CHBC · California Historical Building Code

How is occupancy for a qualified historical building determined?

Under the CHBC, a qualified historical building must be classified (using regular code categories with CHBC adaptations) before any permit is issued, and its historical use may continue or be returned to even after long vacancy, provided the building otherwise conforms to applicable CHBC requirements (see **§ 8-301.1**, **§ 8-301.2**, **§ 8-302.1**) .

Ask a question free See coverage

Last reviewed: July 6, 2026

What the code requires

The CHBC requires every qualified historical building or property to be classified according to its use or character of occupancy before any permit is issued — using the regular code classification as modified by the CHBC (§ 8-301.2) . The CHBC’s purpose specifically includes providing the rules for how occupancy classifications and conditions of use are determined for these buildings (§ 8-301.1) . Existing historical uses are allowed to continue — even after long periods of vacancy — provided the building otherwise conforms to applicable CHBC requirements (§ 8-302.1) .

A qualified historical building must be classified before permit issuance; if it was historically used a certain way, that use may be continued (even if the building was vacant) so long as it conforms to the CHBC. See § 8-301.2 and § 8-302.1.

Requirements in detail

1) Purpose and scope — what the CHBC governs

  • The CHBC exists to set the rules for how occupancy classifications and conditions of use are determined for qualified historical buildings (§ 8-301.1) .
  • It is applied together with the regular code; the CHBC provides alternative/regulatory solutions specifically for qualified historical properties (§ 8-301.1) .

2) Classification timing — classify before you build

  • Every qualified historical building for which a permit or approval is requested must be classified prior to permit issuance according to its use or the character of its occupancy in accordance with the regular code and applicable CHBC provisions (§ 8-301.2) .
  • Practical effect: permit reviewers and owners must identify the occupancy group (A, B, R, etc.) and any applicable CHBC alternatives before work is approved.

3) Continuation of existing (historical) use

  • The existing use or character of occupancy of a qualified historical building (or any portion) may continue despite any period of vacancy or interim use, provided the building otherwise conforms to applicable CHBC requirements (§ 8-302.1) .
  • This is not an unconditional amnesty: continuation is allowed only if the building “otherwise conforms” to the CHBC (life‑safety or distinct hazard issues still apply).

Decision-relevant dimensions — quick reference table

Decision question Decision-relevant dimension / value What matters for the reviewer/owner Code Reference
When must occupancy be set? Prior to permit issuance Do not issue a permit without occupancy classification under regular code + CHBC § 8-301.2
What does CHBC control? Determination of occupancy classifications and conditions of use Use CHBC where property is a qualified historical building; apply regular code classification with CHBC alternatives § 8-301.1
Can a historically used occupancy resume after vacancy? Length of vacancy is irrelevant if otherwise compliant Historical use may continue or be returned to, so long as CHBC requirements are met § 8-302.1

Exceptions & special cases

  • The CHBC itself permits continued use regardless of how long a building has been unoccupied, but continuation is conditioned on conformity with the CHBC (§ 8-302.1) .
  • The CHBC does not automatically remove enforcement authority: if a building presents a distinct hazard or fails CHBC requirements, continuation may be limited by the enforcing agency (see CHBC definitions and enforcement chapters for remediation processes) — the allowance in § 8-302.1 applies only when the building “otherwise conforms.” .
  • The CHBC requires classification to be done in accordance with the regular code (so special occupancy rules in the regular code still guide classification) while allowing CHBC alternatives in how those classifications are treated for historic preservation purposes (§ 8-301.2 and § 8-301.1) .

Common mistakes

  • Assuming a historic building can operate without any occupancy classification: the CHBC requires classification prior to permit issuance (§ 8-301.2) .
  • Thinking that a long vacancy automatically prevents re‑use: vacancy alone does not bar continuation of historical occupancy if the building conforms to CHBC (§ 8-302.1) .
  • Confusing “allowed to continue use” with “exempt from safety review”: continued use is permitted only if the building conforms to CHBC requirements and does not present distinct hazards (§ 8-302.1) .
  • Treating CHBC as entirely separate from the regular code: the CHBC requires occupancy classification according to the regular code, with CHBC provisions applied as appropriate (§ 8-301.2) .

Worked example — concrete scenario

Scenario: A downtown 1908 theater (a qualified historical building) has been vacant for 12 years. The owner applies for permits to reopen it as a live performance venue.

Step 1 — Classification before permits: Under § 8-301.2, the enforcing agency classifies the building’s occupancy using the regular code’s occupancy groups (likely Group A for assembly) and records that classification prior to issuing any permit. The CHBC’s alternatives may be applied in subsequent requirements (§ 8-301.2) .

Step 2 — Continue / return to historical use: Because the building was historically a theater and the owner intends to return it to that use, § 8-302.1 allows the occupancy to continue/return despite the 12-year vacancy — provided the building “otherwise conforms” to applicable CHBC requirements (e.g., egress, fire protection as allowed or modified by CHBC) (§ 8-302.1) .

Step 3 — Enforcing agency review: The agency applies the CHBC and the designated occupancy classification to determine what specific upgrades or equivalencies are required before the certificate of occupancy is issued (the CHBC guides what must conform and where alternatives are accepted) (§ 8-301.1, § 8-301.2) .

Net: The owner can reclaim the historical assembly use, but cannot bypass the classification process and must meet the CHBC’s applicable requirements before permits/CO are finalized.

Related provisions

  • § 8-301.1 — Purpose: CHBC purpose to provide regulations for determination of occupancy classifications and conditions of use.
  • § 8-301.2 — Scope: Every qualified historical building must be classified prior to permit issuance (use/character per regular code + CHBC).
  • § 8-302.1 — Existing use: Use/character of occupancy may continue despite vacancy if the building conforms to the CHBC.
  • (See also) § 8-302.2 — Change in occupancy (rules for returning to or changing from historical use).
  • (See also) CHBC definitions and administration (Chapter 8-2 and 8-1) for terms like qualified historical building or property, distinct hazard, and enforcement process.

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

    TREATMENT. An act of work to carry out preservation, restoration, stabilization, rehabilitation or reconstruction.

    4 2025 CALIFORNIA HISTORICAL BUILDING CODE

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

    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 § 8-3 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.

    4 2025 CALIFORNIA HISTORICAL BUILDING CODE

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

    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 § 8-302.3 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.

    2025 CALIFORNIA HISTORICAL BUILDING CODE 5

  • 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.

    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 § 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 § 8-104.3 Medium relevance — show source text

    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.

    IMMINENT THREAT. Any condition within or affecting a qualified historical building or property which, in the opinion of the authority having jurisdiction, would qualify a building or property as dangerous to the extent that the life, health, property or safety of the public, its occupants or those performing necessary repair, stabilization or shoring work are in immediate peril due to conditions affecting the building or property. Potential hazards to persons using, or improvements within, the right-of-way may not be construed to be “imminent threats” solely for that reason if the hazard can be mitigated by shoring, stabilization, barricades or temporary fences.

    INTEGRITY. Authenticity of a building or property’s historical identity, evidenced by the survival of physical characteristics that existed during the property’s historical or prehistorical period of significance.

    LIFE SAFETY EVALUATION. An evaluation of the life safety hazards of a qualified historical building or property based on procedures similar to those contained in NFPA 909, Standard for the Protection of Cultural Resources, Appendix B, Fire Risk Assessment in Heritage Premises.

    LIFE SAFETY HAZARD. See Distinct Hazard.

    PERIOD OF SIGNIFICANCE. The period of time when a qualified historical building or property was associated with important events, activities or persons, or attained the characteristics for its listing or registration.

    PRESERVATION. The act or process of applying measures necessary to sustain the existing form, integrity and materials of a qualified historical building or property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical,

    2025 CALIFORNIA HISTORICAL BUILDING CODE 3

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

    DEFINITIONS

    electrical and plumbing systems and other code-related work to make properties functional is appropriate within a preservation project.

  • CBC § 18955 Medium relevance — show source text

    INTEGRITY. Authenticity of a building or property’s historical identity, evidenced by the survival of physical characteristics that existed during the property’s historical or prehistorical period of significance.

    LIFE SAFETY EVALUATION. An evaluation of the life safety hazards of a qualified historical building or property based on procedures similar to those contained in NFPA 909, Standard for the Protection of Cultural Resources, Appendix B, Fire Risk Assessment in Heritage Premises.

    LIFE SAFETY HAZARD. See Distinct Hazard.

    PERIOD OF SIGNIFICANCE. The period of time when a qualified historical building or property was associated with important events, activities or persons, or attained the characteristics for its listing or registration.

    PRESERVATION. The act or process of applying measures necessary to sustain the existing form, integrity and materials of a qualified historical building or property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical,

    2025 CALIFORNIA HISTORICAL BUILDING CODE 3

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

    DEFINITIONS

    electrical and plumbing systems and other code-related work to make properties functional is appropriate within a preservation project.

    QUALIFIED HISTORICAL BUILDING OR PROPERTY. As defined in Health and Safety Code Section 18955 as “Qualified Historical Building or Property.” Any building, site, object, place, location, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. 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.

  • CHBC § 8-410.3 Medium relevance — show source text

    1. Buildings with floors above 75 feet, NFPA 13.

    2. When the building is free standing or with property line separation, two floors and 1500 square feet per floor or less, NFPA 13D.

    3. For exterior wall and opening protection. As required by this chapter.

    Exception: When the automatic sprinkler systems are used to reach compliance using this code, in three or more occasions, NFPA 13D standard shall be increased to NFPA 13R standard, or NFPA 13R standard shall be increased to a NFPA 13 standard.

    8-410.3 Automatic sprinkler systems shall not be used to substitute for or act as an alternate to the required number of exits from any facility. (See Chapter 8-5 for exiting requirements.)

    8-410.4 An automatic sprinkler system shall be provided in all detention facilities.

    SECTION 8-411 — OTHER TECHNOLOGIES

    Fire alarm systems, smoke and heat detection systems, occupant notification and annunciation systems, smoke control systems and fire modeling, timed egress analysis and modeling, as well as other engineering methods and technologies may be accepted by the enforcing agency to address areas of nonconformance.

    SECTION 8-412 — HIGH-RISE BUILDINGS

    Qualified historical buildings having floors for human occupancy located more than 75 feet above the lowest floor level having building access shall conform to the provisions of the regular code for existing high-rise buildings as amended by the CHBC.

    8 2025 CALIFORNIA HISTORICAL BUILDING CODE

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

    8-5 MEANS OF EGRESS

    SECTION 8-501 — PURPOSE, INTENT AND SCOPE

    8-501.1 Purpose. The purpose of this chapter is to establish minimum means of egress regulations for qualified historical buildings or properties. The CHBC requires enforcing agencies to accept reasonably equivalent alternatives to the means of egress requirements in the regular code.

    8-501.2 Intent. The intent of these regulations is to provide an adequate means of egress.

    8-501.3 Scope. Every qualified historical building or portion thereof shall be provided with exits as required by the CHBC when required by the provisions of Section 8-102.

    SECTION 8-502 — GENERAL

    8-502.1 General. The enforcing agency shall grant reasonable exceptions to the specific provisions of applicable egress regulations where such exceptions will not adversely affect life safety.

    8-502.2. Existing door openings and corridor widths of less than dimensions required by regular code shall be permitted where there is sufficient width and height for the occupants to pass through the opening or traverse the exit.

    8-502.3 Stairs. Existing stairs having risers and treads or width at variance with the regular code are allowed if determined by the enforcing agency to not constitute a distinct hazard. Handrails with nonconforming grip size or extensions are allowed if determined by the enforcing agency to not constitute a distinct hazard.

    8-502.4 Main entry doors. The front or main entry doors need not be rehung to swing in the direction of exit travel, provided other means or conditions of exiting, as necessary to serve the total occupant load, are provided.

  • CHBC § 1.10.1 Medium relevance — show source text

    Chapter 5A Prescriptive Compliance Method.

    Chapter 5A provides details for the prescriptive compliance method for alteration, addition and change of occupancy of existing build- ings and structures regulated by the Department of Health Care Access and Information/Office of Statewide Hospital Planning and Development, which include hospitals and correctional treatment centers (applications listed in Sections 1.10.1 (OSHPD 1).

    Chapter 6 Classification of Work.

    Chapter 6 provides an overview of the Work Area Method and defines the different classifications of work including alterations, change of occupancy, additions and historic buildings. Detailed requirements for all of these are given in subsequent Chapters 7 through 11.

    Chapter 7 Alterations—Level 1.

    Chapter 7 provides the technical requirements for those existing buildings that undergo Level 1 alterations as described in Section 602, which includes replacement or covering of existing materials, elements, equipment or fixtures using new materials for the same purpose. This chapter is distinguished from Chapters 8 and 9 by only involving replacement of building components with new components with no reconfiguration of space.

    Chapter 8 Alterations—Level 2.

    A Level 2 alteration is an alteration involving space reconfiguration that could be up to and including 50 percent of the area of the building or addition of a new building system. Level 2 alterations also include the extension or addition of any system or equipment. The purpose of Chapter 8 is to provide detailed requirements and provisions to identify the required improvements in the existing building elements, means of egress, fire protection, structural systems, energy efficiency, and other building systems include electrical, mechanical and plumbing when a building is being altered.

    Chapter 9 Alterations—Level 3.

    Chapter 9 provides the technical requirements for those existing buildings that undergo Level 3 alterations. Level 3 alterations are those involving alterations that cover 50 percent of the aggregate area of the building. Under certain situations, this chapter also intends to improve the safety of certain building features beyond the work area and in other parts of the building where no alteration work might be taking place.

    Chapter 10 Change of Occupancy.

    The purpose of Chapter 10 is to address existing buildings that are subject to a change of occupancy. This chapter is an assembly of requirements to upgrade safety without having to comply fully as a new building. A change of occupancy classification is considered a change of occupancy, however, it will involve a higher level of regulation since the use of the building has made a more significant change.

    2025 CALIFORNIA EXISTING BUILDING CODE xiii

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

    Chapter 11 Additions.

    Chapter 11 provides the requirements for additions, which are considered new construction. The requirements focus on safely integrating the addition with the existing building. This includes issues such as limiting the overall height and area of the building where the addition is not separated by a fire wall.

    Chapter 12 Historic Buildings —Reserved

    Chapter 12 is not adopted by the State of California. Historic buildings and structures shall comply with Part 8, Title 24, California Code of Regulations.

    Chapter 13 Performance Compliance Methods.

    Chapter 13 allows for existing buildings to be evaluated to show that alterations or a change of occupancy, while not meeting new construction requirements, will provide a level of safety to demonstrate compliance. Provisions are based on a numerical scoring system involving 21 safety parameters where, when evaluated, such buildings must meet a minimum overall safety score.

  • 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.

    2025 CALIFORNIA HISTORICAL BUILDING CODE 1

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

    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 § 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

  • 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

Frequently asked questions

Who decides the occupancy classification for a qualified historical building?

The enforcing agency (authority having jurisdiction) classifies the building prior to permit issuance under the regular code framework, applying CHBC provisions as appropriate (§ 8-301.2) .

If a historic building has been vacant for decades, can I reopen it for its original use?

Yes — the CHBC allows the historical use or character of occupancy to continue or be returned to despite long periods of vacancy, provided the building otherwise conforms to CHBC requirements (§ 8-302.1) .

Does CHBC eliminate the need to follow the regular code for occupancy classification?

No. Occupancy classification is made in accordance with the regular code; the CHBC provides the regulatory framework and alternatives for qualified historical buildings (§ 8-301.2 and § 8-301.1) .

Can a permit be issued before occupancy is determined?

No. The CHBC requires classification prior to permit issuance; determining the occupancy is a prerequisite to issuing permits for work on qualified historical buildings (§ 8-301.2) .

If a building is unsafe under the regular code, does the CHBC still apply?

The CHBC applies to work necessary to correct unsafe conditions, but continuation of use is only allowed when the building conforms to CHBC requirements; distinct hazards still must be addressed (see CHBC enforcement and definitions) (§ 8-302.1) .

More in California Historical Building Code

Ask about the CHBC

Get cited, plain-English answers on the California Historical Building Code for your project — any code section, any scenario.

Start Free Trial

Related in the CHBC

Can I change a historical building’s occupancy and what triggers CHBC requirements?

When may a historical occupancy be continued without full regular-code upgrades?

Occupancy classification & change

California Historical Building Code