Section 1.8.3

LOCAL ENFORCING AGENCY 1.8.3.1 Duties and powers. The building department of every city, county, or city and county, shall enforce all the provi- sions of law, this code and the other rules and regulations promulgated by the Department of Housing and Community Development pertaining to the installation, erection, con- struction, reconstruction, movement, enlargement, conver- sion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses and dwellings, including accessory buildings, facilities and uses thereto.

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

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

For additional requirements regarding additions, alter- ations or repairs to existing buildings and appurtenant struc- tures, see the California Existing Building Code.

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

1.8.3.2.1 State Housing Law. Refer to the State Housing Law, California Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchap- ter 1, commencing with Section 1, for the erection, con- struction, reconstruction, movement, enlargement,

3. Additions to existing buildings, where the addition alone meets the definition of covered multifamily dwellings as defined in Chapter 2. 4. New common use areas serving new covered multifamily dwellings. 5. Where any portion of a building’s exterior is preserved, but the interior of the building is removed, including all structural portions of floors and ceilings, the building is considered a new building for determining the application of Chapter 11A.

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

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

Enforcing agency— Local building department or the Department of Housing and Community Devel- opment.

Authority cited— Health and Safety Code Sections 17040, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17926, 17927, 17928, 17958.12, 18938.3, 18944.11 and 19990; and Government Code Sections 12955.1 and 12955.1.1.

Reference— Health and Safety Code Sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, 18938.6, 18941, 19890, 19891, 19892 and 19960 through 19997; Civil Code Sections 1101.4, 1101.5, 1954.201 and 1954.202; and Government Code Sec- tions 12955.1 and 12955.1.1. California Code of Regulations, Title 20, Sections 1605.1, 1605.3 and 1607.

1.8.2.1.3 Permanent buildings in mobilehome parks and special occupancy parks.

Application— Permanent buildings, and permanent accessory buildings or structures, constructed within mobilehome parks and special occupancy parks that are under the control and ownership of the park operator. Sections of this code which per- tain to applications listed in this section are identi- fied using the abbreviation “HCD 2.”

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

Copyright © 2022 by, or licensed to, International Code Council, Inc. (ALL RIGHTS RESERVED); licensed to California Building Standards Commission pursuant to License Agreement. No further reproductions is authorized. Any unauthorized reproduction or distribution is a violation of the federal copyright act and the license agreement, and subject to civil and criminal penalties thereunder.

SCOPE AND ADMINISTRATION

conversion, alteration, repair, removal, demolition or arrangement of apartments, condominiums, hotels, motels, lodging houses and dwellings, including accessory build- ings, facilities and uses thereto.

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

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

Exception: Mobilehome parks where the Department of Housing and Community Development is the enforc- ing agency. 1.8.3.2.3 Special Occupancy Parks Act. Refer to the Spe- cial Occupancy Parks Act, California Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Divi- sion 1, Chapter 2.2, commencing with Section 2000 for special occupancy park administrative and enforcement authority, permits, fees, violations, inspections and penal- ties both within and outside of special occupancy parks.

Exception: Special occupancy parks where the Depart- ment of Housing and Community Development is the enforcing agency. 1.8.3.2.4 Employee Housing Act. Refer to the Employee Housing Act, California Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and Califor- nia Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600 for employee housing administrative and enforcement authority, per- mits, fees, violations, inspections and penalties.

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