CHBC · California Historical Building Code

Use and Occupancy

Chapter 8-3 of the CHBC defines how qualified historical buildings are classified and regulated for continued use or change of occupancy while allowing preservation-minded alternatives.

Last reviewed: July 6, 2026

Overview

The California Historical Building Code (CHBC) Chapter 8-3, “Use and Occupancy,” establishes how qualified historical buildings and properties are classified for use and occupancy and when the CHBC — rather than the regular code — applies. The chapter’s Purpose and Scope (see § 8-301.1 and § 8-301.2) explain that occupancy classifications must be determined for permit issuance while allowing alternatives that preserve historical character .

This part of the CHBC matters because it balances life-safety with preservation: existing historical uses may be continued (see § 8-302.1), changes to historical use are permitted when the building meets requirements for the new use (see § 8-302.2), and the code includes tailored provisions on occupancy separations, floor-area and height limits, and other adaptations (see § 8-302.3–§ 8-302.5) that often make preservation feasible without full new-construction compliance . The chapter also cross-references related CHBC chapters — notably Fire Protection (Chapter 8-4) and Means of Egress (Chapter 8-5) — and specific provisions such as escape windows (§ 8-503) and automatic sprinkler options (§ 8-410) used to address distinct hazards .

If you’re looking for the rules that govern continued historical use, change of use, maximum area/height exceptions, or the acceptance of “reasonably equivalent” alternatives in lieu of strict regular-code compliance, start in Chapter 8-3 (especially §§ 8-301 through 8-303) and follow the chapter’s cross-references to the fire protection and egress provisions cited above .

In this section

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 § 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:

    1. When provided with an automatic sprinkler, or
    2. 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 § 8-302.6 High relevance — show source text

    8-302.6 Fire-resistive construction. See Chapter 8-4.

    8-302.7 Light and ventilation. Existing provisions for light and ventilation which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain. See Section 8-303.6 for residential requirements. See Section 8-503 for Escape or Rescue Windows and Doors.

    SECTION 8-303 RESIDENTIAL OCCUPANCIES

    8-303.1 Purpose. The purpose of this section is to provide regulations for those buildings designated as qualified historical buildings or properties and classified as residential occupancies. The CHBC requires enforcing agencies to accept any reasonably equivalent alternative to the regular code when dealing with qualified historical buildings and properties.

    8-303.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings and properties while maintaining a reasonable degree of protection of life, health and safety for the occupants.

    8-303.3 Application and scope. The provisions of this section shall apply to all qualified historical buildings used for human habitation. Those dwelling units intended only for display, or public use with no residential use involved, need not comply with the requirements of this section.

    8-303.4 Fire escapes. See Chapter 8-5.

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    USE AND OCCUPANCY

    8-303.5 Room dimensions. Rooms used for sleeping purposes may contain a minimum of 50 square feet (4.6 m [2] ) floor area, provided there is maintained an average ceiling height of 7 feet (2134 mm). Other habitable rooms need only be of adequate size to be functional for the purpose intended.

    8-303.6 Light and ventilation. Windows in habitable rooms shall have an area of 6 percent of the floor area, or 6 square feet (0.56 m [2] ), whichever is greater. Windows in sleeping rooms shall be openable (see Section 8-503). Residential occupancies need not be provided with electrical lighting.

    8-303.7 Alteration and repair. The alteration and repair of qualified historical buildings or properties may permit the replacement, retention and extension of original materials and the continued use of original methods of construction, provided a life safety hazard is not created or continued. Alterations and repairs shall be consistent with the CHBC.

    The amount of alterations and repairs is not limited, provided there is no nonhistorical increase in floor area, volume or size of the building or property.

    8-303.8 Exiting. See Chapter 8-5.

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    8-4 FIRE PROTECTION

    SECTION 8-401 PURPOSE, INTENT AND SCOPE

    8-401.1 Purpose. The purpose of this chapter is to provide regulations for fire protection of 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.

    8-401.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings or properties while maintaining a reasonable degree of fire protection based primarily on the life safety of the occupants and firefighting personnel.

  • CHBC § 8-302.3 High relevance — show source text

    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:

    1. When provided with an automatic sprinkler, or
    2. 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.

    8-302.5.1 High-rise buildings. Occupancies B, F-1, F-2 or S in high-rise buildings with floors located more than 75 feet above the lowest floor level having building access may be permitted with only the stories over 75 feet provided with an automatic fire sprinkler system if:

    1. The building construction type and the exits conform to regular code, and
    2. A complete building fire alarm and annunciation system is installed, and
    3. A fire barrier is provided between the sprinklered and nonsprinklered floors.

    8-302.6 Fire-resistive construction. See Chapter 8-4.

    8-302.7 Light and ventilation. Existing provisions for light and ventilation which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain. See Section 8-303.6 for residential requirements. See Section 8-503 for Escape or Rescue Windows and Doors.

    SECTION 8-303 RESIDENTIAL OCCUPANCIES

    8-303.1 Purpose. The purpose of this section is to provide regulations for those buildings designated as qualified historical buildings or properties and classified as residential occupancies. The CHBC requires enforcing agencies to accept any reasonably equivalent alternative to the regular code when dealing with qualified historical buildings and properties.

    8-303.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings and properties while maintaining a reasonable degree of protection of life, health and safety for the occupants.

    8-303.3 Application and scope. The provisions of this section shall apply to all qualified historical buildings used for human habitation. Those dwelling units intended only for display, or public use with no residential use involved, need not comply with the requirements of this section.

    8-303.4 Fire escapes. See Chapter 8-5.

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  • 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.

    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. 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 § 308.4.2 Medium relevance — show source text

    308.4.2 Condition 2. This occupancy condition shall include buildings in which free movement is allowed from sleeping areas and any other occupied smoke compartment to one or more other smoke compartments. Egress to the exterior is impeded by locked exits.

    308.4.3 Condition 3. This occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments, such as within a residential unit composed of individual sleeping units and group activity spaces, where

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    egress is impeded by remote-controlled release of means of egress from such a smoke compartment to another smoke compartment.

    308.4.4 Condition 4. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Remote-controlled release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments.

    308.4.5 Condition 5. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff-controlled manual release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments.

    308.4.6 Condition 6. This occupancy condition shall include buildings containing only one temporary holding facility with six or fewer persons under restraint or security where the building is protected throughout with a monitored automatic sprinkler system installed in accordance with Section 903.3.1.1 and where the temporary holding facility is protected throughout with an automatic fire alarm system with notification appliances. A Condition 6 building shall be permitted to be classified as a Group B occupancy.

    308.4.7 Condition 7. This occupancy condition shall include buildings containing only one temporary holding facility with nine or less persons under restraint or security where limited to the first or second story, provided the building complies with Section 408.1.2.6. A Condition 7 building shall be permitted to be classified as a Group B occupancy.

    308.4.8 Condition 8. This occupancy condition shall include buildings containing not more than four secure interview rooms located within the same fire area where not more than six occupants under restraint are located in the same fire area. A Condition 8 building shall be is permitted to be classified as a Group B occupancy, provided the requirements in Section 408.1.2.7 are met.

    308.4.9 Condition 9. This occupancy condition shall include buildings where the use of the building is for correctional medical care or correctional mental health care.

    308.5 Institutional Group I-4, day care facilities. Institutional Group I-4 occupancy shall include buildings and structures occupied by more than six clients of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians; relatives by blood, marriage or adoption; and in a place other than the home of the clients cared for. This group shall include, but not be limited to, the following:

    Adult day care

    Child day care (not classified as Group E)

  • CHBC § 8-102.1.1 Medium relevance — show source text
    1. 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 § 7.2 Medium relevance — show source text

    7.2|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—|—|—|—|—|—| |1103.7.3|—|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—|—|—|—|—| |1103.7.4|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—|—|—|—| |1103.7.5|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—| |1103.7.6|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—| |1103.8|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—|R|R|R|R|—| |1103.9|R|—|—|—|—|—|—|—|—|—|—|—|—|R|R|—|R|—|R|R|R|R|—| |1103.10|—|—|—|—|—|—|—|—|—|—|—|—|—|R|R|—|—|—|—|—|—|—|—| |1104|R|R|R|—|R|R|R|R|R|R|R|R|R|R|R|R|R|R|R|R|R|R|R| |1105|—|—|—|—|—|—|—|—|—|—|—|—|—|—|R|—|—|—|—|—|—|—|—| |1106|—|—|—|R|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—|—| |R = The building is required to comply.
    a.
    Existing buildings shall comply with the sections identified as “Required” (R) based on occupancy classification or use, or both, whichever is applicable.
    b.
    Only applies to Group I-2, Condition 2 occupancies as established by the adopting ordinance or legislation of the jurisdiction.
    c.
    Only applies to Group A-2 occupancies where alcoholic beverages are consumed.|R = The building is required to comply.
    a.
    Existing buildings shall comply with the sections identified as “Required” (R) based on occupancy classification or use, or both, whichever is applicable.
    b.
    Only applies to Group I-2, Condition 2 occupancies as established by the adopting ordinance or legislation of the jurisdiction.
    c.
    Only applies to Group A-2 occupancies where alcoholic beverages are consumed.|R = The building is required to comply.
    a.
    Existing buildings shall comply with the sections identified as “Required” (R) based on occupancy classification or use, or both, whichever is applicable.
    b.
    Only applies to Group I-2,

  • CHBC § 506.1 Medium relevance — show source text

    SECTION 506—CHANGE OF OCCUPANCY

    506.1 Compliance. A change of occupancy shall not be made in any building unless that building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes of occupancy in a building or portion thereof shall be such that the existing building is not less complying with the provisions of this code than the existing building or structure was prior to the change. Subject to the approval of the code official, changes of occupancy shall be permitted without complying with all of the requirements of this code for the new occupancy, provided that the new occupancy is less hazardous, based on life and fire risk, than the existing occupancy.

    Exception: The building need not be made to comply with Chapter 16 of the California Building Code unless required by Section 506.5.

    506.1.1 Change in the character of use. A change of occupancy with no change of occupancy classification shall not be made to any structure that will subject the structure to any special provisions of the applicable California Codes, without approval of the code official. Compliance shall be only as necessary to meet the specific provisions and is not intended to require the entire building be brought into compliance.

    506.1.2 Change in function. [OSHPD 1R, 2, 4 and 5] A change in function shall require compliance with all the functional require- ments for new construction in the California Building Code, including requirements in Sections 1224, 1225, 1226, 1227 and 1228.

    Exception [OSHPD 1R] : Hospital buildings removed from acute care service adapted for re-use as skilled nursing facilities, acute psychiatric hospitals or out-patient services of a hospital may be permitted to meet the minimum room clearances, areas and dimensions of the 2001 California Building Code for existing rooms re-used for a similar purpose, subject to the approval of OSHPD.

    506.2 Certificate of occupancy. A certificate of occupancy shall be issued where it has been determined that the requirements for the new occupancy classification have been met.

    506.3 Stairways. An existing stairway shall not be required to comply with the requirements of Section 1011 of the California Build- ing Code where the existing space and construction does not allow a reduction in pitch or slope.

    506.4 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031.1 of the California Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:

    1. An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m [2] ) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm).
    2. A replacement window where such window complies with both of the following: 2.1. The replacement window meets the size requirements in Item 1. 2.2. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.

    [BS] 506.5 Structural. Any building undergoing a change of occupancy shall satisfy the requirements of this section.

  • CHBC § 301.1 Medium relevance — show source text

    ICC code development note: Code change proposals to sections preceded by the designation [F] will be considered by the IFC code development committee meeting during the 2024 (Group A) Code Development Cycle. All other code change proposals will be considered by a code development committee meeting during the 2025 (Group B) Code Development Cycle.

    SECTION 301—SCOPE

    301.1 General. The provisions of this chapter shall control the classification of all buildings and structures as to occupancy and use. Different classifications of occupancy and use represent varying levels of hazard and risk to building occupants and adjacent properties.

    SECTION 302—OCCUPANCY CLASSIFICATION AND USE DESIGNATION

    302.1 Occupancy classification. Occupancy classification is the formal designation of the primary purpose of the building, structure or portion thereof. Structures shall be classified into one or more of the occupancy groups specified in this section based on the nature of the hazards and risks to building occupants generally associated with the intended purpose of the building or structure. An area, room or space that is intended to be occupied at different times for different purposes shall comply with all applicable requirements associated with such potential multipurpose. Structures containing multiple occupancy groups shall comply with Section 508. Where a structure is proposed for a purpose that is not specified in this section, such structure shall be classified in the occupancy it most nearly resembles based on the fire safety and relative hazard. Occupiable roofs shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard, and shall comply with Section 503.1.4.

    1. Assembly (see Section 303): Groups A-1, A-2, A-3, A-4 and A-5.
    2. Business (see Section 304): Group B. 3. [SFM] Organized Camps (see Section 450): Group C. 4. Educational (see Section 305): Group E. 5. Factory and Industrial (see Section 306): Groups F-1 and F-2. 6. High Hazard (see Section 307): Groups H-1, H-2, H-3, H-4 and H-5. 7. Institutional (see Section 308): Groups I-2, I-3 and I-4. 8. [SFM] Laboratory (see Section 202): Group B, unless classified as Group L (see Section 453) or Group H (see Section 307). 9. [SFM] Laboratory Suites (see Section 453): Group L. 10. Mercantile (see Section 309): Group M. 11 . Residential (see Section 310): Groups R-1, R-2, R-2.1, R-3, R-3.1 and R-4. 12 . Storage (see Section 311): Groups S-1 and S-2. 13 . Utility and Miscellaneous (see Section 312): Group U. 14. [SFM] Existing buildings housing existing protective social care homes or facilities established prior to 1972 (see California Fire Code Chapter 11 and California Existing Building Code).

    302.1.1 Reserved

    302.1.2 Reserved

    302.1.3 Pharmacies; veterinary facilities; barbering, cosmetology or electrolysis establishments; and acupuncture offices. See Chapter 12.

  • CHBC § 1001.2.1 Medium relevance — show source text

    1001.2.1 Change of use. Any work undertaken in connection with a change in use shall conform to the applicable requirements for the work as classified in Chapter 6 and to the requirements of Sections 1002 through 1010.

    1001.2.2 Change of occupancy classification. Where a building undergoes a change of occupancy classification, the provisions of Sections 1002 through 1011 shall apply.

    1001.2.2.1 Partial change of occupancy. Where a portion of an existing building undergoes a change of occupancy classification, Section 1011 shall apply.

    1001.3 Certificate of occupancy required. A certificate of occupancy shall be issued where a change of occupancy occurs that results in a different occupancy classification as determined by the California Building Code .

    SECTION 1002—SPECIAL USE AND OCCUPANCY

    1002.1 Compliance with the building code. Where an existing building or part of an existing building undergoes a change of occupancy to one of the special use or occupancy categories as described in Chapter 4 in the California Building Code, the building shall comply with all of the requirements of Chapter 4 of the California Building Code applicable to the special use or occupancy.

    1002.2 Incidental uses. Where a portion of a building undergoes a change of occupancy to one of the incidental uses listed in Table 509.1 of the California Building Code, the incidental use shall comply with Section 509 of the California Building Code applicable to the incidental use.

    SECTION 1003—BUILDING ELEMENTS AND MATERIALS

    1003.1 General. Building elements and materials in portions of buildings undergoing a change of occupancy classification shall comply with Section 1011.

    SECTION 1004—FIRE PROTECTION

    1004.1 General. Fire protection requirements in Section 1011 shall apply where either of the following occur:

    1. A building or portion thereof undergoes a change of occupancy.
    2. A building or portion thereof undergoes a change of occupancy and there is a different fire protection system threshold requirement in Chapter 9 of the current California Building Code than exists in the current building or portion thereof.

    SECTION 1005—MEANS OF EGRESS

    1005.1 General. Means of egress in portions of buildings undergoing a change of occupancy classification shall comply with Section 1011.

    SECTION 1006—STRUCTURAL

    [BS] 1006.1 Live loads. Structural elements carrying tributary live loads from an area with a change of occupancy shall satisfy the requirements of Section 1607 of the California Building Code . Design live loads for areas of new occupancy shall be based on Section 1607 of the California Building Code . Design live loads for other areas shall be permitted to use previously approved design live loads.

    Exception: Structural elements whose demand-capacity ratio considering the change of occupancy is not more than 5 percent greater than the demand-capacity ratio based on previously approved live loads.

    2025 CALIFORNIA EXISTING BUILDING CODE 10-3

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

    CHANGE OF OCCUPANCY

    [BS] 1006.2 Snow and wind loads. Where a change of occupancy results in a structure being assigned to a higher risk category, the structure shall satisfy the requirements of Sections 1608 and 1609 of the California Building Code for the new risk category.

  • CHBC § 1001.1 Medium relevance — show source text

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

    10 CHANGE OF OCCUPANCY

    User notes:

    About this chapter : The purpose of this chapter is to provide regulations for the circumstances where an existing building is subject to a change of occupancy or a change of occupancy classification. A change of occupancy is not to be confused with a change of occupancy classification. The California Building Code defines different occupancy classifications in Chapter 3 and special occupancy requirements in Chapter 4. Within specific occupancy classifications there can be many different types of actual activities that can take place. For instance, a Group A-3 occupancy classification deals with a wide variation of different types of activities, including bowling alleys and courtrooms, indoor tennis courts and dance halls. When a facility changes use from, for example, a bowling alley to a dance hall, the occupancy classification remains A-3, but the different uses could lead to drastically different code requirements. Therefore, this chapter deals with the special circumstances that are associated with a change in the use of a building within the same occupancy classification as well as a change of occupancy classification.

    SECTION 1001—GENERAL

    1001.1 Scope. The provisions of this chapter shalle a change of occupancy occurs, as defined in Section 202.

    1001.2 Certificate of occupancy. A change of occupancy or a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of th apply where current California Building Code than exists in the current building or space shall not be made to any structure without the approval of the code official. A certificate of occupancy shall be issued where it has been determined that the requirements for the change of occupancy have been met.

    1001.2.1 Change of use. Any work undertaken in connection with a change in use shall conform to the applicable requirements for the work as classified in Chapter 6 and to the requirements of Sections 1002 through 1010.

    1001.2.2 Change of occupancy classification. Where a building undergoes a change of occupancy classification, the provisions of Sections 1002 through 1011 shall apply.

    1001.2.2.1 Partial change of occupancy. Where a portion of an existing building undergoes a change of occupancy classification, Section 1011 shall apply.

    1001.3 Certificate of occupancy required. A certificate of occupancy shall be issued where a change of occupancy occurs that results in a different occupancy classification as determined by the California Building Code .

    SECTION 1002—SPECIAL USE AND OCCUPANCY

    1002.1 Compliance with the building code. Where an existing building or part of an existing building undergoes a change of occupancy to one of the special use or occupancy categories as described in Chapter 4 in the California Building Code, the building shall comply with all of the requirements of Chapter 4 of the California Building Code applicable to the special use or occupancy.

    1002.2 Incidental uses. Where a portion of a building undergoes a change of occupancy to one of the incidental uses listed in Table 509.1 of the California Building Code, the incidental use shall comply with Section 509 of the California Building Code applicable to the incidental use.

    SECTION 1003—BUILDING ELEMENTS AND MATERIALS

    1003.1 General. Building elements and materials in portions of buildings undergoing a change of occupancy classification shall comply with Section 1011.

    SECTION 1004—FIRE PROTECTION

Frequently asked questions

Can a qualified historical building keep its original use even if it has been vacant for a long time?

Yes. The CHBC allows the existing use or character of occupancy to continue regardless of a prior period of vacancy, provided the building conforms to applicable CHBC requirements (see § 8-302.1) .

If I change a historic building’s use, must I meet all new-construction code requirements?

Not necessarily. A change in use is permitted when the building conforms to the CHBC requirements for the new use; such a change does not automatically mandate full conformance with new‑construction provisions of the regular code (see § 8-302.2 and § 8-102.1.3) .

Can fire sprinklers or other systems be used to address nonconforming features for historic buildings?

Yes. The CHBC accepts automatic sprinkler systems, life-safety systems, or other approved technologies to address distinct fire hazards and to achieve compliance where full regular-code construction is not feasible (see § 8-410.1–§ 8-410.2) .

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