CHBC · California Historical Building Code
Can local agencies charge fees or participate in SHBSB appeals and reviews?
If a local agency actively participates in an appeal or SHBSB review, the CHBC authorizes it to charge affected persons reasonable fees, but only up to the cost of obtaining the Board review or appeal (see § 8-104.4). The CHBC also permits the SHBSB to recover review costs and limits SHBSB acceptance of appeals to matters of statewide significance (see § 8-104.2 and § 8-104.3).
Last reviewed: July 6, 2026
What the code requires — 2–4 sentences
The California Historical Building Code allows a local agency that is actively involved in an appeal to the State Historical Building Safety Board (SHBSB) to charge reasonable fees to affected persons, but those fees may not exceed the cost of obtaining reviews and appeals from the Board. The controlling provision is § 8-104.4.
When a local agency takes an active part in an SHBSB appeal or review, it may pass through reasonable fees to affected persons — but only up to the cost of obtaining the Board review or appeal. § 8-104.4
Requirements in detail
Who may charge a fee
- Local agencies may charge; the provision speaks specifically to local agencies (not the SHBSB itself). See § 8-104.4.
When a fee may be charged
- A fee may be charged only when the local agency is actively involved in the appeal (the CHBC uses that phrase but does not define it in the retrieved text). See § 8-104.4.
How large the fee can be
- The fee must be reasonable and not to exceed the cost of obtaining reviews and appeals from the Board — that is the statutory cap set in § 8-104.4.
- The SHBSB itself is authorized to recover the costs of reviews and appeals (see § 8-104.2 and § 8-104.3), which is relevant to understanding what the “cost of obtaining reviews and appeals” may include.
Table — decision‑relevant dimensions and values
| Decision factor | Allowed value / limit | Code reference |
|---|---|---|
| Who may charge | Local agencies (when actively involved) | § 8-104.4 |
| When allowed | When the local agency is actively involved in the appeal | § 8-104.4 |
| Fee standard | Reasonable fees | § 8-104.4 |
| Fee cap | Not to exceed cost of obtaining reviews and appeals from the Board | § 8-104.4 |
| Board cost recovery | SHBSB may recover costs for reviews; Board decisions reported and copied to CBSC | § 8-104.2, § 8-104.3, § 8-106.1 |
| Appeal acceptance by SHBSB | Board may accept appeals only if the issues are of statewide significance | § 8-104.3 |
Practical points the code itself does and does not specify
- The CHBC authorizes charging fees and sets a cap tied to the Board-review cost, but it does not in the text retrieved here define “actively involved” or give a formula for “reasonable” fees (beyond the cap). See § 8-104.4.
- The SHBSB’s own authority to collect costs for reviews/appeals is stated in § 8-104.2 and § 8-104.3 — useful when determining what costs exist to be passed through.
Exceptions & special cases
- State agencies: separate consultation/obligation rules apply to state agencies (they must consult and obtain SHBSB review in certain situations) under § 8-104.2.1; those rules are distinct from the local‑agency fee authority.
- Imminent threat: emergency situations where a qualified historical building is an imminent threat to life/safety are governed by § 8-104.2.2 (consultation required before demolition), which could affect timing and cost recovery.
- Board acceptance test: the SHBSB may accept appeals only when the issues are of statewide significance — if the Board declines the appeal, there may be no Board fee to pass through. See § 8-104.3.
Common mistakes
- Charging fees when the local agency is not actively involved — the CHBC limits fee authority to active participation (see § 8-104.4).
- Passing through more than the Board-related costs — the statutory cap is clear: not to exceed the cost of obtaining reviews and appeals from the Board. Don’t exceed that limit. § 8-104.4
- Treating the Board’s ability to recover costs (SHBSB) as the same as local agency authority; they are related but distinct authorities in the CHBC (§ 8-104.2, § 8-104.3).
- Failing to document: because the CHBC ties fees to actual cost, jurisdictions should document Board fees and any pass-through calculations (the CHBC itself does not prescribe documentation procedures in the retrieved text). See § 8-104.4.
Worked example — concrete scenario with numbers
Scenario: A property owner appeals a local enforcing agency decision and the local agency actively participates and requests SHBSB review.
- SHBSB posts a review fee and cost for the appeal: $2,400 (Board fee). The SHBSB will recover costs under § 8-104.2/8-104.3.
- The local agency incurs $350 in staff overtime and $150 in clerical and copying costs while preparing the local record for the appeal.
How much may the local agency charge the affected person?
- Under the plain text of § 8-104.4, the local agency may charge reasonable fees not to exceed the cost of obtaining reviews and appeals from the Board. If you read that as a cap tied to the Board’s charge, the local agency may bill up to $2,400 total to affected persons. § 8-104.4
- If the local agency wishes also to recover its $500 internal cost (staff + clerical), doing so would risk exceeding the CHBC cap unless the local agency’s interpretation can be documented to fall within the meaning of “cost of obtaining reviews and appeals from the Board.” Because the CHBC language is concise but ambiguous about whether the cap is the Board fee alone or the total cost the local agency incurs to obtain the Board review, the cautious compliance approach is: do not charge affected persons more than the Board’s billed cost ($2,400) absent clear documentation or legal authority that the local agency’s additional costs are included in the allowable “cost of obtaining” the Board review. § 8-104.4
Note: The CHBC text here does not define the phrase “cost of obtaining reviews and appeals from the Board” or “actively involved.” Local counsel or policy guidance may be needed to adopt a defensible pass-through practice and to document what specific costs are recoverable. § 8-104.4
Related provisions
- § 8-104.2 — SHBSB review; Board may recover costs of reviews and transmit findings.
- § 8-104.2.1 — State agencies: mandatory SHBSB consultation for state agency-owned qualified historical buildings.
- § 8-104.2.2 — Imminent threat: consultation required before demolition when an imminent threat is declared.
- § 8-104.3 — SHBC appeals: who may appeal and the Board’s discretion to accept appeals only if issues are of statewide significance; Board may recover costs.
- § 8-106.1 — SHBSB rulings of statewide application to be submitted to the California Building Standards Commission (procedural/reporting note).
Code references
Grounded in the retrieved California Historical Building Code — click a citation to read the verbatim passage:
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 § 8-104.4 High relevance — show source text
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.
SECTION 8-106 — SHBSB RULINGS
8-106.1 General. Rulings of the SHBSB (i.e., formal appeals, case decisions, code interpretations and administrative resolutions, etc.) that are issues of statewide application are required to be submitted to the California Building Standards Commission in printed form. These rulings may be used to provide guidance for similar cases or issues.
2 2025 CALIFORNIA HISTORICAL BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
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.
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.
2025 CALIFORNIA HISTORICAL BUILDING CODE 1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
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 § 8-102.1.1 High relevance — show source text
- 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.
2025 CALIFORNIA HISTORICAL BUILDING CODE 1
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
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 § 1.8.7.3 High 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.
CHBC § 65583.1 High relevance — show source text
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) built upon recent changes to State ADU and JADU Law and further address barriers to the development of ADUs and JADUs.
50
This legislation, among other changes, addresses the following:
Prohibits local agencies from including in development standards for ADUs
requirements on minimum lot size. (Gov. Code, § 66314, subd. (b)(1)).
Clarifies that areas designated by local agencies for ADUs may be based on the
adequacy of water and sewer services, as well as on impacts on traffic flow and public safety (Gov. Code, § 66314, subd. (a)).
Eliminates all owner-occupancy requirements by local agencies for ADUs approved
between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315).
Prohibits a local agency from establishing a maximum size of an ADU of less than 850
square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 66321, subds. (b)(2), (b)(3)).
Clarifies that when ADUs are created through the conversion of a garage, carport or
covered parking structure, replacement of off-street parking spaces cannot be required by the local agency (Gov. Code, § 66314, subd. (d)(11)).
Reduces the maximum ADU and JADU application review time from 120 days to 60
days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)).
Clarifies that “public transit” includes various means of transportation that charge set
fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd. (m)).
Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs
up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit (Gov. Code, § 66324, subd. (c)(1)).
Defines an “accessory structure” to mean a structure that is accessory and incidental to
a dwelling on the same lot (Gov. Code, § 66313, subd. (b)).
Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is
not in compliance with state law (Gov. Code, § 66326, subd. (b)(1)).
Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy
its Regional Housing Needs Allocation (RHNA) (Gov. Code, § 65583.1, subd. (a)).
Permits JADUs even where a local agency has not adopted an ordinance expressly
authorizing them (Gov. Code, § 66320).
Allows a permitted JADU to be constructed within the walls of the proposed or existing
single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence (Gov. Code, § 66333, subd. (d)).
CHBC § 653-5791 Medium relevance — show source text
Option 5 > Option 2 State Housing Law: including Housing Accessibility, Hotels/Motels, Apartments/Condominiums, Dormitories, Single-Family Dwellings, ADUs, Permanent Structures in Mobile Home Parks
Option 5 > Option 4 Factory-Built Housing Option 5 > Option 5 Employee Housing
Department of Water Resources [DWR]
water.ca.gov DWRwebcomment@water.ca.gov
(916) 653-5791 Plumbing for Recycled Water, Floodplain Construction
Division of the State Architect
dgs.ca.gov/DSA (916) 445-8100
Access Compliance DSAAC 445-5827 DSAaccess@dgs.ca.gov Access for Persons with Disabilities
Structural Safety [DSA-SS, DSA-SS/CC]
Public Schools & Community Colleges, State Essential Services Buildings
State Historical Building Safety Board [SHBSB] (916) 445-7627 shbsb@dgs.ca.gov
Historical Building Rehabilitation, Preservation, Restoration or Relocation
Energy Commission [CEC]
energy.ca.gov Title24@energy.ca.gov (800) 772-3300 Building Energy Efficiency, Compliance Manual & Compliance Forms
Office of the State Fire Marshal [SFM]
osfm.fire.ca.gov codedevelopment@fire.ca.gov
(916) 568-3800 Fire & Life Safety
State Lands Commission [SLC]
slc.ca.gov MOTEMS.Public@slc.ca.gov (510) 741-4950 Marine Oil Terminals
State Librarian [SL]
library.ca.gov csllaw@library.ca.gov (916) 323-9843 Public Library Construction & Renovation
2025 CALIFORNIA HISTORICAL BUILDING CODE v
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
HOW TO DETERMINE WHERE CHANGES HAVE BEEN MADE
Symbols in the margins indicate where changes have been made or language has been deleted.
This symbol indicates that a change has been made.
- This symbol indicates deletion of language.
vi 2025 CALIFORNIA HISTORICAL BUILDING CODE
on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.
PART 8 CONTAINS ALTERNATIVE REGULATIONS
FOR QUALIFIED HISTORICAL BUILDINGS
The California Historical Building Code (CHBC) is unique among state regulations. The authoring of the original CHBC required state agencies promulgating regulations for building construction to work in harmony with representatives of other design and construction disciplines. The result was a totally new approach to building codes for historical structures, which maintains currently acceptable life safety standards. These regulations are also unique in that they are performance oriented rather than prescriptive. The provisions of the CHBC are to be applied by the enforcing authority of every city, county, city and county, or state agency in permitting repairs, alterations and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use or continued use of a qualified historical building. The authority for use of the CHBC is vested in Sections 18950 through 18961 of the Health and Safety Code.
California Historical Building Code Medium relevance — show source text
(Gov. Code, §§ 66324, subd. (a); 66000.) A local agency, special district, or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, § 66324, subds. (b), (d).)
Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if it is less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. (Gov. Code, § 66324 subd. (c)(1).) In this specific instance, impact fees also include Quimby fees specified in Government Code section 66477 (Gov. Code, § 66324 subd. (c)(2)).
For ADUs that include a 150 square-foot exterior expansion, the 150 square feet count towards the 750 square-foot limit. For example, a 700 square-foot interior conversion ADU with
22
a 150 square-foot exterior expansion for ingress and egress would count as an 850 squarefoot ADU for the purposes of calculating fees, thus triggering the proportionate fee requirement of Government Code section 66324, subdivision (c).
What is “Proportionality”? “Proportionality” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. (Gov. Code, § 66324, subd. (c)(1).)
Can school districts charge impact fees? Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs larger than 500 square feet pursuant to Section 17620 of the Education Code and the Mitigation Fee Act (Gov. Code, § 66000). ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs and to ensure appropriate nexus studies are conducted on fees to facilitate construction or reconstruction of adequate school facilities, as required by the Mitigation Fee Act. Local agencies should not withhold the issuance of a permit to create an ADU or JADU due to the imposition of school fees.
Can I still be charged water and sewer connection fees? ADUs constructed from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed concurrently with a new single-family dwelling (Gov. Code, § 66324, subd. (b)). The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling (Gov. Code, § 66324, subd. (e)).
Fire Protection and Fire Sprinkler Requirements
Can fire sprinklers be required for ADUs? Only when sprinklers are required for the existing primary residence.
CHBC § 12-7 Medium relevance — show source text
Title 19, Division 1]|||||||||||||||||||||||| |Chapter / Section|||||||||||||||||||||||| |AASHTO HB-17—2002|||X||||||||||||||||||||| |ASTM D638—2022|||X||||||||||||||||||||| |ASTM D3909/D3909M_—2022_|||X||||||||||||||||||||| |ASTM E84_—2023d_|||X||||||||||||||||||||| |ASTM E119_—2022_|||X||||||||||||||||||||| |ASTM E136_—2024a_|||X||||||||||||||||||||| |ASTM E1354_—2023_|||X||||||||||||||||||||| |ASTM E2632—2020|||X||||||||||||||||||||| |ASTM E2652—2022|||X||||||||||||||||||||| |ASTM E2707—2022|||X||||||||||||||||||||| |ASTM E2726/E2726M—
2012a(2017)|||X||||||||||||||||||||| |ASTM E2957—2017|||X||||||||||||||||||||| |ASTM G155—2021|||X||||||||||||||||||||| |NFPA 252—2022|||X||||||||||||||||||||| |NFPA 257—2022|||X||||||||||||||||||||| |SFM 12-7A-1|||X||||||||||||||||||||| |SFM 12-7A-2|||X||||||||||||||||||||| |SFM 12-7A-3|||X||||||||||||||||||||| |SFM 12-7A-4|||X||||||||||||||||||||| |SFM 12-7A-4A|||X||||||||||||||||||||| |UL 9—2009|||X||||||||||||||||||||| |UL 10B—2008|||X||||||||||||||||||||| |UL 10C—2016|||X||||||||||||||||||||| |UL 94—2023|||X||||||||||||||||||||| |UL 263_—2011|||X||||||||||||||||||||| |UL 723—2018|||X||||||||||||||||||||| |UL 790—2022_|||X|||||||||||||||||||||- The California Code of Regulations (CCR), Title 19, Division 1 provisions that are found in the California Wildland-Urban Interface Code are a reprint from the current CCR, Title 19, Division 1 text for the code user’s convenience only. The scope, applicability and appeals procedures of CCR, Title 19, Division I remain the same. The state agency does not adopt sections identified by 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.
CHBC § 9.3 Medium relevance — show source text
PSI SERVICE REGULATOR AND LINE PRESSURE REGULATOR**|INTENDED USE: PE PIPE SIZING BETWEEN 2 PSI SERVICE REGULATOR AND LINE PRESSURE REGULATOR|INTENDED USE: PE PIPE SIZING BETWEEN 2 PSI SERVICE REGULATOR AND LINE PRESSURE REGULATOR|INTENDED USE: PE PIPE SIZING BETWEEN 2 PSI SERVICE REGULATOR AND LINE PRESSURE REGULATOR| ||PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)|PIPE SIZE (inch)| |NOMINAL OD:|1⁄2|3⁄4|1|11⁄4|11⁄2|2|3|4| |DESIGNATION:|SDR 9.3|SDR 11|SDR 11|SDR 10|SDR 11|SDR 11|SDR 11|SDR 11| |ACTUAL ID:|0.660|0.860|1.077|1.328|1.554|1.943|2.864|3.682| |LENGTH (feet)
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
|CAPACITY IN THOUSANDS OF BTU PER HOUR
| |10
|3130
|6260
|11 300
|19 600
|29 500
|53 100
|147 000
|284 000
| |20
|2150
|4300
|7760
|13 400
|20 300
|36 500
|101 000
|195 000
| |30
|1730
|3450
|6230
|10 800
|16 300
|29 300
|81 100
|157 000
| |40
|1480
|2960
|5330
|9240
|14 000
|25 100
|69 400
|134 100
| |50
|1310
|2620
|4730
|8190
|12 400
|22 200
|61 500
|119CBC § 66000 Medium relevance — show source text
Can school districts charge impact fees? Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs larger than 500 square feet pursuant to Section 17620 of the Education Code and the Mitigation Fee Act (Gov. Code, § 66000). ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs and to ensure appropriate nexus studies are conducted on fees to facilitate construction or reconstruction of adequate school facilities, as required by the Mitigation Fee Act. Local agencies should not withhold the issuance of a permit to create an ADU or JADU due to the imposition of school fees.
Can I still be charged water and sewer connection fees? ADUs constructed from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed concurrently with a new single-family dwelling (Gov. Code, § 66324, subd. (b)). The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling (Gov. Code, § 66324, subd. (e)).
Fire Protection and Fire Sprinkler Requirements
Can fire sprinklers be required for ADUs? Only when sprinklers are required for the existing primary residence. Installation of fire sprinklers shall not be required in attached, detached, or converted ADUs if sprinklers are not required by building codes for the existing primary residence. For example, a detached singlefamily home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. Additionally, the construction of an ADU under this code section shall not trigger a requirement for fire sprinklers for the primary residence. Finally, if a primary dwelling currently does not have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler requirements due to the increase in livable space, that requirement shall not be imposed upon the primary dwelling unit. (Gov. Code, §§ 66314, subd. (d)(12); 66323, subd. (d).)
23
Funding
Is there financial assistance or funding available for ADUs? Possibly. While at the time of this writing the funds have been exhausted, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provided up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build an ADU or JADU on a lot with an owner-occupied single-family dwelling unit. The ADU Grant Program was intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports.
Some local agencies are creating funding opportunities for ADU/JADU predevelopment and construction costs, or they are waiving fees.
CHBC § 8-1 Medium 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
Frequently asked questions
Who decides whether a local agency was “actively involved”?
The CHBC uses the phrase but the retrieved CHBC text does not define “actively involved.” The threshold is not spelled out in § 8-104.4, so jurisdictions should document participation and consult legal/policy guidance.
Can a local agency add administrative overhead on top of the Board fee?
The CHBC caps local fees at “not to exceed the cost of obtaining reviews and appeals from the Board” (§ 8-104.4). Because the text does not specify which components are included in that cap, adding overhead risks exceeding the cap absent a clear, documented basis.
If the SHBSB declines to accept an appeal, can the local agency still charge?
If the Board declines (e.g., issues are not of statewide significance under § 8-104.3), there may be no Board review cost to pass through; CHBC fee authority in § 8-104.4 applies when the local agency is actively involved in the appeal/review process.
Where can I find the SHBSB’s actual fees?
The CHBC states the Board may recover costs (see § 8-104.2/§ 8-104.3), but actual fee schedules are set administratively by the SHBSB/agency and are not listed in the CHBC text provided. Check the SHBSB / DGS/DSA contact or fee schedule for current amounts.
Do state agencies follow the same charging rule?
State agencies have separate consultation and review obligations under § 8-104.2.1 and § 8-104.2.2; the local‑agency fee rule in § 8-104.4 is framed for local agencies.
More in California Historical Building Code
Ask about the CHBC
Get cited, plain-English answers on the California Historical Building Code for your project — any code section, any scenario.
Start Free Trial