CHBC · California Historical Building Code
What is a "qualified historical building or property"?
If a local or state government has officially declared a building, group of buildings, or site to be historically important (or listed it on a recognized historic register), it qualifies as a “qualified historical building or property” under the CHBC. Private owners may elect to use the CHBC for repairs, alterations and preservation work; state agencies must apply it. The CHBC lets enforcing agencies accept alternative, preservation‑sensitive solutions (and limits some upgrade requirements when correcting unsafe conditions) instead of forcing full new‑construction compliance.
Last reviewed: July 6, 2026
What the code requires — 2–4 sentences
A qualified historical building or property is a structure, collection of structures, or related site that has been deemed important to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction — this category explicitly includes properties listed (or eligible for listing) on national, state, or local historic registers or inventories. The CHBC applies its alternative, performance‑oriented rules to such properties when the private owner elects to use the CHBC (and is mandatory for state agencies). See § 8-201 (definitions) and § 8-102.1 (application) for the controlling language.
The single most important rule: a building must be officially recognized as historically significant by an appropriate government body (or be on an official register/inventory) for it to be treated as a qualified historical building or property under the CHBC.
Requirements in detail
Core elements that make a property “qualified”
- Designation or determination of significance by an appropriate local or state governmental jurisdiction — this is the primary test for qualification (includes official registers and inventories). § 8-201; CHBC preface quoting H&S Code language.
- Owner election: For private properties, the owner must elect to have work permitted under the CHBC; the local enforcing agency then applies CHBC provisions for the permitted repairs, alterations or additions. § 8-102.1 (1).
- State agencies: State agencies must apply the CHBC to qualified properties under their control — they do not need an “owner election.” § 8-102.1 (2).
What the CHBC will cover once a property qualifies
- All code compliance issues relating to repairs, alterations, additions, relocation, restoration, rehabilitation or continued use of the qualified property shall be handled under the CHBC (it may be used together with the regular code to develop solutions). § 8-102.1.
- Work required to correct an unsafe building or property may be limited to remediation of the unsafe conditions rather than bringing the entire property up to regular‑code new construction standards. § 8-102.1.5.
Decision matrix (quick reference)
| Decision dimension | Key value / threshold | How you determine it | Code Reference |
|---|---|---|---|
| Who can declare a property “qualified” | Appropriate local or state governmental jurisdiction (includes city/county registers) | Check local register, state register, or written determination by local/state agency | § 8-201 |
| Inclusion on national/state lists | National Register, California Register, State Historical Landmarks, local inventories count | Search registers/inventories or eligibility notices | § 8-201 |
| Private owner use of CHBC | Owner elects to use CHBC for permitting | Written election when applying for permit; enforcing agency applies CHBC | § 8-102.1 (1) |
| State agency handling | Mandatory — state agencies shall apply CHBC | State agency permit/review processes | § 8-102.1 (2) |
| Scope of CHBC coverage | Repairs/alterations/additions/relocation/restoration/rehabilitation/continued use | Permit application scope and CHBC applicability check | § 8-102.1 |
| Unsafe‑building work | Only required corrective work to unsafe conditions (not whole‑building regular‑code upgrade) | Enforcing agency unsafe finding + CHBC remediation | § 8-102.1.5 |
How the CHBC defines relevant terms
- The CHBC’s definitions chapter sets out the general terms used to implement the program (see § 8-201), including character‑defining feature, historical significance, rehabilitation, restoration, relocation, and what constitutes historical fabric or materials — all of which matter when deciding whether preservation‑oriented alternatives are appropriate. § 8-201.
Exceptions & special cases
- Listing is not the only route: properties may be treated as qualified if an appropriate governmental jurisdiction has otherwise deemed them important to history/architecture/culture (i.e., explicit local determination, not just register listing). § 8-201; CHBC preface.
- The CHBC does not automatically apply to new construction or reconstructions/replicas (see Chapter notes elsewhere), and additions that are nonhistoric must comply with the regular code (see § 8-102.1.1). § 8-102.1.1.
- Relocated qualified buildings: the CHBC allows reconstruction/restoration/rehabilitation to comply with CHBC provisions, but relocated buildings must be sited to comply with the regular code or the CHBC solutions; nonhistoric new construction related to relocation follows regular code. § 8-102.1.2.
- Unsafe buildings: when a qualified property is declared unsafe under the regular code, the CHBC limits required work to correcting the unsafe conditions (not wholesale compliance). § 8-102.1.5.
Common mistakes
- Mistake: “If a building is old, it’s automatically qualified.” — Wrong. The building must be deemed significant by an appropriate governmental jurisdiction or be on an official register or inventory. § 8-201.
- Mistake: “The CHBC applies automatically to private owners.” — Wrong. A private owner must elect to use the CHBC; state agencies are required to apply it. § 8-102.1 (1)–(2).
- Mistake: “Correcting one code deficiency requires bringing the whole building to new‑construction regular code.” — Not true for many cases; where unsafe conditions are identified, CHBC limits required work to correcting those conditions. § 8-102.1.5.
Worked example — determining qualification (concrete scenario)
Scenario: A private owner of a 2,400 sq ft Victorian house wants to restore original woodwork and replace an aging HVAC system while preserving character‑defining features. The house is listed on the city’s historic inventory.
Step 1 — Is it a “qualified historical building or property”? Yes: the city’s official inventory is an “appropriate local governmental” listing that the CHBC explicitly includes as qualifying evidence. § 8-201; CHBC preface.
Step 2 — Who applies the CHBC? As private owner, the owner must elect to have the permitting handled under the CHBC; upon election, the local enforcing agency applies CHBC solutions for the restoration and system upgrade. § 8-102.1 (1).
Step 3 — Scope of required work: Because the work is repair/restoration and not a nonhistorical addition, CHBC provisions (including allowance for in‑kind repairs and preservation of historical materials) apply; the agency may accept alternative, reasonably equivalent solutions to preserve the character‑defining features. § 8-105.1; § 8-102.1.
Result: The owner can pursue restoration under CHBC procedures; required compliance will focus on life‑safety and functional upgrades without unnecessarily destroying historic fabric, provided the owner elects the CHBC and the agency accepts the proposed solutions. § 8-102.1; § 8-201.
Related provisions
- § 8-201 — Definitions (see character‑defining feature, historical significance, rehabilitation, restoration).
- § 8-102.1 — Application of the CHBC (owner election; state agency requirement; scope).
- § 8-102.1.1 — Additions, alterations and repairs (nonhistoric additions conform to regular code).
- § 8-102.1.2 — Relocation rules for qualified historical buildings or properties.
- § 8-102.1.5 — Remediation required when a qualified property is unsafe; limited to correcting unsafe conditions.
- § 8-105.1 — Repairs may be made in‑kind with historical materials subject to CHBC conditions.
- § 8-104.2 — State Historical Building Safety Board (SHBSB) review and appeals (advice for statewide issues).
Code references
Grounded in the retrieved California Historical Building Code — click a citation to read the verbatim passage:
CHBC § 8-3 High relevance — show source text
This shall include historical buildings or properties on, or determined eligible for, national, state or local historical registers or inventories, such as the National Register of Historic Places, California Register of Historical Resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inventories or surveys of historical or architecturally significant sites, places or landmarks.
RECONSTRUCTION. The act or process of depicting, by means of new construction, the form, features and detailing of a nonsurviving site, landscape, building, property or object for the purpose of replicating its appearance at a specific period of time.
REGULAR CODE. The adopted regulations that govern the design and construction or alteration of nonhistorical buildings and properties within the jurisdiction of the enforcing agency.
REHABILITATION. The act or process of making possible a compatible use for qualified historical building or property through repair, alterations and additions while preserving those portions or features which convey its qualified historical, cultural or architectural values.
RELOCATION. The act or process of moving any qualified historical building or property or a portion of a qualified historical building or property to a new site, or a different location on the same site.
REPAIR. Renewal, reconstruction or renovation of any portion of an existing property, site or building for the purpose of its continued use.
RESTORATION. The act or process of accurately depicting the form, features and character of a qualified building or property as it appeared at a particular period of time by the means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
STRUCTURE. That which is built or constructed, an edifice or a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
TREATMENT. An act of work to carry out preservation, restoration, stabilization, rehabilitation or reconstruction.
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8-3 USE AND OCCUPANCY
SECTION 8-301 — PURPOSE AND SCOPE
8-301.1 Purpose. The purpose of the CHBC is to provide regulations for the determination of occupancy classifications and conditions of use for qualified historical buildings or properties.
8-301.2 Scope. Every qualified historical building or property for which a permit or approval has been requested shall be classified prior to permit issuance according to its use or the character of its occupancy in accordance with the regular code and applicable provisions of this chapter.
SECTION 8-302 — GENERAL
8-302.1 Existing use. The use or character of occupancy of a qualified historical building or property, or portion thereof, shall be permitted to continue in use regardless of any period of time in which it may have remained unoccupied or in other uses, provided such building or property otherwise conforms to all applicable requirements of the CHBC.
8-302.2 Change in occupancy. The use or character of the occupancy of a qualified historical building or property may be changed from or returned to its historical use or character, provided the qualified historical building or property conforms to the requirements applicable to the new use or character of occupancy as set forth in the CHBC. Such change in occupancy shall not mandate conformance with new construction requirements as set forth in regular code.
CHBC § 323-9843 High relevance — show source text
State Librarian [SL]
library.ca.gov csllaw@library.ca.gov (916) 323-9843 Public Library Construction & Renovation
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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. Section 18954 states, “The building department of every city or county or other local agency that has jurisdiction over the enforcement of code within its legal authority shall apply the alternative standards and regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure. A state agency shall apply the alternative regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure.” However, be aware that in order to use the CHBC, the structure under consideration must be qualified by being designated as an historical building or structure. Section 18955 states, “For the purposes of this part, a qualified historical building or structure is any structure or property, collection of structures, and their related sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include historical buildings or structures on existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and city or county registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks. This shall also include places, locations, or sites identified on these historical registers or official inventories and deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction.” The regulations of the CHBC have the same authority as state law and are to be considered as such. Liability is the same as for prevailing law. The intent of the CHBC is to save California’s architectural heritage by recognizing the unique construction problems inherent in historical buildings and by providing a code to deal with these problems.
CHBC § 8-2 High 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 § 8-101.1 High relevance — show source text
8-101.1 Title. These regulations shall be known as the California Historical Building Code and will be referred to herein as “the CHBC.”
8-101.2 Purpose. The purpose of the CHBC is to provide regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties (as defined in Chapter 8-2). The CHBC is intended to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users. The CHBC requires enforcing agencies to accept solutions that are reasonably equivalent to the regular code (as defined in Chapter 8-2) when dealing with qualified historical buildings or properties.
8-101.3 Intent. The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings or properties while providing reasonable safety for the building occupants and access for persons with disabilities.
SECTION 8-102 — APPLICATION
8-102.1 Application. The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. The CHBC may be used in conjunction with the regular code to provide solutions to facilitate the preservation of qualified historical buildings or properties. The CHBC shall be used by any agency with jurisdiction and whenever compliance with the code is required for qualified historical buildings or properties.
- State or local enforcing agency. The state or local enforcing agency shall apply 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 when so elected by the private property owner.
- 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.
CHBC § 8-3 High relevance — show source text
TREATMENT. An act of work to carry out preservation, restoration, stabilization, rehabilitation or reconstruction.
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8-3 USE AND OCCUPANCY
SECTION 8-301 — PURPOSE AND SCOPE
8-301.1 Purpose. The purpose of the CHBC is to provide regulations for the determination of occupancy classifications and conditions of use for qualified historical buildings or properties.
8-301.2 Scope. Every qualified historical building or property for which a permit or approval has been requested shall be classified prior to permit issuance according to its use or the character of its occupancy in accordance with the regular code and applicable provisions of this chapter.
SECTION 8-302 — GENERAL
8-302.1 Existing use. The use or character of occupancy of a qualified historical building or property, or portion thereof, shall be permitted to continue in use regardless of any period of time in which it may have remained unoccupied or in other uses, provided such building or property otherwise conforms to all applicable requirements of the CHBC.
8-302.2 Change in occupancy. The use or character of the occupancy of a qualified historical building or property may be changed from or returned to its historical use or character, provided the qualified historical building or property conforms to the requirements applicable to the new use or character of occupancy as set forth in the CHBC. Such change in occupancy shall not mandate conformance with new construction requirements as set forth in regular code.
8-302.3 Occupancy separations. Required occupancy separations of more than one hour may be reduced to one-hour fire-resistive construction with all openings protected by not less than three-fourths-hour fire-resistive assemblies of the self-closing or automatic-closing type when the building is provided with an automatic sprinkler system throughout the entire building in accordance with Section 8-410.2. Doors equipped with automatic-closing devices shall be of a type which will function upon activation of a device which responds to products of combustion other than heat.
Required occupancy separations of one hour may be omitted when the building is provided with an automatic sprinkler system throughout.
8-302.4 Maximum floor area. Regardless of the use or character of occupancy, the area of a one-story qualified historical building or property may have, but shall not exceed, a floor area of 15,000 square feet (1393.5 m [2] ) unless such an increase is otherwise permitted in regular code. Multistory qualified historical buildings (including basements and cellars) shall be in accordance with regular code requirements.
Exception: Historical buildings may be unlimited in floor area without fire-resistive area separation walls:
- When provided with an automatic sprinkler, or
- Residential occupancies of two stories or less when provided with a complete fire alarm and annunciation system and where the exiting system conforms to regular code.
8-302.5 Maximum height. The maximum height and number of stories of a qualified historical building or property shall not be limited because of construction type, provided such height or number of stories does not exceed that of its historical design.
CHBC § 8-1001 High relevance — show source text
Section
8-1001 Purpose and Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8-1002 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 8-1003 Site Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
HISTORY NOTE APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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8-1 ADMINISTRATION
Note: The California Historical Building Code, Part 8 of Title 24, governs for all qualified historical buildings or properties in the State of California.
SECTION 8-101 — TITLE, PURPOSE AND INTENT
8-101.1 Title. These regulations shall be known as the California Historical Building Code and will be referred to herein as “the CHBC.”
8-101.2 Purpose. The purpose of the CHBC is to provide regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties (as defined in Chapter 8-2). The CHBC is intended to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users. The CHBC requires enforcing agencies to accept solutions that are reasonably equivalent to the regular code (as defined in Chapter 8-2) when dealing with qualified historical buildings or properties.
8-101.3 Intent. The intent of the CHBC is to facilitate the preservation and continuing use of qualified historical buildings or properties while providing reasonable safety for the building occupants and access for persons with disabilities.
SECTION 8-102 — APPLICATION
8-102.1 Application. The CHBC is applicable to all issues regarding code compliance for qualified historical buildings or properties. The CHBC may be used in conjunction with the regular code to provide solutions to facilitate the preservation of qualified historical buildings or properties. The CHBC shall be used by any agency with jurisdiction and whenever compliance with the code is required for qualified historical buildings or properties.
- State or local enforcing agency. The state or local enforcing agency shall apply 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 when so elected by the private property owner.
- **State agencies.
CHBC § 8-1002.1 High relevance — show source text
8-1002.1 The CHBC shall apply to all sites and districts and their features associated with qualified historical buildings or qualified historical districts as outlined in 8-1001.2 Scope.
8-1002.2 Where the application of regular code may impact the associated features of qualified historical properties beyond their footprints, by work performed secondarily, those impacts shall also be covered by the CHBC.
8-1002.3 This chapter shall be applied for all issues regarding code compliance or other standard or regulation as they affect the purpose of this chapter.
8-1002.4 The application of any code or building standard shall not unduly restrict the use of a qualified historical building or property that is otherwise permitted pursuant to Chapter 8-3 and the intent of the State Historical Building Code, Section 18956.
SECTION 8-1003 — SITE RELATIONS
The relationship between a building or property and its site, or the associated features of a district (including qualified historical landscape), site, objects and their features are critical components that may be one of the criteria for these buildings and properties to be qualified under the CHBC. The CHBC recognizes the importance of these relationships. This chapter shall be used to provide context sensitive solutions for treatment of qualified historical buildings, properties, district or their associated historical features, or when work to be performed secondarily impacts the associated historical features of a qualified historical building or property.
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APPENDIX A Col2 Col3 Col4 CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY Title II
Public EntitiesTitle III
Private EntitiesTitle III
Barrier RemovalSECTION 8-601 PURPOSE, INTENT, SCOPE
**8-601.1 Purpose.**The purpose of the CHBC is to provide alternative regulations to facilitate
access and use by persons with disabilities to and throughout facilities designated as quali-
fied historical buildings or properties. These regulations require enforcing agencies to
accept alternatives to regular code when dealing with qualified historical buildings or
properties.
**8-601.2 Intent.**The intent of this chapter is to preserve the integrity of qualified historical
buildings and properties while providing access to and use by persons with disabilities.
**8-601.3 Scope.**The CHBC shall apply to every qualified historical building or property that
is required to provide access to persons with disabilities.
1.Provisions of this chapter do not apply to new construction or reconstruction/replicas of
historical buildings.
2. Where provisions of this chapter apply to alteration of qualified historical buildings or
properties, alteration is defined in_ California Building Code_ (CBC), Chapter 2.
**8-601.4 General application.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.
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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.
CHBC § 8-1001.1 High relevance — show source text
8-1001.1 Purpose. The purpose of this chapter is to provide regulations for the preservation, rehabilitation, restoration and reconstruction of associated historical features of qualified historical buildings, properties or districts (as defined in Chapter 8-2), and for which Chapters 8-3 through 8-9 of the CHBC may not apply.
8-1001.2 Scope. This chapter applies to the associated historical features of qualified historical buildings or properties such as historical districts that are beyond the buildings themselves which include, but are not limited to, natural features and designed site and landscape plans with natural and man-made landscape elements that support their function and aesthetics. This may include, but will not be limited to:
- Site plan layout configurations and relationships (pedestrian, equestrian and vehicular site circulation, topographical grades and drainage, and use areas).
- Landscape elements (plant materials, site structures other than the qualified historical building, bridges and their associated structures, lighting, water features, art ornamentation, and pedestrian, equestrian and vehicular surfaces).
- Functional elements (utility placement, erosion control and environmental mitigation measures).
SECTION 8-1002 — APPLICATION
8-1002.1 The CHBC shall apply to all sites and districts and their features associated with qualified historical buildings or qualified historical districts as outlined in 8-1001.2 Scope.
8-1002.2 Where the application of regular code may impact the associated features of qualified historical properties beyond their footprints, by work performed secondarily, those impacts shall also be covered by the CHBC.
8-1002.3 This chapter shall be applied for all issues regarding code compliance or other standard or regulation as they affect the purpose of this chapter.
8-1002.4 The application of any code or building standard shall not unduly restrict the use of a qualified historical building or property that is otherwise permitted pursuant to Chapter 8-3 and the intent of the State Historical Building Code, Section 18956.
SECTION 8-1003 — SITE RELATIONS
The relationship between a building or property and its site, or the associated features of a district (including qualified historical landscape), site, objects and their features are critical components that may be one of the criteria for these buildings and properties to be qualified under the CHBC. The CHBC recognizes the importance of these relationships. This chapter shall be used to provide context sensitive solutions for treatment of qualified historical buildings, properties, district or their associated historical features, or when work to be performed secondarily impacts the associated historical features of a qualified historical building or property.
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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.
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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 § 8-6 High relevance — show source text
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APPENDIX A Col2 Col3 Col4 CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY CHAPTER 8-6—TABLE 1—PROVISION APPLICABILITY Title II
Public EntitiesTitle III
Private EntitiesTitle III
Barrier RemovalSECTION 8-601 PURPOSE, INTENT, SCOPE
**8-601.1 Purpose.**The purpose of the CHBC is to provide alternative regulations to facilitate
access and use by persons with disabilities to and throughout facilities designated as quali-
fied historical buildings or properties. These regulations require enforcing agencies to
accept alternatives to regular code when dealing with qualified historical buildings or
properties.
**8-601.2 Intent.**The intent of this chapter is to preserve the integrity of qualified historical
buildings and properties while providing access to and use by persons with disabilities.
**8-601.3 Scope.**The CHBC shall apply to every qualified historical building or property that
is required to provide access to persons with disabilities.
1.Provisions of this chapter do not apply to new construction or reconstruction/replicas of
historical buildings.
2. Where provisions of this chapter apply to alteration of qualified historical buildings or
properties, alteration is defined in_ California Building Code_ (CBC), Chapter 2.
8-601.4 General application. The provisions in the CHBC apply to local, state and federal
governments (Title II entities); alteration of commercial facilities and places of public
accommodation (Title III entities); and barrier removal in commercial facilities and places of
public accommodation (Title III entities). Except as noted in this chapter.Applies Applies Applies SECTION 8-602 — BASIC PROVISIONS
8-602.1 Regular code. The regular code for access for people with disabilities (Title 24, Part
2, Vol.1, Chapter 11B) shall be applied to qualified historical buildings or properties unless
strict compliance with the regular code will threaten or destroy the historical significance or
character-defining features of the building or property.
**8-602.2 Alternative provisions.**If the historical significance or character-defining features
are threatened, alternative provisions for access may be applied pursuant to this chapter,
provided the following conditions are met:
1.These provisions shall be applied only on an item-by-item or case-by-case basis.
2.Documentation is provided, including meeting minutes or letters, stating the reasons
for the application of the alternative provisions. Such documentation shall be retained
in the permanent file of the enforcing agency.Applies Applies Applies Section 8-603 — ALTERNATIVES
**8-603.1 Alternative minimum standards.**The alternative minimum standards for alter-
ations of qualified historical buildings or facilities are referenced in Section 202.5 of the_ 2010_
ADA Standards for Accessible Design, as incorporated and set forth in federal regulation 28
CFR Pt. 36.
**8-603.2 Entry.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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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.
Frequently asked questions
Who decides whether a property is “qualified”?
An appropriate local or state governmental jurisdiction does — by listing it on an official register/inventory or otherwise deeming it important to history/architecture/culture. § 8-201.
Does an owner have to use the CHBC?
Private owners may choose (elect) to use the CHBC when seeking permits for qualifying work; state agencies must apply the CHBC. § 8-102.1 (1)–(2).
If a building is unsafe, must the whole building be upgraded to modern code?
No — where a qualified historical property is declared unsafe, required work may be limited to correcting the unsafe conditions rather than bringing the entire property into compliance with the regular (new‑construction) code. § 8-102.1.5.
Is listing on the National Register required?
No — national listing is one clear path, but the CHBC also explicitly accepts state and local registers and other determinations of historical importance by appropriate governmental jurisdictions. § 8-201; CHBC preface.
Can I use original construction methods and materials in repairs?
Yes — CHBC allows in‑kind repairs using historical materials and original methods where appropriate, subject to CHBC conditions. § 8-105.1.
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