CHBC · California Historical Building Code

How do you request SHBSB review or an opinion on a proposed design or method?

If a local enforcing agency is considering a nonstandard design, the agency chief, building official or local board of appeals should submit a written request to the State Historical Building Safety Board. The Board will review the facts, may consult experts, decide whether the alternative is “reasonably equivalent” for the intended purpose, recover review costs if applicable, and send its findings back to the enforcing agency (see § 8-104.1 and § 8-104.2) .

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Last reviewed: July 6, 2026

What the code requires — plain English

The State Historical Building Safety Board (SHBSB) is the CHBC’s appeal and review body (§ 8-104.1) and may be asked to review a proposed design, material or method of construction. A written request for an opinion must be filed by an agency chief, the building official, or the local board of appeals; the Board will review the facts, may consult others, decide whether the proposal is reasonably equivalent, and transmit its findings to the enforcing agency (§ 8-104.2) .

If a local code official or appeals board needs an authoritative written opinion on an alternative method for a qualified historical building, submit a written request to the SHBSB and the Board will determine whether the proposal is reasonably equivalent and send its decision back to the enforcing agency (SHBSB = § 8-104.1; review process = § 8-104.2) .

Requirements in detail

Who may file the request

  • The request must be a written request filed by one of the following: agency chief, building official, or local board of appeals — not (primarily) by an applicant or owner as the first step under § 8-104.2 .
  • Note: separate appeals provisions allow other parties to appeal in some circumstances (see Related provisions).

What the SHBSB does when it receives a request

  • The Board may seek advice from other private or public boards, individuals, or state/local agencies.
  • After considering all facts and any recommendations, the Board determines whether the proposal is reasonably equivalent to what the CHBC allows for the intended purpose.
  • The Board transmits its findings and decision to the enforcing agency for application.
  • The Board may recover the costs of such reviews and shall report the decision in printed form to the California Building Standards Commission (§ 8-104.2) .

Decision‑relevant dimensions (quick reference table)

Decision dimension / question Typical acceptable values or actors Code Reference
Who may file the SHBSB request Agency chief, building official, local board of appeals § 8-104.2
What must be submitted Written request describing proposed design/material/method and facts § 8-104.2
What the Board may do during review Consult other boards, individuals, or agencies § 8-104.2
Standard the Board applies Whether the proposal is reasonably equivalent for the intended purpose § 8-104.2
Cost recovery Board may recover review costs; local agencies may charge affected persons reasonable fees not to exceed cost § 8-104.2, § 8-104.4
Reporting the decision Board shall report decision in printed form, copied to the California Building Standards Commission § 8-104.2

Practical steps to prepare a request

  • Prepare a clear, concise written submission that:
    • Identifies the applicable CHBC provisions at issue.
    • Describes the proposed design/material/method and why it’s needed for the historic fabric.
    • Supplies supporting evidence (drawings, tests, engineering or historical documentation, recommendations from other agencies/experts).
  • Route the request through the enforcing agency’s authorized filer (agency chief, building official, or local board of appeals).
  • Expect the Board may obtain outside technical advice and will issue findings to the enforcing agency; budget for possible review fees as allowed by the CHBC (§ 8-104.2) .

Exceptions & special cases

  • State agencies: All state agencies that own or act for owners of qualified historical buildings must consult and obtain SHBSB review before taking action or appeals that affect those properties (see § 8-104.2.1) .
  • Imminent threat / emergency: If a state agency declares a qualified historical building an imminent threat to life and safety, the state agency shall consult with the SHBSB before any demolition is undertaken (see § 8-104.2.2) .
  • Cost limits on local fees: Local agencies actively involved may charge affected persons reasonable fees but not to exceed the cost of obtaining Board reviews/appeals (see § 8-104.4) .
  • The CHBC permits alternatives and case‑by‑case solutions elsewhere in the code; the SHBSB’s role is advisory/determinative on equivalency only (see § 8-105.2 and § 8-106.1) .

Common mistakes

  • Assuming any owner/applicant can directly request SHBSB review. The primary filing routes for an SHBSB opinion are the agency chief, building official, or local board of appeals under § 8-104.2; other appeal routes are governed elsewhere (see Related provisions) .
  • Not providing enough factual/supporting evidence — the Board will consider the facts presented and may solicit outside advice; insufficient documentation can prolong review or lead to denial of equivalency (§ 8-104.2) .
  • Expecting an automatic or statewide precedent. The Board reports decisions for guidance, but individual decisions apply to the case and are processed via the enforcing agency (§ 8-104.2; § 8-106.1) .
  • Overlooking mandatory consultation requirements for state agencies when actions affect qualified historical properties (§ 8-104.2.1 & § 8-104.2.2) .

Worked example — concrete scenario with numbers

Scenario: A city building official is considering approval for a nonstandard replacement window system for a 1905 courthouse (a qualified historical building). The proposed windows preserve original framing but use a modern glazing system the regular code does not prescribe.

Step-by-step:

  1. The building official prepares a written request to SHBSB describing the existing historic windows, the proposed glazing system, drawings, material specs, and a structural/thermal report from a licensed architect (1 report, 12 pages, 6 figures) — routed as the filing under § 8-104.2 .
  2. The Board accepts the request, seeks advice from a state historic preservation specialist and a glazing engineer (2 consultants), and evaluates whether the modern glazing is reasonably equivalent for the intended purpose (thermal performance, durability, preservation of character) per § 8-104.2 .
  3. The SHBSB determines the substitution is reasonably equivalent on durability and safety but requires that sash profiles remain visually original. The Board transmits a written decision to the enforcing agency and sends a printed copy to the California Building Standards Commission (§ 8-104.2) .
  4. Costs: The Board recovers review costs from the requesting agency. If the local agency passes costs to the applicant, fees charged to the applicant must not exceed the actual cost of obtaining the review (for example, the local agency charges the applicant $2,500 to cover consultant and Board administrative costs) per § 8-104.2 and § 8-104.4 .

Note: the CHBC does not prescribe time limits for the Board’s review in § 8-104.2; timelines in practice depend on Board procedure and complexity of the request .

Related provisions

  • § 8-104.1 — SHBSB acts as appeal and review body (authority/role) .
  • § 8-104.2.1 — State agencies must obtain SHBSB review before actions affecting qualified historical properties .
  • § 8-104.2.2 — Imminent threat: consult SHBSB before demolition in emergencies .
  • § 8-104.3 — Appeals to SHBSB by local agencies or affected persons when issues are of statewide significance .
  • § 8-104.4 — Local agency fees when actively involved in appeals/reviews (fee cap = cost) .
  • § 8-105.2 — Use of alternative methods and equivalency criteria in the CHBC (context for alternatives) .
  • § 8-106.1 — SHBSB rulings of statewide application must be submitted to the California Building Standards Commission (reporting of rulings) .

Code references

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.

    2025 CALIFORNIA HISTORICAL BUILDING CODE 1

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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 § 104.1 High relevance — show source text

    SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL

    [A] 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code.

    [A] 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures:

    1. Shall be in compliance with the intent and purpose of this code.
    2. Shall not have the effect of waiving requirements specifically provided for in this code.

    [A] 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report.

    [A] 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction.

    [A] 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

    [A] 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations.

    [A] 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official.

    [A] 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

    [A] 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable.

    [A] 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.

    [A] 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

    [A] 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:

    1. Quality.

    2. Strength.

    3. Effectiveness.

    4. Durability.

    5. Safety, other than fire safety.

    6. Fire safety.

  • CHBC § 1-14 High relevance — show source text

    1-14 2025 CALIFORNIA FIRE CODE

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    DIVISION II—SCOPE AND ADMINISTRATION

    [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the fire code official.

    [A] 104.2.2 Technical assistance. To determine compliance with this code, the fire code official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.

    [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

    [A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the fire code official. The fire code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

    [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.

    [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the fire code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the fire code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the fire code official.

    [A] 104.2.3 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

    Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code .

    [A] 104.2.3.1 Approval authority. An alternative material, design or method of construction shall be approved where the fire code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3.2 through 104.2.3.7, as applicable.

    [A] 104.2.3.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the fire code official for approval. Where the alternative material, design or method of construction is not approved, the fire code official shall respond in writing, stating the reasons the alternative was not approved.

    [A] 104.2.3.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

  • CHBC § 104.2.2.3 High relevance — show source text

    [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.

    [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official.

    [A] 104.2.3 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

    Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code . This exception shall not apply to alternative structural materials or to alternative structural designs. [DSA-SS, DSA-SS/CC] The International Code Council Performance Code is not permitted by DSA.

    [DSA-SS, DSA-SS/CC & OSHPD 1, 1R, 2, 4 & 5] Alternative system shall satisfy ASCE 7 Section 1.3, unless more restrictive require- ments are established by this code for an equivalent system.

    [DSA-SS, DSA-SS/CC] Alternative systems shall also satisfy the California Administrative Code, Section 4-304.

    [OSHPD 1, 1R, 2, 4 & 5] Alternative systems shall also satisfy the California Administrative Code, Section 7-104.

    [A] 104.2.3.1 Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as applicable.

    [A] 104.2.3.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.

    [A] 104.2.3.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code.

    [A] 104.2.3.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable:

    1. Quality.

    2. Strength.

    3. Effectiveness.

    4. Durability.

    5. Safety, other than fire safety.

    6. Fire safety.

    [A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the building official.

    2025 CALIFORNIA BUILDING CODE 1-25

  • CHBC § 104.1 Medium relevance — show source text

    [A] 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.

    [A] 104.2 Determination of compliance. The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures:

    1. Shall be in compliance with the intent and purpose of this code.
    2. Shall not have the effect of waiving requirements specifically provided for in this code.

    [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official.

    [A] 104.2.2 Technical assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner’s authorized agent to provide a technical opinion and report.

    [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.

    [A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.

    [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.

    [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official.

    [A] 104.2.3 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.

    Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code . This exception shall not apply to alternative structural materials or to alternative structural designs. [DSA-SS, DSA-SS/CC] The International Code Council Performance Code is not permitted by DSA.

    [DSA-SS, DSA-SS/CC & OSHPD 1, 1R, 2, 4 & 5] Alternative system shall satisfy ASCE 7 Section 1.3, unless more restrictive require- ments are established by this code for an equivalent system.

    [DSA-SS, DSA-SS/CC] Alternative systems shall also satisfy the California Administrative Code, Section 4-304.

  • CHBC § 435.8.7 Medium relevance — show source text

    435.8.7 Floor separation. Group R-3.1 occupancies with nonambulatory clients housed above the first floor shall be provided with a non-fire-resistance constructed floor separation at stairs which will prevent smoke migration between floors. Such floor separation shall have equivalent construction of 0.5 inch (12.7 mm) gypsum wallboard on one side of wall framing.

    Exceptions: 1. Occupancies with at least one exterior exit from floors occupied by clients. 2. Occupancies provided with automatic fire sprinkler systems complying with Chapter 9. 435.8.7.1 Doors within floor separations. Doors within such floor separations shall be tight fitting solid wood at least 1 [3] / 8 inches (35 mm) in thickness. Door glazing shall not exceed 1296 square inches (32 918 mm [2] ) with no dimension greater than 54 inches (1372 mm). Such doors shall be positive latching, smoke gasketed and shall be automatic-closing by smoke detection.

    435.8.8 Fences and gates. Grounds of a Residential Care for the Elderly facility serving Alzheimer clients may be fenced and gates therein equipped with locks, provided safe dispersal areas are located not less than 50 feet (15 240 mm) from the buildings. Dispersal areas shall be sized to provide an area of not less than 3 square feet (0.28 m [2] ) per occupant. Gates shall not be installed across corri- dors or passageways leading to such dispersal areas unless they comply with egress requirements.

    2025 CALIFORNIA FIRE CODE APPENDIX CHAPTER 4-5

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    APPENDIX CHAPTER 4—SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

    435.8.9 Basement exits. One exit is required to grade level when the basement is accessible to clients.

    435.8.10 Delayed egress locks. See Section 1010.2.13.

    435.9 Request for alternate means of protection for facilities housing bedridden clients . Request for alternate means of protection shall apply to Sections 435 through 435.9. Request for approval to use an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment or means of protection shall be made in writing to the local fire enforcing agency by the facility, client or the client’s authorized representative. Sufficient evidence shall be submitted to substantiate the need for an alternate means of protection.

    The facility, client or the client’s representative or the local fire enforcing agency may request a written opinion from the State Fire Marshal concerning the interpretation of the regulations promulgated by the State Fire Marshal for a particular factual dispute. The State Fire Marshal shall issue the written opinion within 45 days following the request.

    Approval of a request for use of an alternative material, assembly or materials, equipment, method of construction, method of instal- lation of equipment or means of protection made pursuant to this section shall be limited to Group R-3.1 occupancies housing a bedridden client.

    Approvals made by the local fire enforcing agency and the written opinion by the State Fire Marshal shall be applicable only to the requesting facility and shall not be construed as establishing any precedent for any future request by that facility or any other facility.

  • CHBC § 17920.3 Medium relevance — show source text

    What does ministerial review of a permit application involve? A ministerial review ensures that the permit application meets all the applicable objective standards effective at the time of the review and uses no discretionary judgment, opinion, or subjective standards. Agency staff inspect the submitted application, site plan, and building plans for compliance with applicable standards. This often means that the permitting agency (i.e., planning, building, fire departments and utilities) reviews the application using only checklists. (Gov. Code, §§ 66316, 66317, 66320.)

    Can an applicant delay the 60-day timeline? Yes. If an applicant would like to request a delay on their application for any reason, they may do so. The 60-day period to approve or deny the permit shall be tolled for the period of the delay. (Gov. Code, § 66317, subd. (a).)

    When is an ADU permit application “deemed approved” without formal review? An ADU permit application is “deemed approved” when the permitting agency fails to approve or deny a completed application within 60 days of receiving a completed application (Gov. Code, §§ 66317, subd. (a); 66320, subd. (a)).

    Do ADUs need a Certificate of Occupancy? Yes, property owners must obtain a Certificate of Occupancy from the local agency prior to any residential occupancy of an ADU or JADU (Gov. Code, § 66328; 2022 CBC, § 111).

    Can the local agency deny a permit application for an unpermitted ADU that was built before 2020? A local agency shall not deny a permit for an unpermitted ADU that was constructed before January 1, 2020, due to the ADU being in violation of building standards, non-compliance with State ADU Law, or any local ordinance regulating ADUs (Gov. Code, § 66332, subd. (a)). However, the local agency may deny the permit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure, or if the building is deemed substandard pursuant to section 17920.3 of the Health and Safety Code (Gov. Code, § 66332, subds. (b), (c)).

    What happens when an application for an ADU is denied? The permitting agency denying the application must provide the applicant a full set of comments listing items that are defective or deficient and include a description of how the application may be remedied. A full set of comments includes all comments from all reviewers,

    36

    from every permitting agency. The 60-day countdown continues until the complete list is provided. (Gov. Code, §§ 66317, 66320.) A local agency which has provided a complete set of correction comments has fulfilled this requirement. Following a denial, a subsequent application resets the 60-day period.

    The applicant may address the proposed remedy and resubmit the application to the permitting agency. A local agency may charge a fee to process a resubmitted application. (Gov. Code, § 66335 subd. (c).)

  • CHBC § 435.8.9 Medium relevance — show source text

    on Jul 18, 2025 11:14 AM (CDT) THEREUNDER.

    APPENDIX CHAPTER 4—SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

    435.8.9 Basement exits. One exit is required to grade level when the basement is accessible to clients.

    435.8.10 Delayed egress locks. See Section 1010.2.13.

    435.9 Request for alternate means of protection for facilities housing bedridden clients . Request for alternate means of protection shall apply to Sections 435 through 435.9. Request for approval to use an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment or means of protection shall be made in writing to the local fire enforcing agency by the facility, client or the client’s authorized representative. Sufficient evidence shall be submitted to substantiate the need for an alternate means of protection.

    The facility, client or the client’s representative or the local fire enforcing agency may request a written opinion from the State Fire Marshal concerning the interpretation of the regulations promulgated by the State Fire Marshal for a particular factual dispute. The State Fire Marshal shall issue the written opinion within 45 days following the request.

    Approval of a request for use of an alternative material, assembly or materials, equipment, method of construction, method of instal- lation of equipment or means of protection made pursuant to this section shall be limited to Group R-3.1 occupancies housing a bedridden client.

    Approvals made by the local fire enforcing agency and the written opinion by the State Fire Marshal shall be applicable only to the requesting facility and shall not be construed as establishing any precedent for any future request by that facility or any other facility.

    435.10 Temporarily bedridden clients. Clients who become temporarily bedridden as defined in Health and Safety Code, Section 1569.72, as enforced by the Department of Social Services, may continue to be housed on any story in Group R-2.1, R-3.1 or R-4 occupan- cies classified as Residential Care Facilities for the Elderly (RCFE). Every Residential Care Facility for the Elderly (RCFE) admitting or retaining a bedridden resident shall, within 48 hours of the resident’s admission or retention in the facility, notify the local fire authority with jurisdiction of the estimated length of time the resident will retain his or her bedridden status in the facility.

    SECTION 436—GROUP I-4 [SFM]

    436.1 Group I-4 special provisions. Rooms classified as Group I-4 shall not be located above or below the first story.

    Exceptions: 1. Basements or stories having floor levels located within 4 feet (1219 mm), measured vertically, from adjacent ground level at the level of exit discharge, provided the basement or story has exterior exit doors at that level. 2. Group I-4 child-care center or adult cay care may be located above the first story in buildings of Types I-A, I-B, II-A, III-A, IV-A, IV-B and IV-C construction, subject to the limitation of Section 503 when: 2.1. Group I-4 child-care center with children under the age of seven or containing more than 12 children per story shall not be located above the fourth floor; and

  • CHBC § 1.1.8.1 Medium relevance — show source text

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

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

    When a request for alternate means of protection involves hazardous materials, the authority having jurisdiction may consider implementation of the findings and recommendations identified in a Risk Management Plan (RMP) developed in accordance with Title 19, Division 5, Chapter 2, Article 3.

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

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    ADMINISTRATION

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

    1.11.3 Construction documents.

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

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

    1.11.3.3 New construction high-rise buildings. 1. Complete plans or specifications, or both, shall be prepared covering all work required to comply with new construction high-rise buildings. Such plans and specifications shall be submitted to the enforcing agency having jurisdiction. 2. All plans and specifications shall be prepared under the responsible charge of an architect or a civil or structural engineer _authorized by law to develop construction plans and specifications, or by both such architect and engineer.

  • 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.

    viii 2025 CALIFORNIA HISTORICAL BUILDING CODE

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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

Frequently asked questions

Who can file a request to the SHBSB?

Only an agency chief, the building official, or the local board of appeals may file the written request under § 8-104.2; separate appeal routes exist elsewhere in the code for affected persons (§ 8-104.3) .

What standard does the Board use to judge a proposal?

The Board determines whether the proposed design/material/method is reasonably equivalent to what the CHBC allows for the intended purpose, after considering facts and outside recommendations per § 8-104.2 .

Can the SHBSB charge for reviews?

Yes. The Board may recover the costs of reviews and local agencies may charge reasonable fees to affected persons not to exceed the actual cost of obtaining the Board review (§ 8-104.2; § 8-104.4) .

Do state agencies have special obligations?

Yes. State agencies that own or act for owners of qualified historical properties must consult and obtain SHBSB review before taking actions or appeals that affect those properties (see § 8-104.2.1) .

If I’m an owner, can I ask the SHBSB directly?

Owners generally work with the local enforcing agency. Affected persons may appeal per § 8-104.3 (appeals to the Board) but initial SHBSB review requests are filed as described in § 8-104.2 .

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