CEBC · California Existing Building Code
Can an existing legal occupancy continue without change? (existing structures rule)
If your building was legally occupied when the California Existing Building Code took effect, you can generally keep that same occupancy without retrofitting — unless the CEBC, the California Fire Code, the IPMC, or your local code official find a specific safety reason to require changes. Check **§ 101.4.2** and **§ 102.6** and consult the code official before changing use or doing work that affects hazard or life-safety systems.
Last reviewed: July 6, 2026
What the code requires — 2-4 sentences
The short answer: an existing building that was legally occupied on the date of adoption of the code may generally continue that legal occupancy without change, unless the code itself, the California Fire Code, the International Property Maintenance Code, or the code official requires otherwise. This principle is set out in § 101.4.2 of the California Existing Building Code (CEBC) and mirrored in the applicability provisions in § 102.6.
The single most important rule: the legal occupancy of a building that existed on the code adoption date is “grandfathered” — it may continue as-is unless this code (or the Fire/IPMC) or the code official specifically requires changes (see § 101.4.2 and § 102.6).
Requirements in detail
Core rule — what “continue without change” means
- The CEBC allows the legal occupancy of an existing building to remain in effect after a new code is adopted, so long as that occupancy was lawful when the building existed on the adoption date. See § 101.4.2.
- The same principle appears in the applicability rules: where there is a conflict between general and specific provisions, the more specific (or the more restrictive) provision governs; see § 102.1 and the existing-structures statement in § 102.6.
When “continuing without change” does NOT apply (summary)
- If the CEBC or the California Fire Code or the International Property Maintenance Code specifically requires modification, the occupancy must be updated. See § 101.4.2.
- The code official may require changes if necessary for the general safety and welfare of occupants or the public. See § 101.4.2.
Decision-relevant dimensions (quick reference table)
| Decision factor | Typical values / thresholds | Code reference |
|---|---|---|
| Was the building previously occupied for the intended purpose? | Yes → may continue; No → must meet laws at time of original permit or new-construction rules (see exceptions) | § 101.4.1, § 101.4.2 |
| Date of adoption / existing on adoption date | Building must have been existing and legally occupied on the adoption date to benefit | § 101.4.2 |
| Authority to require changes | Code official may require changes deemed necessary for safety/welfare | § 101.4.2 |
| Conflicts among code provisions | Specific requirement overrides general; most restrictive governs | § 102.1 |
| Types of work covered by CEBC | Repair, alteration, change of occupancy, additions, relocation of existing buildings | § 101.2 |
| Interaction with Fire Code / IPMC | If CEBC or Fire Code or IPMC specifically covers the issue, that provision controls | § 101.4.2, § 102.6 |
How to apply the rule step-by-step
- Confirm the building was legally occupied on the code adoption date (eligible for continuation). See § 101.4.2.
- Check whether the planned action is merely continuing occupancy, or whether work (repair, alteration, addition, or change of occupancy) is proposed — those activities fall under CEBC scope § 101.2 and may trigger other provisions.
- Determine whether any specific CEBC, California Fire Code, or IPMC provision requires modification for the existing occupancy; if so, comply with that provision. See § 101.4.2 and § 102.6.
- If uncertain, consult the code official — the official has authority to require changes necessary for safety/welfare. See § 101.4.2.
Exceptions & special cases
- Buildings not previously occupied: a building (or portion) that was never previously occupied for its intended purpose must comply with the laws in effect at time of its original permit (or new-construction rules if permit expired). See § 101.4.1.
- When other codes control: if the CEBC or the California Fire Code or the International Property Maintenance Code specifically covers an issue, those specific requirements may override the general continuation principle. See § 101.4.2 and § 102.6.
- Code official discretion: the code official may require changes even when the general rule would allow continuation if necessary for public safety — this is not optional. See § 101.4.2.
- Work that changes occupancy or hazard: a true change of occupancy (or change to a higher-hazard use) triggers the CEBC change-of-occupancy provisions and related chapters (see related provisions below). See Chapters and sections addressing change of occupancy (e.g., § 506.1, § 1011.1) for details.
Common mistakes
- Assuming “grandfathered” means no inspection or no compliance ever: the code official can still order changes for safety per § 101.4.2.
- Confusing “vacant” with “never previously occupied.” A vacant building that was once legally occupied generally still qualifies for continuation; a building that was never occupied for its intended use is treated differently under § 101.4.1.
- Ignoring Fire Code or IPMC requirements — those codes can create specific triggers requiring upgrades even if CEBC would otherwise allow continuation. See § 101.4.2 and § 102.6.
- Overlooking change-of-occupancy rules: if the owner changes the business (e.g., office → restaurant) the CEBC’s change-of-occupancy provisions (Ch. 10/§ 506/§ 1011) may require system upgrades (sprinklers, egress, structural). See § 506.1 and § 1011.2.1.
Worked example — concrete scenario
Scenario: A 2,500 ft² retail store was legally occupied and operating on the date the current CEBC was adopted. The owner wants to keep the retail use and perform only cosmetic paint-and-flooring work.
Application of the rule:
- Because the store was legally occupied on the adoption date, the legal occupancy may continue without change under § 101.4.2. Cosmetic repairs that do not change occupancy or hazard are covered by the CEBC scope for repairs/alterations § 101.2.
- If the owner instead proposes converting the retail store to a sit-down restaurant with cooking appliances (a change to a higher fire risk), this is a change of occupancy. The owner must comply with change-of-occupancy requirements — for example, automatic sprinkler requirements or other fire-protection measures required by the new occupancy per § 1011.2.1 and the CEBC change-of-occupancy compliance rule § 506.1. The code official could require installation of sprinklers or other upgrades because the new use is more hazardous.
- If the proposed work is minor (cosmetic) and does not increase hazard, the occupancy can continue without system upgrades, but the work must still meet applicable CEBC repair/alteration provisions. See § 101.2.
Related provisions
- § 101.2 — Scope: repair, alteration, change of occupancy, addition, relocation (CEBC).
- § 101.4.1 — Buildings not previously occupied (different treatment).
- § 101.5 — Safeguards during construction.
- § 101.6 — Correction of violations of other codes (interaction with other maintenance codes).
- § 101.7 — Maintenance responsibilities (owners must maintain systems).
- § 102.1 — Conflicts and most restrictive rule governs.
- § 102.6 — Existing structures statement in applicability (mirrors § 101.4.2).
- § 301.3 — Methods of compliance for alterations/additions/changes of occupancy.
- § 506.1 — Change of occupancy compliance requirement.
- § 1011.2.1 — Automatic sprinkler system triggers where change of occupancy requires it.
Code references
Grounded in the retrieved California Existing Building Code — click a citation to read the verbatim passage:
CEBC § 101.3 High relevance — show source text
[A] 101.3 Purpose. The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to provide a reasonable level of safety, health, property protection and general welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings.
[A] 101.4 Applicability. This code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.
[A] 101.4.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the California Building Code or California Residential Code, as applicable, for new construction.
[A] 101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Fire Code, or the Inter- national Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
[A] 101.5 Safeguards during construction. Construction work covered in this code, including any related demolition, shall comply with the requirements of Chapter 15.
[A] 101.6 Correction of violations of other codes. Repairs or alterations mandated by any property, housing or fire safety maintenance code, or mandated by any licensing rule or ordinance adopted pursuant to law, shall conform only to the requirements of that code, rule or ordinance, and shall not be required to conform to this code unless the code requiring such repair or alteration so provides.
101.7 Maintenance. [BSC, DSA-SS, DSA-SS/CC, HCD 1, HCD 2] Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
[BSC, HCD 1, HCD 2] To determine compliance with this subsection, the building official shall have the authority to require a building or structure to be re-inspected.
2025 CALIFORNIA EXISTING BUILDING CODE 1-21
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
ADMINISTRATION
SECTION 102—APPLICABILITY
[A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
[A] 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
CEBC § 102.4.2 High relevance — show source text
[A] 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the California Codes specified in Section 101.4, the provisions of this code or the California Codes specified in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.4.3 Code references. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standards Codes.
102.4.4 Reference in standards. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code.
[A] 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code or the Cali- fornia Fire Code .
[A] 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of this code or the California Residential Code, as applicable, for new construction or with any current permit for such occupancy.
[A] 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Fire Code or California Existing Building Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103—CODE COMPLIANCE AGENCY
[A] 103.1 Creation of enforcement agency. The [ INSERT NAME OF DEPARTMENT ] is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
[A] 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
[A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official.
1-24 2025 CALIFORNIA BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
ADMINISTRATION
CEBC § 101.1 High relevance — show source text
This code is intended to be adopted as a legally enforceable document, and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the registered design professional, contractor and property owner.
Section 104 was revised for the 2024 edition of the IEBC. For complete information, see the Relocations table in the Preface of this code.
PART 1—SCOPE AND APPLICATION
SECTION 101—SCOPE AND GENERAL REQUIREMENTS
[A] 101.1 Title. These regulations shall be known as the Existing Building Code of [ NAME OF JURISDICTION ], herein-after referred to as “this code.”
[A] 101.2 Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.
[A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted or referenced.
101.2.2 Application of fire code. Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the California Fire Code, such work shall comply with applicable requirements in both codes.
[A] 101.3 Purpose. The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to provide a reasonable level of safety, health, property protection and general welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings.
[A] 101.4 Applicability. This code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, regardless of occupancy, subject to the criteria of Sections 101.4.1 and 101.4.2.
[A] 101.4.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the California Building Code or California Residential Code, as applicable, for new construction.
[A] 101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the California Fire Code, or the Inter- national Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.
[A] 101.5 Safeguards during construction. Construction work covered in this code, including any related demolition, shall comply with the requirements of Chapter 15.
CEBC § 101.4.8 High relevance — show source text
[OSHPD 1R, 2, 4 & 5] The provisions of the California Existing Building Code, Chapters 2, 3, 4 and 5 shall apply to all matters govern- ing the repairs, alterations, change of occupancy, additions and relocation of existing structures and portions thereof under OSHPD jurisdiction.
101.4.8 Wildland-urban interface. The provisions of Part 7, the California Wildland-Urban Interface Code shall apply to buildings and structures built in the wildland-urban interface (WUI) or a Fire Hazard Severity Zone.
SECTION 102—APPLICABILITY
[A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
[A] 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
[A] 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
[A] 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.4.
[A] 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
[A] 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the California Codes specified in Section 101.4, the provisions of this code or the California Codes specified in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.4.3 Code references. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All reference to International Codes or other similar codes in referenced standards shall be replaced by equivalent provisions in the California Building Standards Codes.
102.4.4 Reference in standards. [OSHPD 1, 1R, 2, 3, 4, 5 & 6, DSA-SS & DSA-SS/CC] All references listed in reference standards shall be replaced by referenced standards listed in Chapter 35 of this code, where applicable, and shall include all amendments to the reference standards in this code.
[A] 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code or the Cali- fornia Fire Code .
CEBC § 1.11. High relevance — show source text
The state agency does not adopt sections identified with the following symbol: The Office of the State Fire Marshal’s adoption of this chapter or individual sections is applicable to structures regulated by other state agencies pursuant to Section 1.11.
2025 CALIFORNIA EXISTING BUILDING CODE 13-1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
13-2 2025 CALIFORNIA EXISTING BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
13 PERFORMANCE COMPLIANCE METHODS
Not adopted by the State of California (May be available for adoption by local ordinance. See Section 1.1.11.) (See Section 104.11 for consideration of alternative means of compliance.)
User notes:
About this chapter: Chapter 13 allows for existing buildings to be evaluated so as to show that alterations, while not meeting new construction requirements, will improve the current existing situation. Provisions are based on a numerical scoring system involving 21 various safety parameters and the degree of code compliance for each issue.
SECTION 1301—GENERAL
1301.1 Scope. The provisions of this chapter shall apply to the alteration, addition and change of occupancy of existing structures, including historic structures, as referenced in Section 301.3.3. The provisions of this chapter are intended to maintain or increase the current degree of public safety, health and general welfare in existing buildings while permitting, alteration, addition and change of occupancy without requiring full compliance with Chapters 6 through 12, except where compliance with the prescriptive method of Chapter 5 or the work area method of other provisions of this code is specifically required in this chapter.
1301.1.1 Compliance with other methods. Alterations, additions and changes of occupancy to existing structures shall comply with the provisions of this chapter or with one of the methods provided in Section 301.3.
SECTION 1302—APPLICABILITY
1302.1 General. Existing buildings in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 6 through 12. The provisions of Sections 1302.1.1 through 1302.1.6 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, I-2, M, R and S. These provisions shall also apply to Group U occupancies where such occupancies are undergoing a change of occupancy or a partial change in occupancy with separations in accordance with Section 1302.1.2. These provisions shall not apply to buildings with occupancies in Group H, I-1, I-3 or I-4.
1302.1.1 Change in occupancy. Where an existing building is changed to a new occupancy classification and this section is applicable, the provisions of this section for the new occupancy shall be used to determine compliance with this code.
1302.1.2 Partial change in occupancy. Where a portion of the building is changed to a new occupancy classification and that portion is separated from the remainder of the building with fire barrier or horizontal assemblies having a fire-resistance rating as required by Table 508.4 of the International Building Code or Section R302 of the International Residential Code for the separate occupancies, or with approved compliance alternatives, the portion changed shall be made to conform to the provisions of this section. Only the portion separated shall be required to be evaluated for compliance.
CEBC § 506.1 High relevance — show source text
SECTION 506—CHANGE OF OCCUPANCY
506.1 Compliance. A change of occupancy shall not be made in any building unless that building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes of occupancy in a building or portion thereof shall be such that the existing building is not less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the code official, changes of occupancy shall be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on life and fire risk, than the existing occupancy.
Exception: The building need not be made to comply with Chapter 16 of the California Building Code unless required by Section 506.5.
506.1.1 Change in the character of use. A change of occupancy with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable California Codes, without approval of the code official. Compliance shall be only as necessary to meet the specific provisions and is not intended to require the entire building be brought into compliance.
506.1.2 Change in function. [OSHPD 1R, 2, 4 and 5] A change in function shall require compliance with all the functional require- ments for new construction in the California Building Code, including requirements in Sections 1224, 1225, 1226, 1227 and 1228.
Exception [OSHPD 1R] : Hospital buildings removed from acute care service adapted for re-use as skilled nursing facilities, acute psychiatric hospitals or out-patient services of a hospital may be permitted to meet the minimum room clearances, areas and dimensions of the 2001 California Building Code for existing rooms re-used for a similar purpose, subject to the approval of OSHPD.
506.2 Certificate of occupancy. A certificate of occupancy shall be issued where it has been determined that the requirements for the new occupancy classification have been met.
506.3 Stairways. An existing stairway shall not be required to comply with the requirements of Section 1011 of the California Build- ing Code where the existing space and construction does not allow a reduction in pitch or slope.
506.4 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031.1 of the California Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:
- An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m [2] ) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm).
- A replacement window where such window complies with both of the following: 2.1. The replacement window meets the size requirements in Item 1. 2.2. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
[BS] 506.5 Structural. Any building undergoing a change of occupancy shall satisfy the requirements of this section.
CEBC § 1006.3 High relevance — show source text
Exception: Where the area of the new occupancy is less than 10 percent of the building area. The cumulative effect of occupancy changes over time shall be considered.
[BS] 1006.3 Seismic loads. Where a change of occupancy results in a building being assigned to a higher risk category, or where the change is from a Group S or Group U occupancy to any occupancy other than Group S or Group U, the lateral force-resisting system of the building shall comply with Section 304.3.1 for the new risk category. Where a change of occupancy results in a building being assigned to Risk Category IV and Seismic Design Category D or F, nonstructural components serving any portion of the building changed to Risk Category IV shall comply with the requirements of Section 1613 of the California Building Code or shall comply with ASCE 41 using an objective of operational nonstructural performance with the BSE-1N earthquake hazard level.
Exceptions:
Where a change of use results in a building being reclassified from Risk Category I or II to Risk Category III and the seismic coefficient, S DS, is less than 0.33, compliance with this section is not required.
Where the area of the new occupancy is less than 10 percent of the building area, the occupancy is not changing from a Group S or Group U occupancy, and the new occupancy is not assigned to Risk Category IV, compliance with this section is not required. The cumulative effect of occupancy changes over time shall be considered.
Reserved.
Where the change is from a Group S or Group U occupancy and there is no change of risk category, compliance with Section 304.3.2 shall be permitted.
[BS] 1006.4 Access to Risk Category IV. Any structure that provides operational access to an adjacent structure assigned to Risk Category IV as the result of a change of occupancy shall itself comply with Sections 1608 and 1609 of the California Building Code and Section 304.3.1 of this code. Where operational access to Risk Category IV is less than 10 feet (3048 mm) from either an interior lot line or from another structure, access protection from potential falling debris shall be provided.
SECTION 1007—ELECTRICAL
1007.1 Special occupancies. Where the occupancy of an existing building or part of an existing building is changed to one of the following special occupancies as described in the California Electrical Code, the electrical wiring and equipment of the building or portion thereof that contains the proposed occupancy shall comply with the applicable requirements of the California Electrical Code :
Hazardous locations.
Commercial garages, repair and storage.
Aircraft hangars.
Gasoline dispensing and service stations.
Bulk storage plants.
Spray application, dipping and coating processes.
Reserved.
Places of assembly.
Theaters, audience areas of motion picture and television studios, and similar locations.
Motion picture and television studios and similar locations.
Motion picture projectors.
Agricultural buildings.
1007.2 Unsafe conditions. Where the occupancy of an existing building or part of an existing building is changed, all unsafe conditions shall be corrected without requiring that all parts of the electrical system comply with the California Electrical Code .
1007.3 Service upgrade. Where the occupancy of an existing building or part of an existing building is changed, electrical service shall be upgraded to meet the requirements of the California Electrical Code for the new occupancy.
CEBC § 1.10.1 High relevance — show source text
**_ The provisions of adopted sections in Chapters 3 through 5 shall control the alteration, repair and change of occupancy or function of existing structures for applications listed in Section 1.10.1, 1.10.2, 1.10.4 and 1.10.5 regulated by the Department of Health Care Access and Information/Office of Statewide Hospital Planning and Development (OSHPD). Functional service spaces shall comply with the requirements in the California Building Code, Sections 1224, 1225, 1226, 1227 and 1228.
301.1.1 Bleachers, folding and telescopic seating and grandstands. Existing bleachers, folding and telescopic seating and grandstands shall comply with ICC 300.
301.2 Repairs. Repairs shall comply with the requirements of Chapter 4.
301.3 Alteration, addition or change of occupancy. The alteration, addition or change of occupancy of all existing buildings shall comply with one of the methods listed in Section 301.3.1, 301.3.2 or 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be applied in combination with each other. [OSHPD 1R, 2, 4 and 5] Sections 301.3.2 and 301.3.3, not adopted by OSHPD.
Exception: Subject to the approval of the code official, alterations complying with the laws in existence at the time the building or the affected portion of the building was built shall be considered in compliance with the provisions of this code. New structural
2025 CALIFORNIA EXISTING BUILDING CODE 3-3
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
PROVISIONS FOR ALL COMPLIANCE METHODS
members added as part of the alteration shall comply with the California Building Code . This exception shall not apply to the following:
Alterations for accessibility required by the California Building Code, Chapter 11A.
Alterations that constitute substantial improvement in flood hazard areas, which shall comply with Sections 503.2, 701.3 or 1303.1.3.
Structural provisions of Section 304, Chapter 5 or to the structural provisions of Sections 706, 805 and 906.
301.3.1 Prescriptive compliance. Alterations, additions and changes of occupancy complying with Chapter 5 of this code in buildings complying with the California Fire Code shall be considered in compliance with the provisions of this code.
Exception: Hospital buildings removed from acute care service, skilled nursing facilities, intermediate-care facilities, correctional treatment centers and acute psychiatric hospitals [OSHPD 1R, 2, 4 and 5]. The provisions of adopted sections in Chapters 3 through 5 shall control the alteration, repair and change of occupancy or function of existing structures for applications listed in Section 1.10.1, 1.10.2, 1.10.4 and 1.10.5 regulated by the Department of Health Care Access and Information/Office of Statewide Hospital Planning and Development (OSHPD). Refer to Chapter 3A for services, systems and utilities that serve OSHPD 1 buildings.
CEBC § 301.1 High relevance — show source text
SECTION 301—ADMINISTRATION
301.1 Applicability. The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with Section 301.2, 301.3 or 301.4. The provisions of Sections 302 through 309 shall apply to all alterations, repairs, additions, relocation of structures and changes of occupancy regardless of compliance method. [OSHPD 1R, 2, 4 and 5] Section 301.4 not permitted by OSHPD.
Exceptions: 1. Existing state-owned structures. [BSC] The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with the provisions of Sections 317 through 322 as the minimum standards for earthquake evaluation and design for retrofit of existing state-owned structures, including buildings owned by the University of California, the California State University or the Judicial Council. The provisions of Sections 317 through 322 may be adopted by a local jurisdiction for earthquake evaluation and design for retrofit of existing buildings. 2. Public school buildings [DSA-SS] The provisions of Sections 317 through 323 establish minimum standards for earthquake evaluation and design for the rehabilitation of existing buildings for use as public school buildings under the jurisdiction of the Division of the State Architect—Structural Safety (DSA-SS, refer to Section 1.9.2.1) where required by Sections 4-307 and 4-309(c) of the California Administrative Code. The provisions of Sections 317 through 323 also establish minimum standards for earthquake evaluation and design for rehabilitation of existing public school buildings currently under the jurisdiction of DSA-SS. 3. Community college buildings. [DSA-SS/CC] The provisions of Sections 317 through 323 establish minimum standards for earthquake evaluation and design for the rehabilitation of existing buildings for use as community college buildings under the jurisdiction of the Division of the State Architect—Structural Safety/Community Colleges (DSA-SS/CC, refer to Section 1.9.2.2) where required by Sections 4-307 and 4-309(c) of the California Administrative Code. The provisions of Sections 317 through 323 also establish minimum standards for earthquake evaluation and design for rehabilitation of existing community college buildings currently under the jurisdiction of DSA-SS/CC. 4. [HCD 1] In addition to the requirements in this chapter, maintenance, alteration, repair, addition or change of occupancy to existing buildings and accessory structures under the authority of the Department of Housing and Community Development, as provided in Section 1.8.2.1.1, shall comply with California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.
Exceptions: 1. [HCD 2] For moved buildings and maintenance, alteration, repair, addition or change of occupancy to existing buildings and accessory structures in mobilehome parks or special occupancy parks as provided in Section 1.8.2.1.3, see California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2. 2. [HCD 1] Limited-density owner-built rural dwellings, as defined in Chapter 2 of the California Residential Code. _**5.
CEBC § 101.1 High relevance — show source text
PART 1—GENERAL PROVISIONS
SECTION 101—SCOPE AND GENERAL REQUIREMENTS
Note: Sections adopted or amended by state agencies are specifically indicated by an agency banner or indicated in the Matrix Adoption Table.
[A] 101.1 Title. These regulations shall be known as the Fire Code of [ NAME OF JURISDICTION ], hereinafter referred to as “this code.”
[A] 101.2 Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following:
- The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
- Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
- Fire hazards in the structure or on the premises from occupancy or operation.
- Matters related to the construction, extension, repair, alteration or removal of fire protection systems.
- Conditions affecting the safety of firefighters and emergency responders during emergency operations.
[A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
[A] 101.3 Purpose. The purpose of this code is to establish the minimum requirements for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations.
[A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
[A] 101.5 Validity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions hereof, which are determined to be legal; and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.
SECTION 102—APPLICABILITY
[A] 102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:
- Structures, facilities and conditions arising after the adoption of this code.
- Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
- Existing structures, facilities and conditions where required in Chapter 11.
- Existing structures, facilities and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life or property.
[A] 102.2 Administrative, operational and maintenance provisions. The administrative, operational and maintenance provisions of this code shall apply to:
- Conditions and operations arising after the adoption of this code.
- Existing conditions and operations.
[A] 102.3 Change of use or occupancy. A change of occupancy shall not be made unless the use or occupancy is made to comply with the requirements of this code and the California Existing Building Code .
Exception: Where approved by the fire code official, a change of occupancy shall be permitted without complying with the requirements of this code and the California Existing Building Code, provided that the new or proposed use or occupancy is less hazardous, based on life and fire risk, than the existing use or occupancy.
2025 CALIFORNIA FIRE CODE 1-13
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
CEBC § 2.1 High relevance — show source text
Exceptions:
- Any stairway replacing an existing stairway within a space where the pitch or slope cannot be reduced shall not be required to comply with the maximum riser height and minimum tread depth requirements.
- In Group R-2.1 and I-2 facilities, required guards enclosing the occupiable roof areas shall be permitted to be greater than 48 inches (1219 mm) above the surface of the occupiable roof where the occupants, because of clinical needs, require restraint or containment as part of a function of a psychiatric or cognitive treatment area.
1011.5.3 Egress capacity. Egress capacity shall meet or exceed the occupant load as specified in the California Building Code for the new occupancy.
1011.5.4 Handrails. Existing stairways shall comply with the handrail requirements of Section 804.13.
1011.5.5 Guards. Existing guards shall comply with the requirements in Section 804.12.
1011.5.6 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031 of the California Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:
- An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m [2] ) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm).
- A replacement window where such window complies with both of the following: 2.1. The replacement window meets the size requirements in Item 1. 2.2. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.
10-6 2025 CALIFORNIA EXISTING BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
CHANGE OF OCCUPANCY
1011.6 Heights and areas. Hazard categories in regard to height and area shall be in accordance with Table 1011.6.
TABLE 1011.6—HEIGHTS AND AREAS HAZARD CATEGORIES Col2 RELATIVE HAZARD OCCUPANCY CLASSIFICATIONS 1 (Highest Hazard) H 2 A-1; A-2; A-3; A-4; I; R-1; R-2; R-4, Condition 2 3 E; F-1; S-1; M 4 (Lowest Hazard) B; F-2; S-2; A-5; R-3; R-4, Condition 1; U 1011.6.1 Height and area for change to a higher-hazard category. Where a change of occupancy classification is made to a higher-hazard category as shown in Table 1011.6, heights and areas of buildings and structures shall comply with the requirements of Chapter 5 of the California Building Code for the new occupancy classification.
Exceptions:
- For high-rise buildings constructed in compliance with a previously issued permit, the type of construction reduction specified in Section 403.2.1 of the California Building Code is permitted. This shall include the reduction for columns.
CEBC § 1007.1 High relevance — show source text
3 Exception 3|X|||||||||||||||||||||||| |1007||||†|†|||||||||||||||||||| |1007.1|||X|||||||||||||||||||||| |1009.2 – 1009.4||||†|†|||||||||||||||||||| |1011.2.1|||X|||||||||||||||||||||| |1011.2.2|||X|||||||||||||||||||||| |1011.4||||†|†|||||||||||||||||||| |1011.5.1|||X|||||||||||||||||||||| |1011.5.1 Exception 8||||†|†|||||||||||||||||||| |Table 1011.5|||X|||||||||||||||||||||| |1011.5.2|||X|||||||||||||||||||||| |1011.5.2 Exception 2||||†|†|||||||||||||||||||| |1011.5.4|||X|||||||||||||||||||||| |1011.5.5|||X|||||||||||||||||||||| |1011.6.1 Exception 1||||†|†|||||||||||||||||||| |1011.7.1 Exception||||†|†|||||||||||||||||||| |1011.8.2|||X||||||||||||||||||||||
The state agency does not adopt sections identified with the following symbol: The Office of the State Fire Marshal’s adoption of this chapter or individual sections is applicable to structures regulated by other state agencies pursuant to Section 1.11.
2025 CALIFORNIA EXISTING BUILDING CODE 10-1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
10-2 2025 CALIFORNIA EXISTING BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
10 CHANGE OF OCCUPANCY
User notes:
About this chapter : The purpose of this chapter is to provide regulations for the circumstances where an existing building is subject to a change of occupancy or a change of occupancy classification. A change of occupancy is not to be confused with a change of occupancy classification. The California Building Code defines different occupancy classifications in Chapter 3 and special occupancy requirements in Chapter 4. Within specific occupancy classifications there can be many different types of actual activities that can take place. For instance, a Group A-3 occupancy classification deals with a wide variation of different types of activities, including bowling alleys and courtrooms, indoor tennis courts and dance halls. When a facility changes use from, for example, a bowling alley to a dance hall, the occupancy classification remains A-3, but the different uses could lead to drastically different code requirements. Therefore, this chapter deals with the special circumstances that are associated with a change in the use of a building within the same occupancy classification as well as a change of occupancy classification.
SECTION 1001—GENERAL
1001.1 Scope. The provisions of this chapter shalle a change of occupancy occurs, as defined in Section 202.
1001.2 Certificate of occupancy. A change of occupancy or a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of th apply where current California Building Code than exists in the current building or space shall not be made to any structure without the approval of the code official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change of occupancy have been met.
Frequently asked questions
Does “legally occupied on the adoption date” mean any occupancy that was simply in use that day?
No — it must have been a legal occupancy at the time the code was adopted (i.e., lawful under the rules then in effect). If it was never legally occupied for the intended use, see § 101.4.1.
If I do minor repairs, do I lose the grandfathering protection?
Minor repairs or cosmetic work generally do not force a change in occupancy requirements; the CEBC covers repairs and alterations in § 101.2. However, if the repair triggers a specific CEBC, Fire Code, or IPMC provision, the specific requirement applies.
Who can require that an existing occupancy be changed or upgraded?
The code official has authority to require changes deemed necessary for the general safety and welfare of occupants and the public, per § 101.4.2.
If I change my use to something with higher fire risk, what happens?
A change-of-occupancy may trigger CEBC change-of-occupancy provisions and Fire Code thresholds — for example, sprinkler or alarm requirements under § 1011.2.1 and compliance requirements in § 506.1.
Does the CEBC override the California Fire Code?
No. The CEBC and the California Fire Code both apply; where a subject is specifically covered by the Fire Code (or IPMC), that provision may require changes even when CEBC would otherwise allow continuation. See § 101.4.2 and § 102.6.
More in California Existing Building Code
- Administration and Definitions (Scope, enforcement, code official duties, definitions)
- Provisions for All Compliance Methods (general requirements that apply to all compliance options; Chapter 3 / 3A)
- Seismic retrofit and evaluation (Appendix A and seismic provisions/sections for evaluation and retrofit)
- Referenced Standards and Appendices (Chapter 16 and Appendices A–E, Resource A)
- Repairs (Chapter 4 — repair-specific rules for materials, means of egress, structural, MEP, etc.)
- Alterations — Level 1, Level 2, Level 3 (technical requirements for each alteration level; Chapters 7–9)
- Change of Occupancy and Additions (requirements for occupancy changes and additions; Chapters 10–11)
- Compliance Methods — Prescriptive, Work Area, Performance (Chapters 5, 6–11, 13)
- Relocated Buildings (requirements for buildings moved or relocated; Chapter 14)
- Construction Safeguards (site safety, means of egress and life-safety during construction; Chapter 15)
Ask about the CEBC
Get cited, plain-English answers on the California Existing Building Code for your project — any code section, any scenario.
Start Free Trial