Enforcement, review, appeals and documentation

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

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

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

  SECTION 8-103 — ORGANIZATION AND ENFORCEMENT

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

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

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

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  ADMINISTRATION

  SECTION 8-104 — REVIEW AND APPEALS

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

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

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

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

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

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

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

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

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

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

  SECTION 8-105 — CONSTRUCTION METHODS AND MATERIALS

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

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

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

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

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

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

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

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

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

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

  SECTION 8-103 — ORGANIZATION AND ENFORCEMENT

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

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

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

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  ADMINISTRATION

  SECTION 8-104 — REVIEW AND APPEALS

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

  **8-104.2 SHBSB review.

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

  CONTENTS

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

  Section

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

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

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

  Section

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

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

  Section

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

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

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

  Section

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

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

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

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

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

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

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  ACCESSIBILITY

  SECTION 8-604 — EQUIVALENT FACILITATION

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

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

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

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

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  8-7 STRUCTURAL REGULATIONS

  SECTION 8-701 — PURPOSE, INTENT AND SCOPE

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

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

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

  SECTION 8-702 — GENERAL

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

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

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

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

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  CONTENTS

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

  Section

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

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

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

  Section

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

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

  Section

• CHBC § 8-603.5 High relevance — show source text

  **Power-assisted door or doors may be considered an
  equivalent alternative to level landings, strikeside clearance and door-opening forces
  required by regular code.
  8-603.5 Toilet rooms. In lieu of separate-gender toilet facilities as required in the regular
  code, an accessible unisex toilet may be designated.
  **8-603.6 Exterior and interior ramps and lifts.**Alternatives listed in order of priority are:
  1.A lift or a ramp of greater than standard slope but no greater than 1:10, for horizontal
  distances not to exceed 5 feet (1525 mm). Signs shall be posted at upper and lower
  levels to indicate steepness of the slope.
  2.Access by ramps of 1:6 slope for horizontal distance not to exceed 13 inches (330 mm).
  Signs shall be posted at upper and lower levels to indicate steepness of the slope.|Applies|Applies|Applies| |SECTION 8-604 — EQUIVALENT FACILITATION
  Use of other designs and technologies, or deviation from particular technical and scoping
  requirements, are permitted if the application of the alternative provisions contained in
  Section 8-603 would threaten or destroy the historical significance or character-defining
  features of the qualified historical building or property.
  1.Such alternatives shall be applied only on an item-by-item or case-by-case basis.
  2.Access provided by experiences, services, functions, materials and resources through
  methods including, but not limited to, maps, plans, videos, virtual reality and related
  equipment, at accessible levels. The alternative design and/or technologies used will
  provide substantially equivalent or greater accessibility to, and usability of, the
  facility.
  3.The official charged with the enforcement of the standards shall document the reasons
  for the application of the design and/or technologies and their effect on the historical
  significance or character-defining features. Such documentation shall be in accordance
  with Section 8-602.2, Item 2, and shall include the opinion and comments of state or
  local accessibility officials, and the opinion and comments of representative local
  groups of people with disabilities. Such documentation shall be retained in the
  permanent file of the enforcing agency. Copies of the required documentation should
  be available at the facility upon request.
  ** Note:**For commercial facilities and places of public accommodation
  (Title III entities).
  Equivalent facilitation for an element of a building or property when applied as a waiver
  of an ADA accessibility requirement will not be entitled to the Federal Department of
  Justice certification of this code as rebuttable evidence of compliance for that element.|Applies|Waivers
  If a builder
  applies for a
  waiver of an ADA
  accessibility
  requirement for
  an element of a
  building, he or
  she will not be
  entitled to
  certification’s
  rebuttable
  evidence of
  compliance for
  that element. This
  limitation on the
  certification
  determination
  should be noted
  in any publication
  of Chapter 8-6 if
  certification is
  granted.|Applies| |**Notes:**The regular code for Chapter 8-6 is contained in Title 24, Part 2, Vol.1, Chapter 11B, which contain standards for new construction.
  Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations.

• CHBC § 8-6 Medium 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 Entities	Title III Private Entities	Title III Barrier Removal
  SECTION 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 § 323-9843 Medium 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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  HOW TO DETERMINE WHERE CHANGES HAVE BEEN MADE

  Symbols in the margins indicate where changes have been made or language has been deleted.

  This symbol indicates that a change has been made.

  • This symbol indicates deletion of language.

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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 § 8-1001 Medium 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.

  1. 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.
  2. **State agencies.
• CHBC § 8-2 Medium relevance — show source text

  2 2025 CALIFORNIA HISTORICAL BUILDING CODE

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

  8-2 DEFINITIONS

  SECTION 8-201 — DEFINITIONS

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

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

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

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

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

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

  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.