CHBC · California Historical Building Code
How does the State Historical Building Safety Board (SHBSB) review and appeals process work?
The SHBSB is the CHBC’s official review-and-appeal board. Enforcing agency chiefs, building officials or local boards may submit written requests; local agencies or affected persons can appeal directly when the issue has statewide significance. The Board determines whether proposed alternatives are reasonably equivalent and transmits its decision to the enforcing agency. State agencies must consult the SHBSB before acting on qualified historical properties, and the Board may recover review costs (CHBC §§ 8-104.1–8-104.4; § 8-106.1) .
Last reviewed: July 6, 2026
What the code requires — plain English
The State Historical Building Safety Board (SHBSB) is the CHBC’s formal review-and-appeal body; it interprets the CHBC and hears appeals from state and local enforcing agencies or any affected party (see § 8-104.1). When a proposed design, material or method of construction for a qualified historical building or property is in question, an enforcing agency chief, building official or local board of appeals may file a written request for opinion with the SHBSB; the Board then determines whether the proposal is reasonably equivalent for the intended purpose and transmits its decision to the enforcing agency (§ 8-104.2) .
The single most important rule: the SHBSB issues findings on equivalency and appeals by written request, and state agencies must consult the Board before acting on qualified historical buildings (§ 8-104.2; § 8-104.2.1) .
Requirements in detail
Who may initiate review or appeal
- Written requesters: an enforcing agency chief, building official, or local board of appeals may file a written request for an opinion when a proposal is being considered (§ 8-104.2) .
- Direct appeals: a local agency administering the CHBC or any person adversely affected by an enforcing agency’s regulation, interpretation, decision or practice may appeal directly to the Board, but the Board will accept only matters it determines to be of statewide significance (§ 8-104.3) .
- State agencies: all state agencies that own, or act for owners of, qualified historical buildings or properties must consult and obtain SHBSB review before taking actions that affect those properties (§ 8-104.2.1) .
- Imminent-threat cases: if a state agency declares an imminent threat to life/safety and demolition is contemplated, the assessing state agency must consult the SHBSB before demolition (§ 8-104.2.2) .
What the SHBSB decides and how it proceeds
- The Board may seek advice from other private or public boards, individuals, or state/local agencies in reviewing a request (§ 8-104.2) .
- The determination the SHBSB issues is whether the proposed design, material or method is reasonably equivalent to what the CHBC allows for the purpose intended; it then transmits findings and its decision to the enforcing agency for application (§ 8-104.2) .
- Rulings of statewide application must be submitted in printed form to the California Building Standards Commission (see § 8-106.1) .
Fees, cost recovery, and local fees
- The Board may recover the costs of its reviews; it will report decisions in printed form and copy them to the California Building Standards Commission (§ 8-104.2) .
- Local agencies that actively participate in an appeal may charge affected persons reasonable fees not to exceed the cost of obtaining reviews and appeals from the Board (§ 8-104.4) .
Decision-relevant dimensions (quick reference table)
| Decision dimension / value | What it means for process | Typical effect | Code reference |
|---|---|---|---|
| Who may request review | Enforcing agency chief, building official, local board of appeals can file written requests | Board will consider and advise on equivalency | § 8-104.2 |
| Direct appeals | Local agency or person adversely affected may appeal directly | Board accepts only if statewide significance | § 8-104.3 |
| State agency actions | All state agencies with ownership/acting for owners must consult SHBSB first | Mandatory pre-action review for state projects | § 8-104.2.1 |
| Imminent demolition | Consult required when imminent threat declared before demolition | Prevents immediate demolition without Board input | § 8-104.2.2 |
| Cost recovery | Board may recover review costs; local fees may not exceed those costs | Fees can be charged but CHBC does not set amounts | §§ 8-104.2, 8-104.4 |
| Publication of rulings | Rulings of statewide application submitted to CBSC in print | Creates guidance for similar cases | § 8-106.1 |
Exceptions & special cases
- The Board will accept direct appeals only when the issue is of statewide significance — local-only disputes may be outside its acceptance under § 8-104.3 .
- For state agencies, SHBSB consultation is mandatory before taking actions that affect qualified historical buildings or properties (§ 8-104.2.1) — this is a statutory obligation independent of local practices .
- In emergencies where a structure is an imminent threat, demolition still requires SHBSB consultation before demolition is undertaken by the assessing state agency (§ 8-104.2.2) .
- The CHBC authorizes recovery of costs but does not set specific fee amounts — amounts, procedures and billing are handled administratively (see §§ 8-104.2, 8-104.4) .
Common mistakes
- Assuming the SHBSB will automatically hear any dispute — the Board accepts direct appeals only for issues of statewide significance (§ 8-104.3) .
- Failing to submit a written request: the CHBC requires a written request for opinion when using § 8-104.2 review procedures — verbal inquiries are not the formal start of review (§ 8-104.2) .
- State agencies treating SHBSB review as optional — for state-owned historic properties the consultation is mandatory prior to action (§ 8-104.2.1) .
- Expecting the SHBSB to set fee amounts — the code allows cost recovery but does not prescribe dollar amounts; local agencies may only charge fees up to the Board’s cost (§ 8-104.4) .
Worked example — concrete scenario (illustrative numbers only)
Scenario: A city building official is reviewing a permit to install a non-original exit stair configuration in a qualified historical theater. The owner proposes an alternative stair material and guard detail that preserves historic fabric but departs from the regular code.
- The building official files a written request for opinion with the SHBSB while the proposal is being considered (§ 8-104.2) .
- The SHBSB solicits input from a preservation architect and the state fire marshal, then evaluates whether the proposed stair is reasonably equivalent in safety and function to the CHBC/regular code solution (§ 8-104.2) .
- The Board issues findings and transmits its decision to the enforcing agency; if it finds the solution reasonably equivalent, the city may apply that solution in permit review (§ 8-104.2) .
- The Board may recover its review costs; suppose the Board’s administrative cost for the review (hypothetical) is $2,500 — the CHBC permits cost recovery but does not set this amount. The local agency may charge the applicant reasonable fees not to exceed the Board’s cost for the appeal (§§ 8-104.2, 8-104.4) .
Note: the dollar figures above are purely illustrative; the CHBC authorizes cost recovery but does not establish specific fee schedules in the text provided (§§ 8-104.2, 8-104.4) .
Related provisions
- § 8-104.1 — State Historical Building Safety Board (SHBSB) (Board acts as appeal and review body)
- § 8-104.2 — SHBSB review procedures; written request, advice, reasonable-equivalency determination, cost recovery
- § 8-104.2.1 — State agencies must consult and obtain SHBSB review before actions affecting qualified historical buildings or properties
- § 8-104.2.2 — Imminent threat: consult SHBSB before demolition where imminent threat is declared
- § 8-104.3 — SHBC appeals: who may appeal directly and the “statewide significance” acceptance standard
- § 8-104.4 — Local agency fees when actively involved in appeals; fees not to exceed Board costs
- § 8-106.1 — Rulings of the SHBSB of statewide application are submitted to the California Building Standards Commission
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.
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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 § 8-1 Medium relevance — show source text
After further development and refinement, the enacting legislation to create the authority for the code and an advisory board to prepare regulations to implement it (SB 927, Mills) was supported by both the legislature and the public. It was signed by the governor in September 1975, and became effective January 1, 1976. The members of the advisory board, which were required by law to include local and state building officials, individuals from the building industry and design professions, as well as representatives from city and county governments, were appointed and held their first session in Sacramento on February 24, 1976. This Board’s duties included the preparation of code regulations and the review of specific historic building cases, when officially requested by governing bodies. Several of the Board’s members were a part of the original ad hoc steering committee and thus provided a continuity and smooth transition from the inception of the code’s philosophy to its pragmatic implementation in these performance–oriented regulations. The first comprehensive regulations were codified in August and October 1979, after years of careful deliberation. Those regulations allowed all jurisdictions to utilize them at their discretion in replacing or modifying details of prevailing prescriptive codes. Changes made in law in 1984 and 1991, and to the code, make the application of the California Historical Building Code statutes and regulations applicable for all agencies and at the discretion of the owner for local jurisdictions when dealing with qualified historical buildings. These current performance regulations were adopted by the Board on June 23, 1998.
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CONTENTS
CHAPTER 8-1 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . 1
Section
8-101 Title, Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . 1 8-102 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8-103 Organization and Enforcement . . . . . . . . . . . . . . . . . . . 1 8-104 Review and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8-105 Construction Methods and Materials . . . . . . . . . . . . . . 2
8-106 SHBSB Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
CHAPTER 8-2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section
8-201 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CHAPTER 8-3 USE AND OCCUPANCY . . . . . . . . . . . . . . . . . . . 5
Section
CHBC § 8-102.1.1 Medium 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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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 § 4.420 Medium relevance — show source text
410|≥4.420|NA|AHRI
550/590| |Water
source
electri-
cally
operated
positive
displace-
ment|<75|≤0.7885
FL
≤0.6316
IPLV.IP|≤0.7875
FL
≤0.5145
IPLV.IP|75/655|NA|NA|NA|≥3.550|NA|NA|NA|6.150|6.150| |Water
source
electri-
cally
operated
positive
displace-
ment|≥75
and
<150|≤0.7579
FL
≤0.5895
IPLV.IP|≤0.7140
FL
≤0.4620
IPLV.IP|54/445|≥4.640|≥3.680|≥2.680|NA|≥8.330|≥6.410|≥4.420|NA|NA| |Water
source
electri-
cally
operated
positive
displace-
ment|≥75
and
<150|≤0.7579
FL
≤0.5895
IPLV.IP|≤0.7140
FL
≤0.4620
IPLV.IP|75/655|NA|NA|NA|≥3.550|NA|NA|NA|6.150|6.150| |Water
source
electri-
cally
operated
positive
displace-
ment|≥150
and
<300|≤0.6947
FL
≤0.5684
IPLV.IP|≤0.7140
FL
≤0.4620
IPLV.IP|54/445|≥4.640|≥3.680|≥2.680|NA|≥8.330|≥6.410|≥4.420|NA|NA| |Water
source
electri-
cally
operated
positive
displace-
ment|≥150
and
<300|≤0.6947
FL
≤0.5684
IPLV.IP|≤0.7140
FL
≤0.4620
IPLV.IP|75/655|NA|NA|NA|≥3.550|NA|NA|NA|6.150|6.150| |Water
source
electri-
cally
operated
positive
displace-
ment|≥300
and
<600|≤0.6421
FL
≤0.5474
IPLV.IP|≤0.6563
FL
≤0.4305
IPLV.IP|54/445|≥4.930|≥3.960|≥2.970|NA|≥8.900|≥6.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 § 8-104.4 Medium 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 § 8-101.1 Medium 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 § 18959.5 Medium relevance — show source text
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.
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HISTORICAL PREFACE
The background of the California Historical Building Code can be traced to December 1973, when the State Department of Parks and Recreation published the California History Plan, Volume I, in which Recommendation No. 11 was proposed by the then California Landmarks Advisory Committee (later to become The State Historical Resources Commission). This proposal expressed a need for a new building code to meet the intent of protecting the public health and safety and also retain “enough flexibility to allow restoration of a Historic feature while still retaining its Historic integrity.” No. 11 of this History Plan supported this need by stating that “. . . restoration . . . is frequently made difficult by unnecessarily rigid interpretation of building . . . codes.” In March of 1974, the Landmarks Committee by resolution recommended that the Director of the State Department of Parks and Recreation and the State Architect initiate a study to develop this needed code. These two officials accepted this concept and jointly called a statewide meeting in Sacramento on May 14th of that year. Attending were representatives from both the public and private sectors, such as members of the building industry, design professions, local and state building officials, and others interested in this problem. Out of this open conference, a steering committee was formed to explore in depth the ways and means of implementing the new historical building code concept. This ad hoc committee was chaired by a representative from the California Council, American Institute of Architects and composed of a comprehensive cross section of the professional organizations and government agencies concerned with design and code enforcement. Meetings began late in 1974 and continued into early 1975. By April of that year, a legislative subcommittee of the ad hoc group drafted a sample bill for the proposed code and requested that it be carried by Senator James R. Mills, President Pro Tempore of the Senate.
CHBC § 8-1 Medium relevance — show source text
CONTENTS
CHAPTER 8-1 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . 1
Section
8-101 Title, Purpose and Intent. . . . . . . . . . . . . . . . . . . . . . . . . 1 8-102 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8-103 Organization and Enforcement . . . . . . . . . . . . . . . . . . . 1 8-104 Review and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8-105 Construction Methods and Materials . . . . . . . . . . . . . . 2
8-106 SHBSB Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
CHAPTER 8-2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section
8-201 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CHAPTER 8-3 USE AND OCCUPANCY . . . . . . . . . . . . . . . . . . . 5
Section
8-301 Purpose and Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8-302 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8-303 Residential Occupancies. . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER 8-4 FIRE PROTECTION. . . . . . . . . . . . . . . . . . . . . . . 7
Section
8-401 Purpose, Intent and Scope . . . . . . . . . . . . . . . . . . . . . . . 7
8-402 Fire-resistive Construction . . . . . . . . . . . . . . . . . . . . . . . 7
8-403 Interior Finish Materials. . . . . . . . . . . . . . . . . . . . . . . . . . 7
8-404 Wood Lath and Plaster. . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8-405 Occupancy Separation . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8-406 Maximum Floor Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CHBC § 8-3 Medium 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 § 1404.13.3 Medium relevance — show source text
[BS] 1404.13.3 Application. Thin exterior structural glass veneer shall be set only after backing is thoroughly dry and after application of an approved bond coat uniformly over the entire surface of the backing so as to effectively seal the surface. Glass shall be set in place with an approved mastic cement in sufficient quantity so that not less than 50 percent of the area of each glass unit is directly bonded to the backing by mastic not less than [1] / 4 inch (6.4 mm) thick and not more than [5] / 8 inch (15.9 mm) thick. The bond coat and mastic shall be evaluated for compatibility and shall bond firmly together.
[BS] 1404.13.4 Installation at sidewalk level. Where glass extends to a sidewalk surface, each section shall rest in an approved metal molding, and be set not less than [1] / 4 inch (6.4 mm) above the highest point of the sidewalk. The space between the molding and the sidewalk shall be thoroughly caulked and made watertight.
[BS] 1404.13.4.1 Installation above sidewalk level. Where thin exterior structural glass veneer is installed above the level of the top of a bulkhead facing, or at a level more than 36 inches (914 mm) above the sidewalk level, the mastic cement binding shall be supplemented with approved nonferrous metal shelf angles located in the horizontal joints in every course. Such shelf angles shall be not less than 0.0478-inch (1.2 mm) thick and not less than 2 inches (51 mm) long and shall be spaced at approved intervals, with not less than two angles for each glass unit. Shelf angles shall be secured to the wall or backing with expansion bolts, toggle bolts or by other approved methods.
[BS] 1404.13.5 Joints. Unless otherwise specifically approved by the building official, abutting edges of thin exterior structural glass veneer shall be ground square. Mitered joints shall not be used except where specifically approved for wide angles. Joints shall be uniformly buttered with an approved jointing compound and horizontal joints shall be held to not less than 0.063 inch (1.6 mm) by an approved nonrigid substance or device. Where thin exterior structural glass veneer abuts nonresilient material at sides or top, expansion joints not less than [1] / 4 inch (6.4 mm) wide shall be provided.
[BS] 1404.13.6 Mechanical fastenings. Thin exterior structural glass veneer installed above the level of the heads of show windows and veneer installed more than 12 feet (3658 mm) above sidewalk level shall, in addition to the mastic cement and shelf angles, be held in place by the use of fastenings at each vertical or horizontal edge, or at the four corners of each glass unit. Fastenings shall be secured to the wall or backing with expansion bolts, toggle bolts or by other methods. Fastenings shall be so designed as to hold the glass veneer in a vertical plane independent of the mastic cement. Shelf angles providing both support and fastenings shall be permitted.
[BS] 1404.13.7 Flashing. Exposed edges of thin exterior structural glass veneer shall be flashed with overlapping corrosion-resistant metal flashing and caulked with a waterproof compound in a manner to effectively prevent the entrance of moisture between the glass veneer and the backing.
Frequently asked questions
Who can file a written request to the SHBSB?
An enforcing agency chief, building official, or local board of appeals may file a written request for opinion while a proposed design, material or method is being considered (§ 8-104.2) .
Can a private property owner appeal directly to the SHBSB?
Yes—any person adversely affected may appeal directly to the Board, but the Board will accept the appeal only if it determines the issue is of statewide significance (§ 8-104.3) .
Are state agencies required to use the SHBSB?
Yes—all state agencies that own (or act for owners of) qualified historical buildings or properties shall consult and obtain SHBSB review prior to actions affecting those properties (§ 8-104.2.1) .
Does the SHBSB set the dollar amount for review fees?
No—the CHBC authorizes the Board to recover review costs and allows local agencies to charge fees not to exceed those costs, but the code text does not specify fee amounts (§§ 8-104.2, 8-104.4) .
What happens in an emergency demolition situation?
If a state agency declares a qualified historical building an imminent threat to life/safety, the assessing state agency must consult with the SHBSB before any demolition is undertaken (§ 8-104.2.2) .
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