) that is owned or operated by any local government entity. (2) This chapter shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code. (e) If there is an existing AED in the common area of the structure, the requirements of this section are met without the installation of another AED. (f) Except for structures specified in subdivision (b), this chapter shall not be construed to apply to a structure that is vacant or under construction or renovation. (Amended by Stats. 2018, Ch. 1014, Sec. 1. (SB 1397) Effective January 1, 2019.)
  167. 19305.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. )

    Verify source ↗

    This section defines “trauma kit” and says what items it must include.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. ) ## 19305. (a) For purposes of this section, “trauma kit” means a first aid response kit that contains at least all of the following: (1) One tourniquet endorsed by the Committee on Tactical Combat Casualty Care. (2) One bleeding control bandage. (3) One pair of nonlatex protective gloves and a marker. (4) One pair of scissors. (5) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense. (b) Medical materials and equipment similar to those described in paragraphs (1) to (4), inclusive, of subdivision (a) and any additional items that are approved by the medical director of the local emergency medical services agency may be included as supplements in addition to the items described in paragraphs (1) to (4), inclusive, of subdivision (a) if they adequately treat a traumatic injury and can be stored in a readily available kit. (Added by Stats. 2022, Ch. 586, Sec. 3. (AB 2260) Effective January 1, 2023.)
  168. 19307.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. )

    Verify source ↗

    A trauma kit supplier must give the buyer all information about using and maintaining the kit.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. ) ## 19307. In order to ensure public safety, a person or entity that supplies a trauma kit shall provide the person or entity that acquires the trauma kit with all information governing the use and maintenance of the trauma kit. (Added by Stats. 2022, Ch. 586, Sec. 3. (AB 2260) Effective January 1, 2023.)
  169. 19310.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. )

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    This section requires covered occupied buildings and facilities to install and maintain trauma kits, and to notify tenants about their location and training contacts.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Trauma Kits [19305 - 19310] ( Chapter 4 added by Stats. 2022, Ch. 586, Sec. 3. ) ## 19310. (a) This chapter applies to all of the following structures, as defined in Chapter 3 of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), that are constructed on or after January 1, 2023, or are constructed prior to January 1, 2023, and modified, renovated, or tenant improved, as described in subdivision (b), subsequent to that date: (1) Group A assembly buildings with an occupancy of greater than 300. (2) Group B business buildings with an occupancy of 200 or more. (3) Group E educational buildings with an occupancy of 200 or more. (4) Group F factory buildings with an occupancy of 200 or more. (5) Group I institutional buildings with an occupancy of 200 or more. (6) Group M mercantile buildings with an occupancy of 200 or more. (7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units. (b) A structure shall be considered modified, renovated, or tenant improved for purposes of subdivision (a) if the structure is subject to any of the following on or after January 1, 2024: (1) One hundred thousand dollars ($100,000) of tenant improvements in one calendar year. (2) One hundred thousand dollars ($100,000) of building renovations in one calendar year. (3) Any tenant improvement for places of assembly, including auditoriums and performing arts and movie theaters. (c) (1) This chapter also applies to a structure listed in subdivision (a) or (b) that is owned or operated by a local governmental entity. (2) This chapter does not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250. (3) Except for structures specified in subdivision (b), this chapter does not apply to a structure that is vacant or vacant during construction or renovation. (4) This chapter does not apply to Department of Corrections and Rehabilitation facilities if placement poses a safety or security concern. (d) (1) A person or entity that complies with subdivision (e) is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of a trauma kit. (2) A property managing entity is not liable for any civil damages resulting from the failure, improper operation, or malfunction of equipment or materials within a properly stocked trauma kit. (e) In order to ensure public safety, the person or entity responsible for managing the building, facility, and tenants of any structure described in subdivision (a) or (b) that is an occupied structure shall do all of the following: (1) Acquire and place at least six trauma kits on the premises of the building or facility in an easily accessible and recognizable container located next to an automated external defibrillator (AED) as required by Section 19300. (2) Inspect all trauma kits acquired and placed on the premises of a building or structure every three years from the date of installation to ensure that all materials, supplies, and equipment contained in the trauma kit are not expired, and replace any expired or missing materials, supplies, and equipment as necessary. (3) If a property managing entity or person is aware, or reasonably should be aware, that a trauma kit has been used, they shall restock the trauma kit after each use and replace any materials, supplies, and equipment as necessary to ensure that all materials, supplies, and equipment required to be contained in the trauma kit are contained in the trauma kit. (4) At least once per year, notify tenants of the building or structure of the location of the trauma kits and provide information to tenants regarding contact information for training in the use of the trauma kit. For purposes of complying with this notification requirement, property managers may direct tenants to the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense or reputable providers. The property manager is only required to identify one potential source of training, but may choose to identify multiple sources of training. (f) For the purposes of this section, a “local EMS agency” means an agency described in Section 1797.200. (Amended (as added by Stats. 2022, Ch. 586) by Stats. 2023, Ch. 515, Sec. 1. (AB 70) Effective January 1, 2024.)
  170. 19800.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Refrigerants and Refrigeration Plants [19800- 19800.] ( Chapter 7 added by Stats. 1941, Ch. 987. )

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    Refrigeration manufacturers and installation companies must label refrigerators and refrigeration plants with the type of refrigerant used; certain larger, hard-to-move refrigerators must also have their control and diffusion valves labeled for emergency shutoff.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 7. Refrigerants and Refrigeration Plants [19800- 19800.] ( Chapter 7 added by Stats. 1941, Ch. 987. ) ## 19800. Refrigeration manufacturers shall hereafter on each mechanical refrigerator and refrigeration plant which they manufacture and installation companies shall on each refrigeration plant which they install place a label designating the type of refrigerant the unit uses and, if the refrigerator has a refrigerating unit which contains more than 20 pounds of refrigerant and is of a type which can not readily be transported without disconnecting the piping or other part thereof containing refrigerant, shall label the control and diffusion valves of the unit, if any, so that any person in case of emergency will be able to turn off or shut down the plant or refrigerator quickly and expeditiously. Each violation of this section is a misdemeanor. (Added by Stats. 1941, Ch. 987.)
  171. 19810.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    This section defines “article,” “vendor,” and “inflammable article,” and gives the State Fire Marshal power to research, test, and administer the chapter to prevent fire risks and injury hazards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19810. (a) “Article” as used in this chapter means and includes any article of wearing apparel, cloth, drapery or other fabric or material made from or containing any natural or synthetic fiber. (b) “Vendor” as used in this chapter means any individual, firm or corporation engaged in the manufacture for sale or the sale of articles as herein defined. (c) “Inflammable article” as used in this chapter is any article made from or containing natural or synthetic fiber and determined by the Fire Marshal to be so highly inflammable as to constitute a dangerous risk of fire and hazard of injury to persons and property, taking into consideration the use or uses for which the article is made and designed to serve. (d) It has recently come to notice that of the various natural or synthetic fibers adapted and adaptable for use in the making of articles, as herein defined, some are so inflammable as to constitute a dangerous risk of fire and hazard of injury to persons and property. Provision should be made for the avoidance of such risks and hazards by preventing the use of such highly inflammable fibers. It is not feasible by statute to prescribe more specific tests than those herein prescribed, for it would appear that none such have yet been fully developed. It is necessary, therefore, to commit to the State Fire Marshal the conduct of research in these matters, the development of tests for these materials, and the administration of the provisions of this chapter for the prevention of the risks and the avoidance of the hazards described. (Amended by Stats. 1947, Ch. 793.)
  172. 19811.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    The State Fire Marshal or a Deputy State Fire Marshal may enter a vendor’s premises during business hours to check for inflammable articles and may take articles or samples for analysis.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19811. The Fire Marshal of the State of California or any Deputy State Fire Marshal has right of access to the premises of any vendor during business hours for the purpose of determining whether inflammable articles are being manufactured or offered for sale therein and may take either an entire article or samples thereof in such quantities as may be necessary for analysis. (Repealed and added by Stats. 1945, Ch. 728.)
  173. 19812.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    The Fire Marshal must test any article or sample taken under Section 19811 and decide whether it is an inflammable article.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19812. Any article or samples taken under the provisions of Section 19811 hereof shall be subjected to tests by the Fire Marshal and determination made by him as to whether or not the article or samples are inflammable articles as defined in Section 19810. (Added by Stats. 1945, Ch. 728.)
  174. 19813.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    The State Fire Marshal may issue rules for inflammable articles, and must mail copies of those rules and any amendments to vendors and trade associations that ask for notice in writing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19813. The State Fire Marshal may make such rules and regulations relating to inflammable articles as defined in Section 19810 as may reasonably be necessary to effectuate the purposes of this act and prevent the risk of fire and avoid the hazards of injury to life and property in this chapter described. He shall mail copies of all rules and regulations and amendments thereto to all vendors and trade associations filing a written request for such notification with him. (Added by Stats. 1945, Ch. 728.)
  175. 19814.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    The State Fire Marshal or a deputy may seize inflammable articles held by a vendor if they violate the Fire Marshal’s rules, and the State Fire Marshal may later destroy seized articles after the stated waiting period.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19814. Any inflammable article in the possession of any vendor in violation of the rules or regulations of the State Fire Marshal shall be subject to seizure by the State Fire Marshal or any Deputy State Fire Marshal. Any inflammable article seized under this section may be disposed of by the State Fire Marshal by summary destruction at any time subsequent to 30 days from such seizure or 10 days from the final termination of proceedings under the provision of Section 19815, whichever is the later. (Added by Stats. 1945, Ch. 728.)
  176. 19815.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    A vendor whose property was seized may ask the State Fire Marshal to return it within 10 days, and the Fire Marshal must consider the petition within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19815. Any vendor whose property is seized under the provisions of Section 19814 may within 10 days after such seizure petition the State Fire Marshal to return the property seized upon the ground that such property was illegally or erroneously seized. Any petition filed hereunder shall be considered by the State Fire Marshal within 60 days after filing and an oral hearing granted the petitioner if requested. Notice of the decision of the Fire Marshal shall be served upon the petitioner. The Fire Marshal may order the property seized under this act disposed of or returned to the petitioner if illegally or erroneously seized. The determination of the Fire Marshal is final unless within 60 days an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the property seized by the Fire Marshal. (Added by Stats. 1945, Ch. 728.)
  177. 19816.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    A vendor who knowingly and willfully breaks Fire Marshal rules or regulations about inflammable articles commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19816. Any vendor who knowingly and wilfully violates any rule or regulation of the Fire Marshal relating to inflammable articles shall be guilty of a misdemeanor. (Added by Stats. 1945, Ch. 728.)
  178. 19817.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    No person may make, sell, exchange, or offer for sale or exchange certain eyeglass or sunglass frames made of cellulose nitrate or similar highly flammable material.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19817. No person may manufacture, sell, or exchange, possess with intent to sell or exchange, or expose or offer for sale or exchange any eyeglass or sunglass frame made of cellulose nitrate or any other material whose flammability characteristics approximate those of cellulose nitrate. Any such frame is an inflammable article. (Added by Stats. 1970, Ch. 317.)
  179. 19818.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. )

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    The State Fire Marshal must adopt flammability standards and regulations for certain fabric and fabric-like materials used in specified hospital and care-facility items.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8. Inflammable or Explosive Materials [19810 - 19818] ( Chapter 8 added by Stats. 1945, Ch. 20. ) ## 19818. The State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare and adopt such flammability standards and promulgate such regulations, relating to the use of fabric and fabric-like materials in items including, but not limited to, examination gowns, sleepwear, sheets, and pillowcases, used in acute general hospitals and acute psychiatric hospitals, other than in hospital operating rooms, or in skilled nursing facilities and intermediate care facilities in the state as he deems necessary for the protection of the public interest. Such regulations shall become operative January 1, 1976. Any violation of the regulations promulgated by the State Fire Marshal pursuant to this section shall be a misdemeanor. (Added by Stats. 1974, Ch. 1211.)
  180. 19820.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8.5. Children’s Clothing [19820 - 19821] ( Chapter 8.5 added by Stats. 1978, Ch. 380. )

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    Sellers may not offer for sale new children's sleepwear up to size 14 unless it meets the required federal flammability standards; the State Fire Marshal must issue related flammability regulations for certain other children's clothing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8.5. Children’s Clothing [19820 - 19821] ( Chapter 8.5 added by Stats. 1978, Ch. 380. ) ## 19820. (a) No person shall sell, or offer for sale, new children’s sleepwear to and including size 14 which does not meet federal flammability standards for children’s sleepwear to and including size 6X, and such other standards as may from time to time be adopted by the federal government. The requirements prescribed by this chapter shall be in addition to those prescribed by Chapter 8 (commencing with Section 19810). (b) Violation of subdivision (a) is a misdemeanor. (c) The State Fire Marshal shall promulgate, in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340 of the Government Code), flammability regulations covering such other articles of new children’s clothing to and including size 14 as it shall determine to be in the public interest. (d) Violation of any rule or regulation promulgated pursuant to subdivision (c) is a misdemeanor. (Amended by Stats. 1983, Ch. 142, Sec. 71.)
  181. 19821.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8.5. Children’s Clothing [19820 - 19821] ( Chapter 8.5 added by Stats. 1978, Ch. 380. )

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    The State Fire Marshal must adopt regulations banning Tris in all clothing and work with the Department of Consumer Affairs to give consumers information on identifying clothing treated with Tris or certain other hazardous flame-retardant chemicals.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 8.5. Children’s Clothing [19820 - 19821] ( Chapter 8.5 added by Stats. 1978, Ch. 380. ) ## 19821. The Legislature finds and declares that results from recent research and testing by the federal government indicate the chemical tris (2, 3-dibromopropyl) phosphate, hereafter referred to as “Tris,” which is widely used in children’s sleepwear as a flame retardant, may be a cancer-causing agent. The State Fire Marshal shall adopt regulations prohibiting the use of Tris in all clothing. The State Fire Marshal, in conjunction with the Department of Consumer Affairs, shall prepare and disseminate information to consumers on how to identify clothing, including children’s clothing subject to the provisions of Section 19820, which has been treated with Tris or any other flame-retardant chemicals used in the manufacture of consumer products which a state or federal agency has determined under state or federal law to be a health hazard of sufficient magnitude to warrant prohibition of their manufacture or sale. (Added by Stats. 1978, Ch. 380.)
  182. 19825.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    Local permit authorities must use a prescribed owner-builder permit application and related notice forms, collect proof of property owner identity/signature when needed, and cannot issue the permit until the owner completes and returns the required notice.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19825. (a) Every city, county, or city and county, whether general law or chartered, that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, shall require the execution of a permit application, in substantially the same form set forth under this subdivision, and require any individual who executes the Owner-Builder Declaration to present documentation sufficient to identify the property owner and, as necessary, verify the signature of the property owner. A city, county, or city and county may require additional information on the permit application. PERMIT APPLICATION BUILDING PROJECT IDENTIFICATION Applicant’s Mailing Address Property Location or Address Property Owner’s Name Property Owner’s Telephone No. Licensed Design Professional (Architect or Engineer) in charge of the project Mailing Address of Licensed Design Professional License No. LICENSED CONTRACTOR’S DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. License Class License No. Date Contractor Signature OWNER-BUILDER DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractors’ State License Law for the reason(s) indicated below by the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).): (_)I, as owner of the property, or my employees with wages as their sole compensation, will do (_) all of or (_) portions of the work, and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors’ State License Law does not apply to an owner of property who, through employees’ or personal effort, builds or improves the property, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.). (_) I, as owner of the property, am exclusively contracting with licensed Contractors to construct the project (Section 7044, Business and Professions Code: The Contractors’ State License Law does not apply to an owner of property who builds or improves thereon, and who contracts for the projects with a licensed Contractor pursuant to the Contractors’ State License Law.). (_) I am exempt from licensure under the Contractors’ State License Law for the following reason: By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner-builder if it has not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the Business and Professions Code, is available upon request when this application is submitted or at the following Web site: http://www.leginfo.ca.gov/calaw.html. Date Signature of Property Owner or Authorized Agent WORKERS’ COMPENSATION DECLARATION WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. I hereby affirm under penalty of perjury one of the following declarations: ____ I have and will maintain a certificate of consent to self-insure for workers’ compensation, issued by the Director of Industrial Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued.Policy No. ____ I have and will maintain workers’ compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My workers’ compensation insurance carrier and policy number are: CarrierPolicy Number Expiration DateName of Agent Phone # ____ I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers’ compensation laws of California, and agree that, if I should become subject to the workers’ compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. Signature of Applicant _____ _____ Date _____ DECLARATION REGARDING CONSTRUCTION LENDING AGENCY I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Section 8172, Civil Code). Lender’s Name Branch Designation Lender’s Address By my signature below, I certify to each of the following: I am the property owner or authorized to act on the property owner’s behalf. I have read this application and the information I have provided is correct. I agree to comply with all applicable city and county ordinances and state laws relating to building construction. I authorize representatives of this city or county to enter the above-identified property for inspection purposes. Signature of Property Owner or Authorized Agent Date ____________________________ (b) When the Permit Application and the Owner-Builder Declaration have been executed by a person other than the property owner, prior to issuing the permit, the following shall be completed by the property owner and returned to the agency responsible for issuing the permit: AUTHORIZATION OF AGENT TO ACT ON PROPERTY OWNER’S BEHALF Excluding the Notice to Property Owner, the execution of which I understand is my personal responsibility, I hereby authorize the following person(s) to act as my agent(s) to apply for, sign, and file the documents necessary to obtain an Owner-Builder Permit for my project. Scope of Construction Project (or Description of Work):Project Location or Address: Name of Authorized Agent: Address of Authorized Agent: Phone Number of Authorized Agent: I declare under penalty of perjury that I am the property owner for the address listed above and I personally filled out the above information and certify its accuracy. Property Owner’s Signature: Date: Note: A copy of the owner’s driver’s license, form notarization, or other verification acceptable to the agency is required to be presented when the permit is issued to verify the property owner’s signature. (c) When the Owner-Builder Declaration required under subdivision (a) is executed, a Notice to Property Owner also shall be executed by the property owner in substantially the same form set forth under this section. The Notice to Property Owner shall appear on the official letterhead of the issuer and shall be provided to the applicant by one of the following methods chosen by the permitting authority: regular mail, electronic format, or given directly to the applicant at the time the application for the permit is made. Except as otherwise provided, the Notice to Property Owner pursuant to this section shall be completed and signed by the property owner and returned prior to issuance of the permit. An agent of the owner shall not execute this notice unless the property owner obtains the prior approval of the permitting authority. A permit shall not be issued unless the property owner complies with this section. NOTICE TO PROPERTY OWNER Dear Property Owner: An application for a building permit has been submitted in your name listing yourself as the builder of the property improvements specified at _______________. We are providing you with an Owner-Builder Acknowledgment and Information Verification Form to make you aware of your responsibilities and possible risk you may incur by having this permit issued in your name as the Owner-Builder. We will not issue a building permit until you have read, initialed your understanding of each provision, signed, and returned this form to us at our official address indicated. An agent of the owner cannot execute this notice unless you, the property owner, obtain the prior approval of the permitting authority. OWNER’S ACKNOWLEDGMENT AND VERIFICATION OF INFORMATION DIRECTIONS: Read and initial each statement below to signify you understand or verify this information. ____1. I understand a frequent practice of unlicensed persons is to have the property owner obtain an “Owner-Builder” building permit that erroneously implies that the property owner is providing his or her own labor and material personally. I, as an Owner-Builder, may be held liable and subject to serious financial risk for any injuries sustained by an unlicensed person and his or her employees while working on my property. My homeowner’s insurance may not provide coverage for those injuries. I am willfully acting as an Owner-Builder and am aware of the limits of my insurance coverage for injuries to workers on my property. ____2. I understand building permits are not required to be signed by property owners unless they are responsible for the construction and are not hiring a licensed Contractor to assume this responsibility. ____3. I understand as an “Owner-Builder” I am the responsible party of record on the permit. I understand that I may protect myself from potential financial risk by hiring a licensed Contractor and having the permit filed in his or her name instead of my own. ____4. I understand Contractors are required by law to be licensed and bonded in California and to list their license numbers on permits and contracts. ____5. I understand if I employ or otherwise engage any persons, other than California licensed Contractors, and the total value of my construction is at least five hundred dollars ($500), including labor and materials, I may be considered an “employer” under state and federal law. ____6. I understand if I am considered an “employer” under state and federal law, I must register with the state and federal government, withhold payroll taxes, provide workers’ compensation disability insurance, and contribute to unemployment compensation for each “employee.” I also understand my failure to abide by these laws may subject me to serious financial risk. ____7. I understand under California Contractors’ State License Law, an Owner-Builder who builds single-family residential structures cannot legally build them with the intent to offer them for sale, unless all work is performed by licensed subcontractors and the number of structures does not exceed four within any calendar year, or all of the work is performed under contract with a licensed general building Contractor. ____8. I understand as an Owner-Builder if I sell the property for which this permit is issued, I may be held liable for any financial or personal injuries sustained by any subsequent owner(s) that result from any latent construction defects in the workmanship or materials. ____9. I understand I may obtain more information regarding my obligations as an “employer” from the Internal Revenue Service, the United States Small Business Administration, the California Department of Benefit Payments, and the California Division of Industrial Accidents. I also understand I may contact the California Contractors’ State License Board (CSLB) at 1-800-321-CSLB (2752) or www.cslb.ca.gov for more information about licensed contractors. ____10. I am aware of and consent to an Owner-Builder building permit applied for in my name, and understand that I am the party legally and financially responsible for proposed construction activity at the following address: ____11. I agree that, as the party legally and financially responsible for this proposed construction activity, I will abide by all applicable laws and requirements that govern Owner-Builders as well as employers. ____ 12. I agree to notify the issuer of this form immediately of any additions, deletions, or changes to any of the information I have provided on this form. Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license, the Contractors’ State License Board may be unable to assist you with any financial loss you may sustain as a result of a complaint. Your only remedy against unlicensed Contractors may be in civil court. It is also important for you to understand that if an unlicensed Contractor or employee of that individual or firm is injured while working on your property, you may be held liable for damages. If you obtain a permit as Owner-Builder and wish to hire Contractors, you will be responsible for verifying whether or not those Contractors are properly licensed and the status of their workers’ compensation insurance coverage. Before a building permit can be issued, this form must be completed and signed by the property owner and returned to the agency responsible for issuing the permit. Note: A copy of the property owner’s driver’s license, form notarization, or other verification acceptable to the agency is required to be presented when the permit is issued to verify the property owner’s signature. Signature of Property Owner Date: (Amended by Stats. 2010, Ch. 697, Sec. 39. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  183. 19826.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    Cities and counties may not issue a building permit unless the required declarations are properly executed, and they may require permit copies to be sent to the county assessor within 15 days of issuance.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19826. (a) No city or county, whether general law or chartered, shall issue a building permit which does not contain all applicable declarations required by Section 19825 properly executed by the owner, applicant, contractor, or agent of the owner, contractor, or applicant. The properly executed declarations shall be a condition for issuance of the building permit. A properly executed declaration may include a declaration signed and transmitted by facsimile or other electronic means. However, no city or county or its employees shall be responsible for determining the truth or accuracy of the declarations, and no monetary liability on the part of, and no cause of action for damages against them, shall arise from their failure to verify the truth or accuracy of the declarations. (b) A city or county may require that within 15 days of issuance, the issuing agency of the city or county deliver copies of all building permits to the assessor of the county. (c) For purposes of this section, an “application for a building permit” shall be construed as a “transaction” and all declarations required shall be construed as “records” under Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. (Amended by Stats. 2000, Ch. 49, Sec. 1. Effective January 1, 2001.)
  184. 19826.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    A city or county may require its building-permit agency to notify the county assessor of a final inspection within 15 calendar days.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19826.5. A city or county may require that the agency of such city or county issuing a building permit inform the assessor of the county of issuance of the final inspection of a property for which a permit has been issued within 15 calendar days of conducting a final inspection. (Added by Stats. 1982, Ch. 728, Sec. 3.)
  185. 19827.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    This section says the Legislature wants building contractors to comply with license and workers’ compensation laws, and says owner-builders should be informed and protected when improving their property.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19827. (a) The Legislature hereby finds and declares that there is an urgent and statewide public interest in assuring that building contractors comply with the Contractors License Law (Chapter 9 (commencing with Section 7000), Division 3, Business and Professions Code) and provisions of law relating to Workers’ Compensation Insurance for building construction, that property owners are informed about, and protected from, fraudulent representations, liability for worker’s injuries, liability for material and labor costs unpaid by contractors, licensing requirements, and employer’s tax liabilities when improving their property as owner-builders, and that uniformity of enforcement necessitates that the provisions of this chapter apply uniformly statewide. (b) This article shall become operative on July 1, 1980. (Amended by Stats. 1979, Ch. 976.)
  186. 19827.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    A demolition permit cannot be issued unless the agency receives the required asbestos notification copy, unless the applicant states the notification does not apply.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19827.5. A demolition permit shall not be issued by any city, county, city and county, or state or local agency which is authorized to issue demolition permits as to any building or other structure except upon the receipt from the permit applicant of a copy of each written asbestos notification regarding the building that has been required to be submitted to the United States Environmental Protection Agency or to a designated state agency, or both, pursuant to Part 61 of Title 40 of the Code of Federal Regulations, or the successor to that part. The permit may be issued without the applicant submitting a copy of the written notification if the applicant declares that the notification is not applicable to the scheduled demolition project. The permitting agency may require the applicant to make the declaration in writing, or it may incorporate the applicant’s response on the demolition permit application. Compliance with this section shall not be deemed to supersede any requirement of federal law. (Added by Stats. 1990, Ch. 418, Sec. 1.)
  187. 19828.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    Certain local governments may issue a building permit before a map is recorded if the map’s conditions have been fulfilled and the map may be recorded.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19828. Any city, county, or city and county, which requires the issuance of a permit as a condition precedent to the construction alteration, improvement, demolition, or repair of any building or structure may, if it is satisfied that all conditions of the final or parcel map have been fulfilled, and the map may be recorded, issue a building permit for construction on a parcel created by the map before the recordation of the map pursuant to Article 6 (commencing with Section 66464) of Chapter 3 of Division 2 of Title 7 of the Government Code. (Added by Stats. 1981, Ch. 365.)
  188. 19829.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. )

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    This section keeps certain county building permits valid after a city incorporates or annexes territory, and lets the city extend or enforce the permit rules in some cases.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 1. Contents [19825 - 19829] ( Heading of Article 1 added by Stats. 1979, Ch. 976. ) ## 19829. (a) Notwithstanding Section 35441 of the Government Code, if an application for a building permit is filed with a county prior to the vote on the incorporation of a new city, and a building permit is subsequently issued by the county prior to the effective date of the incorporation, and the property for which the building permit was issued is within the newly incorporated city limits, the building permit shall remain valid for a period of 180 days from the date of issuance of the building permit. If a local ordinance enacted by a county prior to the date of the incorporation vote provides that building permits are valid for a shorter or longer period than 180 days from the date of issuance, or the county ordinance authorizes the extension of those building permits, that local ordinance applies to any building permit applied for prior to the date of the incorporation vote. If the effective date of the incorporation is more than 90 days after the incorporation vote, the county may receive applications for, and issue, building permits for construction on property to be included within the corporate boundaries of the newly incorporated city. These building permits shall remain valid for a period of 180 days from the date of issuance. (b) A building permit issued by a county for construction on real property subsequently annexed to a city shall remain valid for the life of the building permit, as issued. This subdivision does not apply to any city which has, by ordinance, expressly made this subdivision inapplicable to territory annexed to that city, unless the city initiated the annexation. (c) The city of which the affected territory became a part may extend the life of a building permit as provided by this section. The city of which the affected territory became a part shall be responsible for the continuing enforcement of the county ordinance. (d) All rights accorded the permittee by a building permit affected by this section may be exercised by the permittee or the successor in interest thereto in accordance with the applicable rules, regulations, and ordinances of the issuing agency which were in effect at the time the building permit was issued. (e) This section does not apply to any incorporation or annexation which became effective prior to January 1, 1985. (f) The section does not apply to any building permit which is suspended or revoked pursuant to any moratorium ordinance, or extension thereof, adopted under Section 65858 of the Government Code prior to the effective date of this section enacted at the 1991 portion of the 1991–92 Regular Session. (Added by Stats. 1991, Ch. 348, Sec. 1. Effective August 30, 1991.)
  189. 19835.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. )

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    A building permit applicant may use certain types of security if a local ordinance requires or authorizes security for a permit condition.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. ) ## 19835. Whenever a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement required as a condition for the issuance of a building permit, the building permit applicant may provide any of the following as such security: (a) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys. (b) An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment or a letter of credit issued by such a financial institution. (c) Bond or bonds by one or more duly authorized corporate sureties. (d) Any form of security which is acceptable to the local agency and specified by ordinance thereof. (Amended by Stats. 1982, Ch. 1203, Sec. 16. Effective September 22, 1982. Operative January 1, 1983, by Sec. 20 of Ch. 1203.)
  190. 19836.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. )

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    Security for work under Section 19835 must be released immediately after the work is performed or completed and accepted; the legislative body may allow partial release as the work progresses.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. ) ## 19836. Security given for faithful performance of an act or agreement pursuant to Section 19835 shall be released immediately upon the performance of the act or final completion and acceptance of the required work and performance of the act, or the legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, under rules established by the legislative body. (Added by Stats. 1981, Ch. 556.)
  191. 19837.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. )

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    A local agency may use private entities or people on a temporary basis to do plan checking, and must do so on request in certain delayed nonresidential permit cases. It may also charge requested-service fees and set limits on who may do the work.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 9. Local Building Permits [19825 - 19837] ( Chapter 9 added by Stats. 1978, Ch. 1301. ) ## ARTICLE 3. Local Regulations [19835 - 19837] ( Article 3 added by Stats. 1981, Ch. 556. ) ## 19837. (a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions. (b) A local agency need not enter into a contract or employ persons if it determines that no entities or persons are available or qualified to perform plan-checking services. (c) Entities or persons employed by a local agency may, pursuant to agreement with the local agency, perform all functions necessary to check the plans and specifications to comply with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part, except those functions reserved by this part or local ordinance to the legislative body. A local agency may charge the applicant fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section which the applicant requested. (d) When there is an excessive delay in checking plans and specifications submitted as a part of an application for a nonresidential permit, for a building, other than a hotel or motel, which is one to three stories, inclusive, in height, as determined by the local agency, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function subject to subdivisions (b) and (c). (e) When there is an excessive delay in checking plans and specifications submitted as a part of an application for a nonresidential permit for the remodeling or tenant improvements of a building, other than a hotel or motel, which is one to three stories, inclusive, in height, as determined by the local agency, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function subject to subdivisions (b) and (c). (f) For purposes of this section: (1) “Enforcement agency” means the building department or building division of a local agency. (2) “Excessive delay” means the enforcement agency of a local agency has taken either of the following: (A) More than 50 days after submittal of a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications that are suitable for checking. For a discretionary building permit, the time period specified in this paragraph shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. (B) Including the days actually taken in (A), more than 60 days to complete the checking of the resubmitted corrected plans and specifications suitable for checking after the enforcement agency had returned the plans and specifications to the applicant for correction. (3) “Local agency” means a city, county, or city and county. (Added by Stats. 1992, Ch. 839, Sec. 2. Effective January 1, 1993.)
  192. 19850.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. )

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    City and county building departments must keep an official copy of building plans for the life of each permitted building, with listed exemptions.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. ) ## 19850. The building department of every city or county shall maintain an official copy, which may be on microfilm 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. “Building department” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings. Except for plans of a common interest development as defined in Section 4100 or 6534 of the Civil Code, plans need not be filed for: (a) Single or multiple dwellings not more than two stories and basement in height. (b) Garages and other structures appurtenant to buildings described under subdivision (a). (c) Farm or ranch buildings. (d) Any one-story building where the span between bearing walls does not exceed 25 feet. The exemption in this subdivision does not, however, apply to a steel frame or concrete building. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 64) by Stats. 2013, Ch. 605, Sec. 36. (SB 752) Effective January 1, 2014.)
  193. 19851.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. )

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    Building plan copies kept by a city or county building department are open for inspection only at the department, and duplication is generally barred unless specified permissions or an order/request applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. ) ## 19851. (a) The official copy of the plans maintained by the building department of the city or county provided for under Section 19850 shall be open for inspection only on the premises of the building department as a public record. The copy may not be duplicated in whole or in part except (1) with the written permission, which permission shall not be unreasonably withheld as specified in subdivision (f), of the certified, licensed or registered professional or his or her successor, if any, who signed the original documents and the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the association established to manage the common interest development, or (2) by order of a proper court or upon the request of any state agency. (b) Any building department of a city or county, which is requested to duplicate the official copy of the plans maintained by the building department, shall request written permission to do so from the certified, licensed, or registered professional, or his or her successor, if any, who signed the original documents and from (1) the original or current owner of the building or (2), if the building is part of a common interest development, from the board of directors or other governing body of the association established to manage the common interest development. (c) The building department shall also furnish the form of an affidavit to be completed and signed by the person requesting to duplicate the official copy of the plans, which contains provisions stating all of the following: (1) That the copy of the plans shall only be used for the maintenance, operation, and use of the building. (2) That drawings are instruments of professional service and are incomplete without the interpretation of the certified, licensed, or registered professional of record. (3) That subdivision (a) of Section 5536.25 of the Business and Professions Code states that a licensed architect who signs plans, specifications, reports, or documents shall not be responsible for damage caused by subsequent changes to, or use of, those plans, specifications, reports, or documents where the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed architect who originally signed the plans, specifications, reports, or documents, provided that the architectural service rendered by the architect who signed the plans, specifications, reports, or documents was not also a proximate cause of the damage. (d) The request by the building department to a licensed, registered, or certified professional may be made by the building department sending a registered or certified letter to the licensed, registered, or certified professional requesting his or her permission to duplicate the official copy of the plans and sending with the registered or certified letter, a copy of the affidavit furnished by the building department which has been completed and signed by the person requesting to duplicate the official copy of the plans. The registered or certified letters shall be sent by the building department to the most recent address of the licensed, registered, or certified professional available from the California State Board of Architectural Examiners. (e) The governing body of the city or county may establish a fee to be paid by any person who requests the building department of the city or county to duplicate the official copy of any plans pursuant to this section, in an amount which it determines is reasonably necessary to cover the costs of the building department pursuant to this section. (f) The certified, licensed, or registered professional’s refusal to permit the duplication of the plans is unreasonable if, upon request from the building department, the professional does either of the following: (1) Fails to respond to the local building department within 30 days of receipt by the professional of the request. However, if the building department determines that professional is unavailable to respond within 30 days of receipt of the request due to serious illness, travel, or other extenuating circumstances, the time period shall be extended by the building department to allow the professional adequate time to respond, as determined to be appropriate to the individual circumstance, but not to exceed 60 days. (2) Refuses to give his or her permission for the duplication of the plans after receiving the signed affidavit and registered or certified letter specified in subdivisions (c) and (d). (Amended by Stats. 2006, Ch. 890, Sec. 12. Effective January 1, 2007.)
  194. 19852.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. )

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    A county or city governing body, including a charter city, may set building-plan fee amounts to cover building department costs, but the fee cannot be higher than the amount reasonably needed for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. ) ## 19852. The governing body of a county or city, including a charter city, may prescribe such fees as will pay the expenses incurred by the building department of such city or county in maintaining the official copy of the plans of buildings for which it has issued a building permit, but the fees shall not exceed the amount reasonably required by the building department in maintaining the official copy of the plans of buildings for which it has issued a building permit. The fees shall be imposed pursuant to Section 66016 of the Government Code. (Amended by Stats. 1990, Ch. 1572, Sec. 26.)
  195. 19853.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. )

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    This chapter does not apply to buildings containing a bank, another financial institution, or a public utility.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10. Building Records [19850 - 19853] ( Chapter 10 added by Stats. 1971, Ch. 616. ) ## 19853. This chapter shall not apply to any building containing a bank, other financial institution, or public utility. (Added by Stats. 1971, Ch. 616.)
  196. 19870.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 11. Plans and Specifications for Development [19870 - 19872] ( Chapter 11 added by Stats. 1992, Ch. 541, Sec. 1. )

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    An enforcement agency generally cannot impose a new or different building standard after inspection unless one of several listed conditions applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 11. Plans and Specifications for Development [19870 - 19872] ( Chapter 11 added by Stats. 1992, Ch. 541, Sec. 1. ) ## 19870. (a) As a result of construction inspection, an enforcement agency shall not impose a new or modified building standard different from those specified in the plans and specifications approved during plan checking functions for which a building permit is issued, unless the enforcement agency determines that any of the following apply: (1) The standard is necessary to correct a violation of the governing code or standard and to protect the public health or safety. (2) The plans and specifications did not reference the standard or were not in sufficient detail. (3) There is a deviation, addition, or deletion from the plan. (4) There are modifications to the plan by the permittee. (5) The permit is deemed expired because the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or the permittee has suspended or abandoned the work authorized by the permit at any time after the work is commenced. (6) The permit is deemed suspended or revoked pursuant to subdivision (e) of Section 303 of the latest adopted version of the Uniform Building Code. (b) As used in this chapter: (1) “Building standard” means a building standard as defined in Section 18909, or other standard adopted by a local agency pursuant to Section 17958 or subdivision (c) of Section 18941.5, that was effective on the date of the application for the building permit. (2) “Enforcement agency” means any department of a local agency that has the authority to inspect a construction or renovation project and enforce health, safety, or building codes including, but not limited to, the building department or building division, the fire department or fire district, and the health department. (3) “Local agency” means a city, county, or city and county. (4) “Plans and specifications” mean the plans, drawings, and specifications for a construction or renovation project, for which a building permit was issued, which relates to buildings classified for occupancy as a building of Group A, B, and R-1, pursuant to the 1991, Edition of the Uniform Building Code of the International Conference of Building Officials. (5) “Building inspector” means any employee or contractor of an enforcement agency who performs inspections of a construction or renovation project for the purpose of assuring compliance with adopted uniform building codes and standards. (6) “Supervisor” means any employee of any enforcement agency to whom a building inspector reports and who is responsible for reviewing a building inspector’s project approvals or denials or modification orders. (7) “Permittee” means a building owner, building property manager, or authorized representative to whom a building permit is issued by the enforcement agency. (c) (1) If an enforcement agency requires that a new or modified building standard be met pursuant to the condition set forth in paragraph (1) of subdivision (a), the building inspector, within two working days of ordering the standard shall provide the permittee, in writing on a form prescribed by the enforcement agency, a description of the specific threat to public health and safety and the section of the applicable building code or standard that has been violated or not complied with, and the interpretations and reasons for differing from the approved plans and specifications. (2) If an enforcement agency requires that a new or modified building standard be met pursuant to the condition set forth in paragraph (2) of subdivision (a), the building inspector, within two working days of ordering the standard, shall provide the permittee, in writing on a form prescribed by the enforcement agency, the applicable building code or standard that has been violated or not complied with, and a description of how that standard is applicable and necessary to the construction or renovation project for which the building permit is issued. (3) If an enforcement agency requires that a new or modified building standard be met pursuant to the condition set forth in paragraph (3) or (4) of subdivision (a), the building inspector, within two working days of ordering the standard, shall provide the permittee, in writing on a form prescribed by the enforcement agency, the applicable building code or standard that has been violated or not complied with, and the deviations, additions, or deletions from, or the modifications to, the plan, as the case may be, which results in a violation or noncompliance with an applicable building code or standard. (d) If an enforcement agency requires a new or modified building standard that the permittee certifies to the enforcement agency would result in a cumulative increase in the overall cost of the construction or renovation project of 10 percent or more, all findings made by a building inspector pursuant to subdivision (c) shall be reviewed and approved in writing by the supervisor of the construction inspector within five working days of the order for a new or modified building standard. No certificate of occupancy may be denied if the findings of a construction supervisor are not so approved. (e) A copy of all findings made by the building inspector pursuant to subdivision (c) shall be sent to the department within the local agency that is responsible for reviewing and approving the plans and specifications during the plan checking functions for which the building permit is issued. (f) Compliance with subdivisions (c) and (d) shall not be required if, at the time an enforcement agency imposes a new or modified building standard, the building inspector, the building inspector’s supervisor, and the permittee consult with one another within two working days of imposing the standard, and the permittee agrees with the enforcement agency’s order. (Amended by Stats. 1993, Ch. 906, Sec. 14. Effective October 8, 1993. Operative January 1, 1994, by Sec. 24 of Ch. 906.)
  197. 19872.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 11. Plans and Specifications for Development [19870 - 19872] ( Chapter 11 added by Stats. 1992, Ch. 541, Sec. 1. )

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    An enforcement agency may require a permittee to attend a preconstruction conference before plan checking is completed, and may require updated plans kept at the site; if it does so, it must ask other appropriate local enforcement agencies to participate.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 11. Plans and Specifications for Development [19870 - 19872] ( Chapter 11 added by Stats. 1992, Ch. 541, Sec. 1. ) ## 19872. (a) An enforcement agency may require as a condition of receiving a building permit, that a permittee participate in a preconstruction conference prior to completion of plan checking of the permittee’s submitted plans and specifications for the purpose of reviewing the plans to ensure consistency of building code interpretations, and adequacy and sufficiency of plan details. (b) If an enforcement agency requires a preconstruction conference, that enforcement agency shall request the participation of any other appropriate enforcement agencies of the local agency who may inspect a construction or renovation project. (c) An enforcement agency may require the permittee to maintain at the site of the construction or renovation project, a set of plans and specifications that reflect any points of discussion, understandings, and agreements derived from the preconstruction conference. (Added by Stats. 1992, Ch. 541, Sec. 1. Effective January 1, 1993.)
  198. 19881.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Heating Appliances and Installations [19881 - 19882] ( Chapter 12 added by Stats. 1970, Ch. 1217. )

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    People must not sell or offer for sale new or used unvented heaters designed for use inside a dwelling, except electric heaters and decorative gas logs for use in a vented fireplace.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Heating Appliances and Installations [19881 - 19882] ( Chapter 12 added by Stats. 1970, Ch. 1217. ) ## 19881. (a) No person shall sell, or offer for sale, any new or used unvented heater that is designed to be used inside any dwelling house or unit, with the exception of an electric heater, or decorative gas logs for use in a vented fireplace. (b) Notwithstanding subdivision (a), natural-gas-fueled unvented decorative gas logs and fireplaces may be sold if the Department of Housing and Community Development and the State Department of Health Services approve of their use, and all of the following are satisfied: (1) The Department of Housing and Community Development and the State Department of Health Services consider and develop recommended standards for their use. The cost of developing these standards may not exceed one hundred forty-five thousand dollars ($145,000). (2) Natural-gas-fueled unvented decorative gas logs and fireplaces meet the standards developed in accordance with paragraph (1) by the Department of Housing and Community Development and the State Department of Health Services. (3) The California Building Standards Commission adopts the standards developed in accordance with paragraph (1) and pursuant to Section 18930. (4) Natural-gas-fueled unvented decorative gas logs and fireplaces are listed by an agency approved by the Department of Housing and Community Development. (c) Installation of natural-gas-fueled unvented decorative gas logs and fireplaces sold under standards developed pursuant to subdivision (b) shall be in accordance with the California Building Standards Code. (Amended by Stats. 1997, Ch. 17, Sec. 67. Effective January 1, 1998.)
  199. 19882.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Heating Appliances and Installations [19881 - 19882] ( Chapter 12 added by Stats. 1970, Ch. 1217. )

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    Violating any provision of this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12. Heating Appliances and Installations [19881 - 19882] ( Chapter 12 added by Stats. 1970, Ch. 1217. ) ## 19882. Any violation of any provision of this chapter shall be a misdemeanor. (Added by Stats. 1970, Ch. 1217.)
  200. 19890.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. )

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    This section sets safety rules for residential automatic garage door openers, including reverse-device requirements, labeling, instructions, testing, and limits on when noncompliant products or certain replacement doors may be sold or installed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 3. MISCELLANEOUS [19000 - 19892] ( Part 3 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Automatic Garage Door Openers [19890 - 19892] ( Chapter 12.5 added by Stats. 1990, Ch. 1336, Sec. 3. ) ## 19890. (a) On or after January 1, 1991, no person, corporation, or entity shall manufacture for sale in this state, purchase, sell or offer for sale at retail or wholesale, or install in this state, a residential automatic garage door opener that does not have an automatic reverse safety device that complies with the applicable standards set forth in the Underwriters Laboratories Inc., Standard for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition, as revised May 4, 1988. (b) In addition to the requirements of subdivision (a), on or after January 1, 1993, no person, corporation, or entity shall manufacture for sale in this state, purchase, sell or offer for sale at retail or wholesale, or install in this state, any residential automatic garage door opener unless, in order to operate, it requires the inclusion of a tactile garage door edge sensor, an optical sensor, or a similar device that when activated is designed to cause a closing door to open and prevent an open door from closing. This device shall be designed to operate in a manner so that the interruption or misalignment of the device or an opening or short in the wires between the device and the power head would cause a closing door to open and prevent an open door from closing. Notwithstanding any other provision of this subdivision, a garage door opener that is manufactured prior to January 1, 1993, and that is in the possession of a retailer or wholesaler on January 1, 1993, may be purchased, sold, offered for sale, and installed on or before July 1, 1993, provided the garage door opener is in compliance with subdivision (a). (c) On or after January 1, 1991, any manufacturer selling or offering for sale residential automatic garage door openers in this state shall comply with federal labeling requirements for automatic residential garage door openers contained in Section 203 of Public Law 101-608. (d) On and after January 1, 1991, any manufacturer, distributor, wholesaler, or retailer, selling or offering for sale residential automatic garage door openers in this state shall include with each automatic garage door opener a set of installation, operation, maintenance, and testing instructions. On or after January 1, 1991, any person installing, servicing, or repairing a residential automatic garage door opener shall comply with those instructions. (e) On and after January 1, 1993, any person hired to service or repair any residential automatic garage door opener shall, upon completion of the service or repair, if any, determine whether it reverses upon contact with a rigid two-inch high obstacle placed on the surface beneath the garage door. If the residential automatic garage door opener does not pass the test, the person shall complete and conspicuously affix to the residential automatic garage door opener, a red certificate as follows: WARNING! This garage door opener, when tested on this date, did not reverse upon contact with a two-inch high rigid obstacle placed on the surface beneath the garage door, and may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of the Health and Safety Code. Address [location of automatic garage door opener]: Manufacturer [if known]: Date of manufacture [if known]: Serial No. [if any]: Model No. [if any]: [signed] [date] [print name] [firm name and address] _____ _____ _____ (f) This chapter shall apply to all automatic garage door openers manufactured and sold for use in any residence. This chapter shall also apply to automatic garage door openers manufactured for commercial purposes, but sold for, or installed, in a residence because the commercial opener was necessary to meet the specific application requirements of that installation. Residential applications of garage door openers manufactured for commercial purposes shall comply with this chapter, and be installed according to the manufacturer’s instructions, except that the applicable standard shall be the Underwriters Laboratories Inc., Standard for Safety-ANSI/UL 325-29 in lieu of the Underwriters Laboratories Inc., Standard for Safety-ANSI/UL 325-30.1 and 325-30.2. (g) For the purposes of this chapter: (1) “Residential” shall define a device or structure that is part of, affixed to, or associated with, a residence. (2) “Residence” means a building that contains from one to four single-family dwelling units. (3) “Garage” means an enclosed and covered shelter for one or more automobiles, that may be attached to, or detached from but associated with, a residence. “Garage” does not include an unenclosed automobile parking area nor an unenclosed, covered carport. (4) “Garage door” means a structure that serves as an overhead, vertical-moving barrier to the opening that serves as the automobile entrance to the garage. “Garage door” does not include structures that operate in a sliding or horizontal motion. (h) On or after January 1, 1992, no replacement residential garage door shall be installed in a manner that connects the replacement door to an existing residential automatic garage door opener that does not meet the test standard set forth in subdivision (e), regardless of the date of manufacture of the residential automatic garage door opener. (Amended by Stats. 1993, Ch. 802, Sec. 1. Effective January 1, 1994.)

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