Section 1.1

GENERAL 1.1.1 Title. These regulations shall be known as the Califor- nia Existing Building Code, may be cited as such and will be referred to herein as “this code.” The California Existing Building Code is Part 10 of thirteen parts of the official com- pilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Reg- ulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2021 International Existing Building Code of the International Code Council with necessary California amendments.

1.1.2 Purpose. The purpose of this code is to establish the mini- mum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanita- tion, adequate lighting and ventilation and energy conserva- tion; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency opera- tions.

1.1.3 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replace- ment, repair, equipment, use and occupancy, location, main- tenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of Califor- nia. [HCD 1 & 2] The provisions of this code shall apply to repair, alteration, change of occupancy, addition to and relo- cation of every existing building or structure or any appurte- nances connected or attached to such buildings or structures throughout the State of California.

1.1.3.1 Nonstate-regulated buildings, structures and applications. Except as modified by local ordinance pur- suant to Section 1.1.8, the following standards in the Cali- fornia Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applica- tions not regulated by a state agency.

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

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

1. State-owned buildings, including buildings con- structed by the Trustees of the California State University, and to the extent permitted by Califor- nia laws, buildings designed and constructed by the Regents of the University of California, and regulated by the Building Standards Commission. See Section 1.2 for additional scope provisions. 2. Section 1.3 is reserved for the Board of State Community Corrections. 3. Section 1.4 is reserved for the Department of Consumer Affairs. 4. Section 1.5 is reserved for the California Energy Commission. 5. Section 1.6 is reserved for the Department of Food and Agriculture. 6. Section 1.7 is reserved for the Department of Public Health. 7. Hotels, motels, lodging houses, apartments, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions. 8. Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use areas serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of covered multifamily dwelling, and new common-use areas serving new covered multifamily dwellings, which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions. 9. Permanent buildings and permanent accessory buildings or structures constructed within mobilehome parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 1.8.2.1.3 for additional scope provisions. 10. Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.

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.

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11. Public elementary and secondary schools, com- munity college buildings and state-owned or state-leased essential service buildings regulated by the Division of the State Architect. See Section 1.9.2 for additional scope provisions.

12. Qualified historical buildings and structures and their associated sites regulated by the State His- torical Building Safety Board with the Division of the State Architect.

13. General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment cen- ters regulated by the Office of Statewide Health Planning and Development. See Section 1.10 for additional scope provisions.

14. Applications regulated by the Office of the State Fire Marshal include, but are not limited to, the following in accordance with Section 1.11:

14.1. Buildings or structures used or intended for use as an:

1. Asylum, jail, prison

2. Mental hospital, hospital, home for the elderly, children's nursery, children's home or institution, school or any sim- ilar occupancy of any capacity

3. Theater, dancehall, skating rink, audi- torium, assembly hall, meeting hall, nightclub, fair building or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transpor- tation, or education

4. Small family day-care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities

5. State institutions or other state-owned or state-occupied buildings

6. High-rise structures

7. Motion picture production studios

8. Organized camps

9. Residential structures

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

14.3. Fire alarm devices, equipment and sys- tems in connection with any occupancy

14.4. Hazardous materials, flammable and combustible liquids

14.5. Public school automatic fire detection, alarm and sprinkler systems

14.6. Wildland-urban interface fire areas

15. Section 1.12 is reserved for the State Librarian.

16. Section 1.13 is reserved for the Department of Water Resources.

17. For applications listed in Section 1.9.1 regulated by the Division of the State Architect-Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapter 11B contained in the Cali- fornia Building Code.

18. Section 1.14 is reserved for the California State Lands Commission. 1.1.4 Appendices. Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in com- pliance with Health and Safety Code Section 18901 et seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts. See Section 1.1.8 of this code.

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

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

1.1.6 Nonbuilding standards, orders and regulations. Requirements contained in the California Existing Building Code, or in any other referenced standard, code or document, which are not building standards as defined in Health and Safety Code Section 18909, shall not be construed as part of the provisions of this code. For nonbuilding standards, orders and regulations, see other titles of the California Code of Regulations. 1.1.7 Order of precedence and use.

1.1.7.1 Differences. In the event of any differences between these building standards and the standard refer- ence documents, the text of these building standards shall govern.

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

1.1.7.3 Conflicts. When the requirements of this code con- flict with the requirements of any other part of the Califor- nia Building Standards Code, Title 24 the most restrictive requirements shall prevail.

1.1.7.3.1 Detached one- and two-family dwellings. Detached one- and two-family dwellings, lodging houses, live/work units, townhouses not more than three stories above grade plane in height with a separate means of

1-4 2022 CALIFORNIA EXISTING BUILDING CODE

egress, and their accessory structures, may be designed and constructed in accordance with the California Resi- dential Code or the California Building Code, but not both, unless the proposed structure(s) or element(s) exceed the design limitations established in the California Residential Code, and the code user is specifically directed by the California Residential Code to use the California Building Code. 1.1.8 City, county, or city and county amendments, addi- tions or deletions. The provisions of this code do not limit the authority of city, county, or city and county governments to establish more restrictive and reasonably necessary differ- ences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amend- ments, additions or deletions to this code by a city, county, or city and county filed pursuant to Section 1.1.8.1 shall be the date filed. However, in no case shall the amendments, addi- tions or deletions to this code be effective any sooner than the effective date of this code.

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

1.1.8.1 Findings and filings. 1. The city, county, or city and county shall make express findings for each amendment, addition or deletion based upon climatic, topographical or geological con- ditions.

Exception: Hazardous building ordinances and pro- grams mitigating unreinforced masonry buildings. 2. The city, county, or city and county shall file the amendments, additions or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, and fire depart- ments shall file the amendments, additions or dele- tions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. 3. Findings prepared by fire protection districts shall be ratified by the local city, county, or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P.O. Box 278180, Sacra- mento, CA 95827-8180 or 9342 Tech Center Drive, Suite 500, Sacramento, CA 95826-2581. 1.1.8.2 Locally adopted energy standards – California Energy Code, Part 6

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

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

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

Exceptions:

(1) [HCD 1 & HCD 2] Retroactive permits issued in accor-

dance with Health and Safety Code Section 17958.12. (2) [HCD 1 & HCD 2] Plans approved by the Depart-

ment of Housing and Community Development or a Department-approved design approval agency for factory-built housing as defined by Health and Safety Code Section 19971. Approved plans, pursu- ant to the California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, Article 3, Sec- tion 3048 remain valid for a period of 36 months from the date of plan approval. 1.1.10 Availability of codes. At least one complete copy each of Titles 8, 19, 20, 24 and 25 with all revisions shall be main- tained in the office of the building official responsible for the administration and enforcement of this code. Each state department concerned and each city, county, or city and county shall have an up-to-date copy of the code available for public inspection. See Health and Safety Code Section 18942(e)(1) and (2). 1.1.11 Format. This part fundamentally adopts the International Existing Building Code by reference on a chapter-by-chapter basis. When a specific chapter of the International Existing Building Code is not printed in the code and is marked “Reserved”, such chapter of the International Existing Building Code is not adopted as a portion of this code. When a specific chapter of the International Existing Building Code is marked “Not adopted by the State of California” but appears in the code, it may be available for adoption by local ordinance.

Those provisions of the model code used as the basis for this part of the California Building Standards Code in Title 24, California Code of Regulations, that are not printed herein and are marked “Not adopted by the State of Califor- nia,” may be available for adoption by local ordinance, pro- vided such ordinance and related model code provisions do not conflict with Title 24 provisions applicable to the subject occupancy or building feature. Such a local ordinance is not subject to the Express Finding and document filing require- ments of Health and Safety Code Sections 13869.7, 17958 and 18941.5.

of Califor-_ nia,” may be available for adoption by local ordinance, pro- vided such ordinance and related model code provisions do not conflict with Title 24 provisions applicable to the subject occupancy or building feature. Such a local ordinance is not subject to the Express Finding and document filing require- ments of Health and Safety Code Sections 13869.7, 17958 and 18941.5.

Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory. 1.1.12 Validity. If any chapter, section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.

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