104.2 Items (1) through (5) of this code.

(2) Changes, alterations, or repairs of a minor nature not affecting structural features, egress, sanitation, safety, or accessibility as determined by the enforcing agency.

(3) Retroactive permits issued in accordance with Health and Safety Code Section 17958.12.

Exemptions from permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of other provisions of law or this code. 1.8.4.2 Fees. Subject to other provisions of law, the governing body of any city, county, or city and county may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development. The amount of the fees shall not exceed the amount reasonably neces- sary to administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. For additional information, see State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Divi- sion 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.

ed the amount reasonably neces-_ sary to administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. For additional information, see State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Divi- sion 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.

1.8.4.3 Plan Review and Time Limitations. Subject to other provisions of law, provisions related to plan checking, prohibition of excessive delays, and contracting with or employment of private parties to perform plan checking are set forth in the State Housing Law, Health and Safety Code Section 17960.1, and for employee housing, in Health and Safety Code Section 17021. 1.8.4.3.1 Retention of Plans. The building depart- ment of every city, county, or city and county shall maintain an official copy, microfilm, or electronic or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit. Exceptions: (1) Single or multiple dwellings not more than two stories and basement in height. (2) Garages and other structures appurtenant to buildings listed in Exception 1. (3) Farm or ranch buildings appurtenant to build- ings listed in Exception 1. (4) Any one-story building where the span between bearing walls does not exceed 25 feet (7620 mm), except a steel frame or concrete building. All plans for common interest developments as defined in Section 4100 of the California Civil Code shall be retained. For additional information regarding plan retention and reproduction of plans by an enforcing agency, see Health and Safety Code Sections 19850 through 19852. 1.8.4.4 Inspections. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or other regulations of the Department of Housing and Community Development. 1.8.5 Right of Entry for Enforcement. 1.8.5.1 General. Subject to other provisions of law, offi- cers and agents of the enforcing agency may enter and

DIVISION I CALIFORNIA ADMINISTRATION

inspect public and private properties to secure compli- ance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following:

(1) For applications subject to State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1.

(2) For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200, and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.

(3) For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860, and Cali- fornia Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000.

(4) For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600.

(5) For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000.

1.8.6 Local Modification by Ordinance or Regulation.

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

1.8.6.2 Findings, Filings, and Rejections of Local Modifications. Prior to making any modifications or establishing more restrictive building standards, the governing body shall make express findings and filings,

as required by California Health and Safety Code Section 17958.7, showing that such modifications are reasonably necessary due to local climatic, geological, or topo- graphical conditions. No modification shall become effective or operative unless the following requirements

are met:

(1) The express findings shall be made available as a public record.

(2) A copy of the modification and express finding, each document marked to cross-reference the other, shall be filed with the California Building Standards Commission for a city, county, or city and county, and with the Department of Housing and Commu- nity Development for fire protection districts.

(3) The California Building Standards Commission has not rejected the modification or change.

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

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

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

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

(1) Structures located in mobilehome parks as defined in California Health and Safety Code Section 18214.

(2) Structures located in special occupancy parks as defined in California Health and Safety Code Section 18862.43.

(3) Factory-built housing as defined in California Health and Safety Code Section 19971.

1.8.7.2.1 Approval of Alternates. The consideration and approval of alternates by a local building department shall comply with the following proce- dures and limitations:

(1) The approval shall be granted on a case-by- case basis.

(2) Evidence shall be submitted to substantiate claims that the proposed alternate, in perform- ance, safety, and protection of life and health,

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conforms to, or is at least equivalent to, the standards contained in this code and other rules and regulations promulgated by the Department of Housing and Community Development.

(3) The local building department may require tests performed by an approved testing agency at the expense of the owner or owner’s agent as proof of compliance.

(4) If the proposed alternate is related to accessi- bility in covered multifamily dwellings or facili- ties serving covered multifamily dwellings as defined in Chapter 2 of the California Building Code, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2 of the California Building Code.

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

1.8.7.3 Department of Housing and Community Devel- opment. The Department of Housing and Community Development may approve alternates for use in the erec- tion, construction, reconstruction, movement, enlarge- ment, conversion, alteration, repair, removal, or demolition of apartments, condominiums, hotels, motels, lodging houses, dwellings, or accessory structures thereto, and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alter- nates shall comply with the following:

(1) The department may require tests at the expense of the owner or owner’s agent to substantiate compli- ance with the California Building Standards Code.

(2) The approved alternate shall, for its intended purpose, be at least equivalent in performance and safety to the materials, designs, tests, or methods of construction prescribed by this code.

1.8.8 Appeals Board.

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

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

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

Housing Appeals Board. The board or agency of a city, county, or city and county which is authorized by the governing body of the city, county, or city and county to hear appeals regarding the requirements of the city, county, or city and county relating to the use, mainte- nance, and change of occupancy of buildings and struc- tures, including requirements governing alteration, additions, repair, demolition, and moving. In any area in which there is no such board or agency, “Housing Appeals Board” means the local appeals board having jurisdiction over the area.

rding the requirements of the city,_ county, or city and county relating to the use, mainte- nance, and change of occupancy of buildings and struc- tures, including requirements governing alteration, additions, repair, demolition, and moving. In any area in which there is no such board or agency, “Housing Appeals Board” means the local appeals board having jurisdiction over the area.

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

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

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

1.8.9 Unsafe Buildings or Structures.

1.8.9.1 Authority to Enforce. Subject to other provisions of law, the administration, enforcement, actions, proceed- ings, abatement, violations, and penalties for unsafe buildings and structures are contained in the following statutes and regulations:

(1) For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. For enforcement related to accessory dwelling units, see Health and Safety Code Section 17980.12 operative until January 1, 2035.

(2) For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000.

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(3) For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and Cali- fornia Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000. (4) For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600. (5) For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000. 1.8.9.2 Actions and Proceedings. Subject to other provi- sions of law, punishments, penalties, and fines for viola- tions of building standards are contained in the following statutes and regulations: (1) For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. (2) For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000. (3) For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and Cali- fornia Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000. (4) For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600. (5) For applications subject to the Factory-Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 1, commencing with Section 3000. 1.8.10 Other Building Regulations. 1.8.10.1 Existing Structures. Notwithstanding other provisions of law, the replacement, retention, and exten- sion of original materials and the use of original methods of construction for any existing building or accessory structure, or portions thereof, shall be permitted in accor-

Chapter 3,_ Subchapter 1, commencing with Section 3000. 1.8.10 Other Building Regulations. 1.8.10.1 Existing Structures. Notwithstanding other provisions of law, the replacement, retention, and exten- sion of original materials and the use of original methods of construction for any existing building or accessory structure, or portions thereof, shall be permitted in accor-

dance with the provisions of this code and the California Existing Building Code, as adopted by the Department of Housing and Community Development. For additional information, see California Health and Safety Code, Sections 17912, 17920.3, 17922 and 17958.8.

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

1.9.0 Division of the State Architect. 1.9.1 Reserved for the Division of the State Architect – Access Compliance. 1.9.2 Division of the State Architect – Structural Safety. 1.9.2.1 DSA-SS (Division of the State Architect – Struc- tural Safety).

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

– Enforcing Agency Division of the State Architect – Structural Safety (DSA-SS). The Division of the State Architect has been delegated the responsibility and authority by the Department of General Services to review and approve the design and oversee and observe the construction of public elementary and secondary schools, community colleges, and state- owned or state-leased essential services buildings. Authority Cited – Education Code Sections 17310 and 81142, and Health & Safety Code Section 16022.

– References Education Code Sections 17280 through 17317 and 81130 through 81147, and Health & Safety Code Sections 16000 through 16023. 1.9.2.1.1 Adopting Agency Identification. The provi- sions of this code applicable to buildings identified in this Subsection 1.9.2.1 will be identified in the Matrix Adoption Tables under the acronym DSA-SS. 1.9.2.2 DSA-SS/CC (Division of the State Architect – Structural Safety/Community Colleges).

– Application Community Colleges. The Division of the State Architect has been delegated the authority by the Department of General Services to promulgate alternate building standards for application to community colleges, which a community college may elect to use in lieu of standards promulgated by DSA-SS, in accordance with Section 1.9.2.1. Refer to Title 24, Part 2, Section 1.9.2.2.

ation**_ Community Colleges. The Division of the State Architect has been delegated the authority by the Department of General Services to promulgate alternate building standards for application to community colleges, which a community college may elect to use in lieu of standards promulgated by DSA-SS, in accordance with Section 1.9.2.1. Refer to Title 24, Part 2, Section 1.9.2.2.

– Enforcing Agency Division of the State Architect – Structural Safety/Community Colleges (DSA-SS/CC). The Division of the State Architect has been delegated the authority by the Department of General Services to review and approve the design and oversee and observe the construction of community colleges electing to use the alternative building standards as provided in this section.

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Authority Cited – Education Code Section 81053.

– References Education Code Sections 81052, 81053, and 81130 through 81147.

1.9.2.2.1 Adopting Agency Identification. The provi- sions of this code applicable to buildings identified in this Subsection 1.9.2.2 will be identified in the Matrix Adoption Tables under the acronym DSA-SS/CC.

1.10.0 Department of Health Care Access and Informa- tion/Office of Statewide Hospital Planning and Develop-

ment.

1.10.1 OSHPD 1 and OSHPD 1R. Specific scope of appli- cation of the agency responsible for enforcement, enforce- ment agency, specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 1 and OSHPD 1R

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

Enforcing Agency – Health Care Access and Informa- tion/Office of Statewide Hospital Planning and Devel- opment (OSHPD). The office shall enforce the Division of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility types.

1.10.1.1 Applicable Administrative Standards:

(1) Title 24, Part 1, California Code of Regulations: Chapters 6 and 7.

(2) Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

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

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

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

1.10.1.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.1 will be identified in the Matrix Adop- tion Tables under the acronym OSHPD 1, and OSHPD 1R.

1.10.2 OSHPD 2. Specific scope of application of the agency responsible for enforcement, enforcement agency, specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 2

– Application Skilled nursing facilities and intermediate care facility buildings.

Enforcing Agency – Health Care Access and Informa- tion/Office of Statewide Hospital Planning and Devel-

opment (OSHPD). The office shall also enforce the Divi- sion of the State Architect access compliance regulations and the regulations of the Office of the State Fire Marshal for the above stated facility type.

1.10.2.1 Applicable Administrative Standards:

(1) Title 24, Part 1, California Code of Regulations: Chapter 7.

(2) Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

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

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

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

1.10.2.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.2 will be identified in the Matrix Adop- tion Tables under the acronym OSHPD 2.

1.10.3 OSHPD 3. Specific scope of application of the agency responsible for enforcement, enforcement agency, specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 3

– Application Licensed clinics and any freestanding building under a hospital license where outpatient clin- ical services are provided.

– Enforcing Agency Local building department.

1.10.3.1 Applicable Administrative Standards.

(1) Title 24, Part 1, California Code of Regulations: Chapter 7.

(2) Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

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

– Authority Cited Health and Safety Code Sections 127010, 127015, and 1226.

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

1.10.3.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.3 will be identified in the Matrix Adop- tion Tables under the acronym OSHPD 3.

1.10.4 OSHPD 4. Specific scope of application of the agency responsible for enforcement, enforcement agency, specific

DIVISION I CALIFORNIA ADMINISTRATION

authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 4

Application – Correctional Treatment Centers.

– Enforcing Agency Health Care Access and Informa- tion/Office of Statewide Hospital Planning and Devel- opment (OSHPD). The Office shall also enforce the Division of the State Architect access compliance regu- lations and the regulations of the Office of the State Fire Marshal for the above stated facility types.

1.10.4.1 Applicable Administrative Standards:

(1) Title 24, Part 1, California Code of Regulations: Chapter 7.

(2) Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

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

– Authority Cited Health and Safety Code Sections 127010, 127015, and 129790.

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

1.10.4.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.4 will be identified in the Matrix Adop- tion Tables under the acronym OSHPD 4.

1.10.5 OSHPD 5. Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 5

Application – Acute psychiatric hospital buildings.

Enforcing Agency – Health Care Access and Informa- tion/Office of Statewide Hospital Planning and Devel- opment (OSHPD). The office shall also enforce the Division of the State Architect – Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above-stated facility types.

1.10.5.1 Applicable Administrative Standards.

(1) Title 24, Part 1, California Code of Regulations: Chapter 7.

(2) Title 24, Part 2, California Code of Regulations: Sections 1.1.0 and 1.10.0, Chapter 1, Division I, and as indicated in the adoption matrix for Chapter 1, Division II.

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

Authority Cited – Health and Safety Code Sections 1275 and 129850.

References – Health and Safety Code Sections 129680, 1275 and 129675 through 130070.

1.10.5.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.5 will be identified in the Matrix Adop- tion Tables under the Acronym OSHPD 5.

1.10.6 OSHPD 6. Specific scope of application of the agency responsible for enforcement, enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless otherwise stated.

OSHPD 6

Application – Chemical dependency recovery hospital not within an acute care hospital building or an acute psychiatric facility.

Enforcing Agency – Local building department.

1.10.6.1 Applicable Administrative Standards.

(1) Title 24, Part 1, California Code of Regulations: Chapter 7.

(2) Title 24, Part 2, California Code of Regulations: Section 1.1.0 and 1.10.0, Chapter 1 Division I, and as indicated in the adoption matrix for Chapter I, Division II.

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

Authority Cited – Health and Safety Code Sections 1275, 18929 and 129850.

References – Health and Safety Code Sections 1250.3 and 129675-130070.

1.10.6.3 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Subsection 1.10.6 will be identified in the Matrix Adop- tion Tables under the Acronym OSHPD 6.

1 . 11.0 Office of the State Fire Marshal. 1.11.1 SFM – Office of the State Fire Marshal. Specific scope of application of the agency responsible for enforce- ment, the enforcement agency and the specific authority to adopt and enforce such provisions of this code, unless other- wise stated.

Application:

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

– Authority Cited Health and Safety Code Section 13143.

– Reference Health and Safety Code Section 13143.

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

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– Authority Cited Health and Safety Code Section 13143.

– Reference Health and Safety Code Section 13143.

Small Family Day Care Homes.

– Authority Cited Health and Safety Code Sections 1597.45, 1597.54, 13143, and 17921.

– Reference Health and Safety Code Section 13143.

Large Family Day Care Homes.

– Authority Cited Health and Safety Code Sections 1597.46, 1597.54, and 17921.

– Reference Health and Safety Code Section 13143.

Residential Facilities and Residential Facilities for the Elderly.

– Authority Cited Health and Safety Code Section 13133.

– Reference Health and Safety Code Section 13143.

Any State Institution or Other State-Owned or Specified State-Occupied Building. Specified State-Occupied Buildings. Any building, structure or area that meets any of the following criteria: (1) A building where the state has contracted into a build-to- suit lease.

(2) A courthouse holding facility or trial court with a deten-

tion area.

(3) A building used by the Department of Corrections and Rehabilitation (CDCR) as a community correctional

reentry center. (4) 100 percent state occupied. (5) State-occupied areas in a state-leased building that is a high-rise and is 75 percent of the net area floor space or more occupied by state entities. (6) State-occupied areas in a building that contains 5,000 square feet (465 m [2] ) or more space of state-leased Group H or Group L occupancy.

(7) A state-leased building with facilities with the primary purpose of housing state records and/or state artifacts of historical significance.

(8) Properties leased by California State University (CSU).

(9) State institutions and their real property.

(10) CAL FIRE occupied areas in leased buildings.

(11) State-leased facilities where the governing body’s fire protection services rely on an all-volunteer fire department.

– Authority Cited Health and Safety Code Sections 13108, 13145, 13146, 16022.5 and 17921.

– Reference Health and Safety Code Sections 13108, 13143, 13145, 13146, 16022.5 and 17921.

High-Rise Structures.

– Authority Cited Health and Safety Code Section 13211.

– Reference Health and Safety Code Section 13143.

Motion Picture Production Studios.

– Authority Cited Health and Safety Code Section 13143.1.

– Reference Health and Safety Code Section 13143.

Organized Camps.

– Authority Cited Health and Safety Code Section 18897.3.

– Reference Health and Safety Code Section 13143.

Residential. All hotels, motels, lodging houses, apartment houses, and dwellings, including congregate residences and buildings and structures accessory thereto. Multiple-story structures existing on January 1, 1975, let for human habita- tion, including and limited to, hotels, motels and apartment houses, less than 75 feet (22 860 mm) above the lowest floor level having building access, wherein rooms used for sleeping are let above the ground floor.

– Authority Cited Health and Safety Code Sections 13143.2 and 17921.

– Reference Health and Safety Code Section 13143.

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

– Authority Cited Health and Safety Code Section 13143.6.

– Reference Health and Safety Code Section 13143.

Tents, Awnings, or other Fabric Enclosures Used in Connec- tion with any Occupancy.

– Authority Cited Health and Safety Code Section 13116.

– Reference Health and Safety Code Section 13143.

Fire Alarm Devices, Equipment, and Systems in Connection with any Occupancy.

– Authority Cited Health and Safety Code Section 13114.

– Reference Health and Safety Code Section 13143.

Hazardous Materials.

– Authority Cited Health and Safety Code Section 13143.9.

– Reference Health and Safety Code Section 13143.

Flammable and Combustible Liquids.

– Authority Cited Health and Safety Code Section 13143.6.

– Reference Health and Safety Code Section 13143.

Public School Automatic Fire Detection, Alarm, and Sprin- kler Systems.

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

DIVISION I CALIFORNIA ADMINISTRATION

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

Wildland-Urban Interface Fire Area.

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

– References Health and Safety Code Sections 13143, Govern- ment Code Sections 51176, 51177, 51178, and 51179 and Public Resources Code Sections 4201 through 4204.

1.11.2 Duties and Powers of the Enforcing Agency.

1.11.2.1 Enforcement. 1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regu- lations of the State Fire Marshal shall except as provided in Section 1.11.2.1.2 be as follows: (1) The city, county, or city and county with jurisdic- tion in the area affected by the standard or regu- lation shall delegate the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to either of the following: 1.1. The chief of the fire authority of the city, county, or city and county, or an authorized representative. 1.2. The chief building official of the city, county, or city and county, or an authorized repre- sentative.

(2) The chief of any city or county fire department or of any fire protection district, and authorized representatives, shall enforce within the jurisdic- tion the building standards and other regulations of the State Fire Marshal, except those described in Item 1 or 4.

(3) The State Fire Marshal shall have authority to enforce the building standards and other regula- tions of the State Fire Marshal in areas outside of corporate cities and districts providing fire protection services.

(4) The State Fire Marshal shall have authority to enforce the building standards and other regula- tions of the State Fire Marshal in corporate cities and districts providing fire protection services on request of the chief fire official or the governing body.

(5) Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fee is charged pursuant to Section 66014 of the Government Code.

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

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

Any person may request a code interpretation from the State Fire Marshal relative to the intent of any regulation or provision adopted by the State Fire Marshal. When the request relates to a specific project, occupancy or building, the State Fire Marshal shall review the issue with the appropriate local enforcing agency prior to rendering such code interpretation. 1.11.2.1.3 Pursuant to Health and Safety Code Section 13112, any person who violates any order, rule or regulation of the State Fire Marshal is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or by impris- onment for not less than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues or permits a violation of any provision of, or any order, rule or regulation of, the State Fire Marshal as contained in this code.

al is guilty_ of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or by impris- onment for not less than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues or permits a violation of any provision of, or any order, rule or regulation of, the State Fire Marshal as contained in this code.

Any inspection authority who, in the exercise of his or her authority as a deputy State Fire Marshal,

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causes any legal complaints to be filed or any arrest to be made shall notify the State Fire Marshal imme- diately following such action. 1.11.2.2 Right of Entry. The fire chief of any city, county, or fire protection district, or such person’s authorized representative, may enter any state institution or any other state-owned or state-occupied building for the purpose of preparing a fire suppression preplanning program or for the purpose of investigating any fire in a state-occupied building. The State Fire Marshal, his or her deputies or salaried assistants, the chief of any city or county fire department or fire protection district and his or her authorized representatives may enter any building or premises not used for dwelling purposes at any reason- able hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies or salaried assistants and the chief of any city or county fire department or fire protection district and his or her authorized representatives to enter and inspect them at the time and for the purpose stated in this section. 1.11.2.3 More Restrictive Fire and Panic Safety Building Standards. 1.11.2.3.1 Any fire protection district organized pursuant to Health and Safety Code Part 2.7 (commencing with Section 13800) of Division 12 may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code. For these purposes, the district board shall be deemed a legislative body and the district shall be deemed a local agency. Any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety shall be subject to Section 1.1.8.1. 1.11.2.3.2 Any fire protection district that proposes to adopt an ordinance pursuant to this section shall, not less than 30 days prior to noticing a proposed ordi- nance for public hearing, provide a copy of that ordi- nance, together with the adopted findings made pursuant to Section 1.11.2.3.1, to the city, county, or city and county where the ordinance will apply. The city, county, or city and county may provide the district with written comments, which shall become part of the fire protection district’s public hearing record. 1.11.2.3.3 The fire protection district shall transmit the adopted ordinance to the city, county, or city and county where the ordinance will apply. The legisla- tive body of the city, county, or city and county may ratify, modify or deny an adopted ordinance and transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a written state- ment describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon rati-

and_ transmit its determination to the district within 15 days of the determination. Any modification or denial of an adopted ordinance shall include a written state- ment describing the reasons for any modifications or denial. No ordinance adopted by the district shall be effective until ratification by the city, county, or city and county where the ordinance will apply. Upon rati-

fication of an adopted ordinance, the city, county, or city and county shall file a copy of the findings of the district, and any findings of the city, county, or city and county, together with the adopted ordinance expressly marked and identified to which each finding refers, in accordance with Section 1.1.8.1, Item 3.

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

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

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

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

1.11.3 Construction Documents.

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

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

DIVISION I CALIFORNIA ADMINISTRATION

1.11.3.3 New Construction High-Rise Buildings:

(1) Complete plans or specifications, or both, shall be prepared covering all work required to comply with new construction high-rise buildings. Such plans and specifications shall be submitted to the enforcing agency having jurisdiction.

(2) All plans and specifications shall be prepared under the responsible charge of an architect or a civil or structural engineer authorized by law to develop construction plans and specifications, or by both such architect and engineer. Plans and specifications shall be prepared by an engineer duly qualified in that branch of engineering necessary to perform such serv- ices. Administration of the work of construction shall be under the charge of the responsible architect or engineer except that where plans and specifications involve alterations or repairs, such work of construc- tion may be administered by an engineer duly quali- fied to perform such services and holding a valid certificate under Chapter 7 (commencing with Section 65700) of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications and estimates and work of construction are applicable.

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

1.11.3.4 Existing High-Rise Buildings:

(1) Complete plans or specifications, or both, shall be prepared covering all work required by Section 3412 for existing high-rise buildings. Such plans or specifi- cations shall be submitted to the enforcing agency having jurisdiction.

(2) When new construction is required to conform with the provisions of these regulations, complete plans or specifications, or both, shall be prepared in accor- dance with the provisions of this subsection. As used in this section, “new construction” is not intended to include repairs, replacements or minor alterations which do not disrupt or appreciably add to or affect the structural aspects of the building.

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

1.11.4 Fees.

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

1.11.4.2 Large Family Day Care. Pursuant to Health and Safety Code Section 1597.46, Large Family Day Care Homes, the local government shall process any required

permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit

process.

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

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

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

Pursuant to Health and Safety Code Section 13235, a preinspection fee equal to, but not exceeding, the actual cost of the preinspection services may be charged for the preinspection of a facility.

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

Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regula- tions pursuant to state law or regulation or local ordinance, with respect to Residential Care Facilities for the Elderly (RCFE) which service six or fewer persons.

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

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1.11.5 Inspections. Work performed subject to the provisions of this code shall comply with the inspection requirements of Title 24, Part 2, California Building Standards Code, Sections 109.1, 109.3, 109.3.4, 109.3.5, 109.3.6, 109.3.8, 109.3.9, 109.3.10, 109.5, and 109.6 as adopted by the Office of the State Fire Marshal.

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

group.

1.11.6 Certificate of Occupancy. A Certificate of Occupancy shall be issued as specified in Title 24, Part 2, California Building Code, Section 111.

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

1.11.7 Temporary Structures and Uses. See Title 24, Part 2, California Building Code, Section 108.

1.11.8 Service Utilities. See Title 24, Part 2, California Building Code, Section 112.

1.11.9 Stop Work Order. See Title 24, Part 2, California Building Code, Section 115.

1.11.10 Unsafe Buildings, Structures, and Equipment. See Title 24, Part 2, California Building Code, Section 116.

1.11.11 Adopting Agency Identification. The provisions of this code applicable to buildings identified in this Section 1.11.0 will be identified in the Matrix Adoption Tables under the acronym SFM.

1.12.0 Reserved for the State Librarian.

1.13.0 Reserved for the Department of Water Resources.

1.14.0 Reserved for the State Lands Commission.

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DIVISION II

SCOPE AND ADMINISTRATION