Enforcement, documentation & appeals

Grounded in the retrieved California Historical Building Code — click a citation to read the verbatim passage:

• CHBC § 8-102.1.6 High relevance — show source text

  8-102.1.6 Additional work. Qualified historical buildings or properties shall not be subject to additional work required by the regular code, regulation or ordinance beyond that required to complete the work undertaken. Certain exceptions for accessibility and for distinct hazards exist by mandate and may require specific action, within the parameters of the CHBC.

  SECTION 8-103 — ORGANIZATION AND ENFORCEMENT

  8-103.1 Authority. The state or local enforcing agency, pursuant to authority provided under Section 18954 of the Health and Safety Code, shall administer and enforce the provisions of the CHBC in permitting repairs, alterations and additions necessary for the preservation, restoration, reconstruction, rehabilitation, relocation or continued use of a qualified historical building or property.

  8-103.2 State enforcement. All state agencies pursuant to authority provided under Section 18954 and Section 18961 of the Health and Safety Code shall administer and enforce the CHBC with respect to qualified historical buildings or properties under their respective jurisdiction.

  8-103.3 Liability. Prevailing law regarding immunity of building officials is unaffected by the use and enforcement of the CHBC.

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  ADMINISTRATION

  SECTION 8-104 — REVIEW AND APPEALS

  8-104.1 State Historical Building Safety Board (SHBSB or Board). In order to provide for interpretation of the provisions of the CHBC and to hear appeals, the SHBSB shall act as an appeal and review body to state and local agencies or any affected party.

  8-104.2 SHBSB review. When a proposed design, material or method of construction is being considered by the enforcing agency, the agency chief, the building official or the local board of appeals may file a written request for opinion to the SHBSB for its consideration, advice or findings. In considering such request, the SHBSB may seek the advice of other appropriate private or public boards, individuals, or state or local agencies. The SHBSB shall, after considering all of the facts presented, including any recommendation of other appropriate boards, agencies or other parties, determine if, for the purpose intended, the proposal is reasonably equivalent to that allowed by these regulations in proposed design, material or method of construction, and it shall transmit such findings and its decision to the enforcing agency for its application. The Board may recover the costs of such reviews and shall report the decision in printed form, copied to the California Building Standards Commission.

  8-104.2.1 State agencies. All state agencies with ownership of, or that act on behalf of state agency owners of, qualified historical buildings or properties, shall consult and obtain SHBSB review prior to taking action or making decisions or appeals that affect qualified historical buildings or properties, per Section 18961 of the Health and Safety Code.

  8-104.2.2 Imminent threat. Where an emergency is declared and a qualified historical building or property is declared an imminent threat to life and safety, the state agency assessing such a threat shall consult with the SHBSB before any demolition is undertaken, per Section 18961 of the Health and Safety Code.

• CHBC § 8-104.2 High relevance — show source text

  8-104.2 SHBSB review. When a proposed design, material or method of construction is being considered by the enforcing agency, the agency chief, the building official or the local board of appeals may file a written request for opinion to the SHBSB for its consideration, advice or findings. In considering such request, the SHBSB may seek the advice of other appropriate private or public boards, individuals, or state or local agencies. The SHBSB shall, after considering all of the facts presented, including any recommendation of other appropriate boards, agencies or other parties, determine if, for the purpose intended, the proposal is reasonably equivalent to that allowed by these regulations in proposed design, material or method of construction, and it shall transmit such findings and its decision to the enforcing agency for its application. The Board may recover the costs of such reviews and shall report the decision in printed form, copied to the California Building Standards Commission.

  8-104.2.1 State agencies. All state agencies with ownership of, or that act on behalf of state agency owners of, qualified historical buildings or properties, shall consult and obtain SHBSB review prior to taking action or making decisions or appeals that affect qualified historical buildings or properties, per Section 18961 of the Health and Safety Code.

  8-104.2.2 Imminent threat. Where an emergency is declared and a qualified historical building or property is declared an imminent threat to life and safety, the state agency assessing such a threat shall consult with the SHBSB before any demolition is undertaken, per Section 18961 of the Health and Safety Code.

  8-104.3 SHBC appeals. If any local agency administering and enforcing the CHBC or any person adversely affected by any regulation, rule, omission, interpretation, decision or practice of the agency enforcing the CHBC wishes to appeal the issue for resolution to the SHBSB, either of these parties may appeal directly to the Board. The Board may accept the appeal only if it determines that issues involved are of statewide significance. The Board may recover the costs of such reviews and shall make available copies of decisions in printed form at cost, copied to the California Building Standards Commission.

  8-104.4 Local agency fees. Local agencies, when actively involved in the appeal, may also charge affected persons reasonable fees not to exceed the cost of obtaining reviews and appeals from the Board.

  SECTION 8-105 — CONSTRUCTION METHODS AND MATERIALS

  8-105.1 Repairs. Repairs to any portion of a qualified historical building or property may be made in-kind with historical materials and the use of original or existing historical methods of construction, subject to conditions of the CHBC. (See Chapter 8-8.)

  8-105.2 Solutions to the California Historical Building Code . Solutions provided in the CHBC, or any other acceptable regulation or methodology of design or construction and used in whole or in part, with the regular code, or with any combination of the regular code and the CHBC, shall be allowed. The CHBC does not preclude the use of any proposed alternative or method of design or construction not specifically prescribed or otherwise allowed by these regulations. Any alternative may be submitted for evaluation to the appropriate enforcing agency for review and acceptance. The enforcing agency may request that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding such solutions. Any alternative offered in lieu of that prescribed or allowed in the CHBC shall be reasonably equivalent in quality, strength, effectiveness, durability and safety to that of the CHBC.

• CHBC § 8-102.1.1 High relevance — show source text

  2. State agencies. All state agencies shall apply the provisions of the CHBC in permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, safety, relocation, reconstruction or continued use of qualified historical buildings or properties.

  8-102.1.1 Additions, alterations and repairs. It is the intent of the CHBC to allow nonhistorical expansion or addition to a qualified historical building or property, provided nonhistorical additions shall conform to the requirements of the regular code (as defined in Chapter 8-2).

  8-102.1.2 Relocation. Relocated qualified historical buildings or properties shall be sited to comply with the regular code or with the solutions listed in the CHBC. Nonhistorical new construction related to relocation shall comply with the regular code. Reconstruction and restoration related to relocation is permitted to comply with the provisions in the CHBC.

  8-102.1.3 Change of occupancy. For change of use or occupancy, see Chapter 8-3, Use and Occupancy.

  8-102.1.4 Continued use. Qualified historical buildings or properties may have their existing use or occupancy continued if such use or occupancy conformed to the code or to the standards of construction in effect at the time of construction, and such use or occupancy does not constitute a distinct hazard to life safety as defined in the CHBC.

  8-102.1.5 Unsafe buildings or properties. When a qualified historical building or property is determined to be unsafe as defined in the regular code, the requirements of the CHBC are applicable to the work necessary to correct the unsafe conditions. Work to remediate the buildings or properties need only address the correction of the unsafe conditions, and it shall not be required to bring the entire qualified historical building or property into compliance with regular code.

  8-102.1.6 Additional work. Qualified historical buildings or properties shall not be subject to additional work required by the regular code, regulation or ordinance beyond that required to complete the work undertaken. Certain exceptions for accessibility and for distinct hazards exist by mandate and may require specific action, within the parameters of the CHBC.

  SECTION 8-103 — ORGANIZATION AND ENFORCEMENT

  8-103.1 Authority. The state or local enforcing agency, pursuant to authority provided under Section 18954 of the Health and Safety Code, shall administer and enforce the provisions of the CHBC in permitting repairs, alterations and additions necessary for the preservation, restoration, reconstruction, rehabilitation, relocation or continued use of a qualified historical building or property.

  8-103.2 State enforcement. All state agencies pursuant to authority provided under Section 18954 and Section 18961 of the Health and Safety Code shall administer and enforce the CHBC with respect to qualified historical buildings or properties under their respective jurisdiction.

  8-103.3 Liability. Prevailing law regarding immunity of building officials is unaffected by the use and enforcement of the CHBC.

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  ADMINISTRATION

  SECTION 8-104 — REVIEW AND APPEALS

  8-104.1 State Historical Building Safety Board (SHBSB or Board). In order to provide for interpretation of the provisions of the CHBC and to hear appeals, the SHBSB shall act as an appeal and review body to state and local agencies or any affected party.

  **8-104.2 SHBSB review.

• CHBC § 1.8.8 High relevance — show source text

  SECTION 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 knowledgeable 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, maintenance and change of occupancy of buildings and structures, 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 in law, any person, firm or corporation adversely affected by a decision, order or determi- nation by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, 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 hous- ing 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.

  SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES

  _**1.8.9.1 Authority to enforce.

• CHBC § 8-604 High relevance — show source text

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  ACCESSIBILITY

  SECTION 8-604 — EQUIVALENT FACILITATION

  Use of other designs and technologies, or deviation from particular technical and scoping requirements, are permitted if the application of the alternative provisions contained in Section 8-603 would threaten or destroy the historical significance or characterdefining features of the historical building or property.

  1. Such alternatives shall be applied only on an item-by- item or a case-by-case basis.
  2. Access provided by experiences, services, functions, materials and resources through methods including, but not limited to, maps, plans, videos, virtual reality and related equipment, at accessible levels. The alternative design and/or technologies used will provide substantially equivalent or greater accessibility to, and usability of, the facility.
  3. The official charged with the enforcement of the standards shall document the reasons for the application of the design and/or technologies and their effect on the historical significance or character-defining features. Such documentation shall be in accordance with Section 8-602.2, Item 2, and shall include the opinion and comments of state or local accessibility officials, and the opinion and comments of representative local groups of people with disabilities. Such documentation shall be retained in the permanent file of the enforcing agency. Copies of the required documentation should be available at the facility upon request.

  Note: For commercial facilities and places of public accommodation (Title III entities).

  Equivalent facilitation for an element of a building or property when applied as a waiver of an ADA accessibility requirement will not be entitled to the Federal Department of Justice certification of this code as rebuttable evidence of compliance for that element.

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  8-7 STRUCTURAL REGULATIONS

  SECTION 8-701 — PURPOSE, INTENT AND SCOPE

  8-701.1 Purpose. The purpose of the CHBC is to provide alternative regulations to the regular code for the structural safety of buildings designated as qualified historical buildings or properties. The CHBC requires enforcing agencies to accept any reasonably equivalent alternatives to the regular code when dealing with qualified historical buildings or properties.

  8-701.2 Intent. The intent of this chapter is to encourage the preservation of qualified historical buildings or structures while providing standards for a minimum level of building performance with the objective of preventing partial or total structural collapse such that the overall risk of life-threatening injury as a result of structural collapse is low.

  8-701.3 Application. The alternative structural regulations provided by Section 8-705 are to be applied in conjunction with the regular code whenever a structural upgrade or reconstruction is undertaken for qualified historical buildings or properties.

  SECTION 8-702 — GENERAL

  8-702.1 The CHBC shall not be construed to allow the enforcing agency to approve or permit a lower level of safety of structural design and construction than that which is reasonably equivalent to the regular code provisions in occupancies which are critical to the safety and welfare of the public at large, including, but not limited to, public and private schools, hospitals, municipal police and fire stations and essential services facilities.

  8-702.2 Nothing in these regulations shall prevent voluntary and partial seismic upgrades when it is demonstrated that such upgrades will improve life safety and when a full upgrade would not otherwise be required.

• CHBC § 1-11 High relevance — show source text

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  ADMINISTRATION

  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 accessibility in covered multifamily dwellings or in facilities serving covered multifam- ily dwellings as defined in Chapter 2, the proposed alternate must also meet the threshold set for equivalent facilitation as defined in Chapter 2.

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

  1.8.7.3 Department of Housing and Community Development. The Department of Housing and Community Development may approve alternates for use in the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal or demolition of apartments, condominiums, hotels, motels, lodging houses, dwellings or an accessory thereto and permanent buildings in mobilehome parks and special occupancy parks. The consideration and approval of alternates shall comply with the following: 1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance 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.

  SECTION 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 knowledgeable 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, maintenance and change of occupancy of buildings and structures, 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.

• CHBC § 8-1 High relevance — show source text

  CONTENTS

  CHAPTER 8-1 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . 1

  Section

  8-101 Title, Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . 1 8-102 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8-103 Organization and Enforcement . . . . . . . . . . . . . . . . . . . 1 8-104 Review and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8-105 Construction Methods and Materials . . . . . . . . . . . . . . 2

  8-106 SHBSB Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

  CHAPTER 8-2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

  Section

  8-201 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

  CHAPTER 8-3 USE AND OCCUPANCY . . . . . . . . . . . . . . . . . . . 5

  Section

  8-301 Purpose and Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8-302 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

  8-303 Residential Occupancies. . . . . . . . . . . . . . . . . . . . . . . . . 5

  CHAPTER 8-4 FIRE PROTECTION. . . . . . . . . . . . . . . . . . . . . . . 7

  Section

  8-401 Purpose, Intent and Scope . . . . . . . . . . . . . . . . . . . . . . . 7

  8-402 Fire-resistive Construction . . . . . . . . . . . . . . . . . . . . . . . 7

  8-403 Interior Finish Materials. . . . . . . . . . . . . . . . . . . . . . . . . . 7

  8-404 Wood Lath and Plaster. . . . . . . . . . . . . . . . . . . . . . . . . . . 7

  8-405 Occupancy Separation . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8-406 Maximum Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

• CHBC § 1.8.8 High relevance — show source text

  The consideration and approval of alternates shall comply with the following:_ 1. The department may require tests at the expense of the owner or owner’s agent to substantiate compliance 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.

  SECTION 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 deter- minations 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 knowledgeable 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, maintenance and change of occupancy of buildings and structures, 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 in law, any person, firm or corporation adversely affected by a decision, order or determi- nation by a city, county or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, 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.

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  DIVISION I CALIFORNIA ADMINISTRATION

  SECTION 1.8.9—UNSAFE BUILDINGS OR STRUCTURES

• CHBC § 8-2 Medium relevance — show source text

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  8-2 DEFINITIONS

  SECTION 8-201 — DEFINITIONS

  For the purpose of the CHBC, certain terms and phrases, words and their derivatives shall be construed as specified in this chapter. Additional definitions and/or terms may appear in the various other chapters relative to terms or phrases primarily applicable thereto. Any reference to “authority having jurisdiction” does not necessarily preclude the appellate process of Section 8-104.3.

  ADDITION. A nonhistorical extension or increase in floor area or height of a building or property.

  ALTERATION. A modification to a qualified historical building or property that affects the usability of the building or property, or part thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historical restoration, changes or rearrangement of the structural parts or elements, and changes or rearrangements in the plan configuration of walls and full-height partitions.

  BUILDING STANDARD. Any guideline, regulation or code that may be applied to a qualified historical building or property.

  CHARACTER-DEFINING FEATURE. Those visual aspects and physical elements that comprise the appearance of a historical building or property, and that are significant to its historical, architectural and cultural values, including the overall shape of the historical building or property, its materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment.

  CULTURAL RESOURCE. Building, site, property, object or district evaluated as having significance in prehistory or history.

  DISTINCT HAZARD. Any clear and evident condition that exists as an immediate danger to the safety of the occupants or public right of way. Conditions that do not meet the requirements of current regular codes and ordinances do not, of themselves, constitute a distinct hazard. Section 8-104.3, SHBC appeals, remains applicable.

  ENFORCING AGENCY, Authority Having Jurisdiction, Local Agency with Jurisdiction. An entity with the responsibility for regulating, enforcing, reviewing or otherwise that exerts control of or administration over the process of granting permits, approvals, decisions, variances, appeals for qualified historical buildings or properties.

  EXIT LADDER DEVICE. An exit ladder device is a permanently installed, fixed, folding, retractable or hinged ladder intended for use as a means of emergency egress from areas of the second or third stories. Unless approved specifically for a longer length, the ladder shall be limited to 25 feet (7620 mm) in length. Exit ladders are permitted where the area served by the ladder has an occupant load less than 10 persons.

  FIRE HAZARD. Any condition which increases or may contribute to an increase in the hazard or menace of fire to a greater degree than customarily recognized by the authority having jurisdiction, or any condition or act which could obstruct, delay, hinder or interfere with the operations of firefighting personnel or the egress of occupants in the event of fire. Section 8-104.3, SHBC appeals, remains applicable.

  HISTORICAL FABRIC OR MATERIALS. Original and later-added historically significant construction materials, architectural finishes or elements in a particular pattern or configuration which form a qualified historical property, as determined by the authority having jurisdiction.

  HISTORICAL SIGNIFICANCE. Importance for which a property has been evaluated and found to be historical, as determined by the authority having jurisdiction.

• CHBC § 8-602.2 Medium relevance — show source text

  Such documentation shall be in accordance
  with Section 8-602.2, Item 2, and shall include the opinion and comments of state or
  local accessibility officials, and the opinion and comments of representative local
  groups of people with disabilities. Such documentation shall be retained in the
  permanent file of the enforcing agency. Copies of the required documentation should
  be available at the facility upon request.
  ** Note:**For commercial facilities and places of public accommodation
  (Title III entities).
  Equivalent facilitation for an element of a building or property when applied as a waiver
  of an ADA accessibility requirement will not be entitled to the Federal Department of
  Justice certification of this code as rebuttable evidence of compliance for that element.|Applies|Waivers
  If a builder
  applies for a
  waiver of an ADA
  accessibility
  requirement for
  an element of a
  building, he or
  she will not be
  entitled to
  certification’s
  rebuttable
  evidence of
  compliance for
  that element. This
  limitation on the
  certification
  determination
  should be noted
  in any publication
  of Chapter 8-6 if
  certification is
  granted.|Applies| |**Notes:**The regular code for Chapter 8-6 is contained in Title 24, Part 2, Vol.1, Chapter 11B, which contain standards for new construction.
  Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations.|**Notes:**The regular code for Chapter 8-6 is contained in Title 24, Part 2, Vol.1, Chapter 11B, which contain standards for new construction.
  Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations.|**Notes:**The regular code for Chapter 8-6 is contained in Title 24, Part 2, Vol.1, Chapter 11B, which contain standards for new construction.
  Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations.|**Notes:**The regular code for Chapter 8-6 is contained in Title 24, Part 2, Vol.1, Chapter 11B, which contain standards for new construction.
  Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations.|

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  HISTORY NOTE APPENDIX

  2025 California Historical Building Code California Code of Regulations, Title 24, Part 8

  HISTORY:

  For prior history, see the History Note Appendix to the California Historical Building Code, 2022 Triennial Edition, effective January 1, 2023.

  1. Adoption of the 2025 California Historical Building Code, CCR Title 24, Part 8, carrying forward existing amendments from the 2022 edition. Effective on January 1, 2026.

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• CHBC § 8-1 Medium relevance — show source text

  After further development and refinement, the enacting legislation to create the authority for the code and an advisory board to prepare regulations to implement it (SB 927, Mills) was supported by both the legislature and the public. It was signed by the governor in September 1975, and became effective January 1, 1976. The members of the advisory board, which were required by law to include local and state building officials, individuals from the building industry and design professions, as well as representatives from city and county governments, were appointed and held their first session in Sacramento on February 24, 1976. This Board’s duties included the preparation of code regulations and the review of specific historic building cases, when officially requested by governing bodies. Several of the Board’s members were a part of the original ad hoc steering committee and thus provided a continuity and smooth transition from the inception of the code’s philosophy to its pragmatic implementation in these performance–oriented regulations. The first comprehensive regulations were codified in August and October 1979, after years of careful deliberation. Those regulations allowed all jurisdictions to utilize them at their discretion in replacing or modifying details of prevailing prescriptive codes. Changes made in law in 1984 and 1991, and to the code, make the application of the California Historical Building Code statutes and regulations applicable for all agencies and at the discretion of the owner for local jurisdictions when dealing with qualified historical buildings. These current performance regulations were adopted by the Board on June 23, 1998.

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  CONTENTS

  CHAPTER 8-1 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . 1

  Section

  8-101 Title, Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . 1 8-102 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8-103 Organization and Enforcement . . . . . . . . . . . . . . . . . . . 1 8-104 Review and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8-105 Construction Methods and Materials . . . . . . . . . . . . . . 2

  8-106 SHBSB Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

  CHAPTER 8-2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

  Section

  8-201 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

  CHAPTER 8-3 USE AND OCCUPANCY . . . . . . . . . . . . . . . . . . . 5

  Section

• CHBC § 1.8.7.3 Medium relevance — show source text

  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 bil- ity in covered multifamily dwellings or facilities 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 pur- suant 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 alternates 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 pur- pose, 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 enforc- ing agency relative to the application and interpretation of this code and other regulations governing construction use, maintenance and change of occupancy. The govern- ing body of any city, county, or city and county may estab- lish 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 knowledgeable in the applicable building codes, reg- ulations 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.