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Chapter 1 — SCOPE AND ADMINISTRATION

Section 1.8.3

California Existing Building Code (Title 24, Part 10) · 2022 edition · updated 2026-09-10 · California

Italicized text is a California amendment to the model code, as printed in the official publication.

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.

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.

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

SCOPE AND ADMINISTRATION

newly constructed covered multifamily dwellings as defined in Chapter 2 of the California Building Code. “HCD 1-AC” applications include, but are not limited to, the following:

1. All newly constructed covered multifamily dwell- ings as defined in Chapter 2 of the California Building Code.

2. New common use areas as defined in Chapter 2 of the California Building Code, serving existing covered multifamily dwellings.

3. Additions to existing buildings, where the addi- tion alone meets the definition of covered multi- family dwellings as defined in Chapter 2 of the California Building Code.

4. New common use areas serving new covered multifamily dwellings.

5. Where any portion of a building’s exterior is pre- served, 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 of the California Building Code.

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

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

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 and Sections 19960 through 19997; Civil Code Sec- tions 1101.4, 1101.5, 1954.201 and 1954.202; and Government Code Sections 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 opera- tor. Sections of this code which pertain to applications listed in this section are identified using the abbrevia- tion “HCD 2.”

1-8 2022 CALIFORNIA EXISTING BUILDING CODE

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.

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.

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.

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, Chap- ter 3, Subchapter 1, commencing with Section 3000 for fac- tory-built housing administrative and enforcement authority, permits, fees, violations, inspections and penalties.

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