State Codes and Statutes

Statutes > California > Hsc > 18935-18944.11

HEALTH AND SAFETY CODE
SECTION 18935-18944.11



18935.  (a) Notice of proposed building standards shall be given and
hearings shall be held by the adopting agencies, as required by the
Administrative Procedure Act, prior to the adoption of the building
standards and submission to the commission for approval. The notice
of proposed building standards and the initial statement of reasons
for the proposed building standards shall comply with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. The adopting agency or state
agency that proposes the building standards shall submit the notice
and initial statement of reasons for proposed building standards to
the California Building Standards Commission, which shall review them
for compliance with Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. If the commission determines that the adopting agency or state
agency that proposes the building standards has complied with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the commission shall
approve the notice and initial statement of reasons for proposed
building standards, and submit them to the Office of Administrative
Law for the sole purpose of inclusion in the California Regulatory
Notice Register. The Office of Administrative Law shall publish only
those notices of proposed building standards which have been approved
by, and submitted to, the office by the California Building
Standards Commission.
   (b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission prior to
public notices of the hearing being given by the adopting agencies.
   (c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a condition
for approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission determines the changes are
nonsubstantial, solely grammatical in nature, or are sufficiently
related to the text submitted to the commission for approval that the
public was adequately placed on notice that the change could result
from the originally proposed building standards.




18936.  The commission shall mail notices of meetings with respect
to its proposed action on any building standards to any design
profession organizations, chambers of commerce, consumer groups,
building and construction industry organizations, governmental
agencies, and other parties and organizations that have submitted a
written request therefor at least 15 days prior to any meeting
thereon, provided that the failure to do so shall not invalidate any
commission action.


18937.  (a) Emergency standards shall be acted on by the commission
within 30 days and only when the adopting agency or state agency that
proposes the building standards has made the finding of emergency
required by Sections 11346.1 and 11346.5 of the Government Code and
the adopting agencies have adopted the emergency standard in
compliance with Section 11346.1 of the Government Code, and the
commission concurs with that finding. Both the concurrence and the
approval of the emergency building standards require an affirmative
vote of two-thirds of the members of the commission attending a
meeting, or not less than six affirmative votes, whichever is
greater.
   (b) Emergency standards approved by the commission pursuant to
subdivision (a) shall be filed by the commission pursuant to Section
11346.1 of the Government Code and shall be subject to that section.



18938.  (a) Building standards shall be filed with the Secretary of
State and codified only after they have been approved by the
commission and shall not be published in any other title of the
California Code of Regulations. Emergency building standards shall be
filed with the Secretary of State and shall take effect only after
they have been approved by the commission as required by Section
18937. The filing of building standards adopted or approved pursuant
to this part, or any certification with respect thereto, with the
Secretary of State, or elsewhere as required by law, shall be done
solely by the commission.
   (b) The building standards contained in the Uniform Fire Code of
the International Conference of Building Officials and the Western
Fire Chiefs Association, Inc., the Uniform Building Code of the
International Conference of Building Officials, Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials, the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the
National Electrical Code of the National Fire Protection Association,
and the Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials, as referenced in the California Building
Standards Code, shall apply to all occupancies throughout the state
and shall become effective 180 days after publication in the
California Building Standards Code by the California Building
Standards Commission or at a later date after publication established
by the commission.
   (c) Except as otherwise provided in this subdivision, an adoption,
amendment, or repeal of a building standard shall become effective
180 days after its publication in the triennial edition of the
California Building Standards Code or one of its supplements, or at
any later date as approved by the California Building Standards
Commission, with the exceptions of standards adopted pursuant to
Section 25402 of the Public Resources Code and those regulations that
implement or enforce building standards. Regulations that implement
or enforce building standards shall become effective 30 days after
filing by the commission with the Secretary of State. This
subdivision shall not apply to emergency building standards. An
amendment or a repeal of a building standard in the California
Building Standards Code that, as determined by the commission, would
result in a less restrictive regulation, shall become effective 30
days after filing of the amendment or repeal by the commission with
the Secretary of State.
   (d) Emergency standards defined in subdivision (a) of Section
18913 shall become effective when approved by the commission, and
filed with the Secretary of State, or upon any later date specified
therein, and remain in effect as provided by Section 11346.1 of the
Government Code and Section 18937 of this code. Emergency standards
shall be distributed as soon as practicable after publication to all
interested and affected parties. Notice of repeal, pursuant to
Section 11346.1 of the Government Code, of emergency standards
defined in subdivision (a) of Section 18913 within the period
specified by that section, shall also be given to the parties by the
affected agencies promptly after the termination of the statutory
period pursuant to Section 11346.1 of the Government Code.
   (e) This section shall not be applicable to the time limits set
forth in Sections 17922 and 17958 for approval of uniform codes and
for changes by local agencies in the California Building Standards
Code.


18938.3.  With respect to the model codes that are designated in
Sections 17922 and 18938 to serve as the basis for the California
Building Standards Code but are no longer published, the building
standards adopted and approved by the commission shall be those
contained in the most recent editions of the model codes adopted or
approved by the commission to serve as the basis for the 2007
triennial edition of the California Building Standards Code. Those
model codes designated in Sections 17922 and 18938 that continue to
be published and updated shall continue to serve as the basis for the
California Building Standards Code. With respect to Section 17922,
other model codes may be considered for use, proposal, approval, or
adoption, or any combination thereof, provided they do not duplicate
building standards, as proposed by the Department of Housing and
Community Development and adopted by the commission, the subject
matter of the model codes which serve as the basis for the 2007
triennial edition of the California Building Standards Code.




18938.5.  (a) Only those building standards approved by the
commission, and that are effective at the local level at the time an
application for a building permit is submitted, shall apply to the
plans and specifications for, and to the construction performed
under, that building permit.
   (b) (1) A local ordinance adding or modifying building standards
for residential occupancies, which are published in the California
Building Standards Code, shall apply only to an application for a
building permit submitted after the effective date of the ordinance
and to the plans and specifications for, and the construction
performed under, that permit.
   (2) Paragraph (1) shall not apply to any of the following:
   (A) A city or county that has been subject to an emergency
proclaimed pursuant to the California Emergency Services Act (Chapter
7 (commencing with Section 8850) of Division 1 of Title 2 of the
Government Code).
   (B) A permit that is subsequently deemed expired because the
building or work authorized by the permit is not commenced within 180
days from the date of the permit, or the permittee has suspended or
abandoned the work authorized by the permit at any time after the
work is commenced.
   (C) A permit that is subsequently deemed suspended or revoked
because the building official has, in writing, suspended or revoked
the permit due to its issuance in error or on the basis of incorrect
information supplied.
   (c) No model code made applicable to any additional occupancy
shall apply to any project that has been submitted for a building
permit prior to the effective date of that model code.



18940.  Codification of building standards approved by the
commission shall be incorporated into the code and shall not be
incorporated into other individual titles of state agencies in the
California Code of Regulations.



18941.  All building standards shall be administered and enforced
and, whenever practicable, written on a performance basis consistent
with state and nationally recognized standards for building
construction in view of the use and occupancy of each structure to
preserve and protect the public health and safety.



18941.5.  (a) (1) Amendments, additions, and deletions to the
California Building Standards Code, including, but not limited to,
green building standards, adopted by a city, county, or city and
county pursuant to Section 18941.5 or pursuant to Section 17958.7,
together with all applicable portions of the California Building
Standards Code, shall become effective 180 days after publication of
the California Building Standards Code by the commission, or at a
later date after publication established by the commission.
   (2) The publication date established by the commission shall be no
earlier than the date the California Building Standards Code is
available for purchase by the public.
   (b) Neither the State Building Standards Law contained in this
part, nor the application of building standards contained in this
section, shall limit the authority of a city, county, or city and
county to establish more restrictive building standards, including,
but not limited to, green building standards, reasonably necessary
because of local climatic, geological, or topographical conditions.
The governing body shall make the finding required by Section 17958.7
and the other requirements imposed by Section 17958.7 shall apply to
that finding. Nothing in this section shall limit the authority of
fire protection districts pursuant to subdivision (a) of Section
13869.7. Further, nothing in this section shall require findings
required by Section 17958.7 beyond those currently required for more
restrictive building standards related to housing.



18941.6.  (a) Notwithstanding any other provision of this part,
ordinances and programs adopted on or before January 1, 1993, that
contain standards to strengthen potentially hazardous buildings
pursuant to subdivision (b) of Section 8875.2 of the Government Code,
shall incorporate the building standards in Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials published in the California Building
Standards Code, except for standards found by local ordinance to be
inapplicable based on local conditions, as defined in subdivision
(b), or based on an approved study pursuant to subdivision (c), or
both. Ordinances and programs shall be updated in a timely manner to
reflect changes in the model code, and more frequently if deemed
necessary by local jurisdictions.
   (b) For the purpose of subdivision (a), and notwithstanding the
meaning of "local conditions" as used elsewhere in this part and Part
2.5 (commencing with Section 18901), the term "local conditions"
shall be limited to those conditions that affect the implementation
of seismic strengthening standards on the following only:
   (1) The preservation of qualified historic structures as governed
by the State Historical Building Code (Part 2.7 (commencing with
Section 18950)).
   (2) Historic preservation programs, including, but not limited to,
the California Mainstreet Program.
   (3) The preservation of affordable housing.
   (c) Any ordinance or program adopted on or before January 1, 1993,
may include exceptions for local conditions not defined in
subdivision (b) if the jurisdiction has approved a study on or before
January 1, 1993, describing the effects of the exceptions. The study
shall include a seismic hazards assessment, seismic retrofit cost
comparisons, and earthquake damage estimates for a major earthquake,
including the differences in costs, deaths, and injuries between full
compliance with Appendix Chapter 1 of the Uniform Code for Building
Conservation and the ordinance or program. No study shall be required
pursuant to this subdivision if the exceptions for local conditions
not defined in subdivision (b) result in standards or requirements
that are more stringent than those in Appendix Chapter 1 of the
Uniform Code for Building Conservation.
   (d) Ordinances and programs adopted pursuant to this section shall
be conclusively presumed to comply with the requirements of Chapter
173 of the Statutes of 1991.



18941.7.  A city, county, or other local agency may adopt, after a
public hearing and enactment of an ordinance or resolution, building
standards that prohibit entirely the use of graywater, or building
standards that are more restrictive than the graywater building
standards adopted by the Department of Housing and Community
Development under Section 17922.12 and published in the California
Building Standards Code.



18941.8.  (a) As used in this section, "graywater" has the same
meaning as defined in Section 17922.12.
   (b) Notwithstanding Chapter 22 (commencing with Section 14875) of
Division 7 of the Water Code, as a part of the next triennial edition
of the California Building Standards Code (Title 24 of the
California Code of Regulations) adopted after January 1, 2011, the
commission shall adopt building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in nonresidential occupancies.
   (c) In adopting building standards under this section, the
commission shall do all of the following:
   (1) Ensure protection of water quality in accordance with
applicable provisions of state and federal water quality law.
   (2) Consider the adopted building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in residential buildings.
   (3) Consider existing research available on the environmental
consequences to soil and groundwater of short-term and long-term
graywater use for irrigation purposes.
   (4) Consider graywater use impacts on human health.
   (5) Consider the circumstances under which the use of graywater
treatment systems in nonresidential occupancies is recommended.
   (6) Consider the use and regulation of graywater in other
jurisdictions.
   (7) Use Chapter 16 of the Uniform Plumbing Code, adopted by the
International Association of Plumbing and Mechanical Officials, as
the starting point for the building standards and amend those
standards as necessary.
   (d) The commission may revise and update the standards adopted
under this section at any time.
   (e) The commission's adoption of building standards for graywater
systems pursuant to this section shall terminate the authority of the
Department of Water Resources to adopt and update standards for the
installation, construction, and alteration of graywater systems in
nonresidential buildings pursuant to Chapter 22 (commencing with
Section 14875) of Division 7 of the Water Code.



18942.  (a) The commission shall publish, or cause to be published,
editions of the code in its entirety once in every three years. In
the intervening period the commission shall publish, or cause to be
published, supplements as necessary. For emergency building standards
defined in subdivision (a) of Section 18913, an emergency building
standards supplement shall be published whenever the commission
determines it is necessary.
   (b) The commission shall publish the text of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division
104, within the requirements for single-family residential
occupancies contained in Part 2 of Title 24 of the California Code of
Regulations, with the following note:
   "NOTE: These regulations are subject to local government
modification. You should verify the applicable local government
requirements at the time of application for a building permit."
   (c) The commission shall publish the text of Section 116064.2
within Part 2 of Title 24 of the California Code of Regulations.
   (d) The commission may publish, stockpile, and sell at a
reasonable price the code and materials incorporated therein by
reference if it deems the latter is insufficiently available to the
public, or unavailable at a reasonable price. Each state department
concerned and each city, county, or city and county shall have an
up-to-date copy of the code available for public inspection.
   (e) (1) Each city, county, and city and county, including charter
cities, shall obtain and maintain with all revisions on a current
basis, at least one copy of the building standards and other state
regulations relating to buildings published in Titles 8, 19, 20, 24,
and 25 of the California Code of Regulations. These codes shall be
maintained in the office of the building official responsible for the
administration and enforcement of this part.
   (2) This subdivision shall not apply to a city or county that
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.



18942.1.  (a) If a regulation or order of repeal is filed with the
Office of Administrative Law, and if it appears to be a building
standard, as defined by Section 18909, which has not been approved by
the commission, the Office of Administrative Law shall consult with
the commission or the commission's staff to determine the character
and status of the filed regulation or order. Any building standard
improperly transmitted to the Office of Administrative Law, as
determined according to this section, shall not be then filed with
the Secretary of State, but, instead, the Office of Administrative
Law shall transmit the building standard to the commission and notify
the adopting agency of this action.
   (b) If an administrative regulation or order of repeal is filed
with the commission and it does not directly apply to the
implementation or enforcement of a building standard, it shall not be
submitted to the commission for action, but, instead, the commission
shall transmit the regulations to the Office of Administrative Law
and notify the submitting agency of this action.



18943.  Building standards in individual titles of the California
Code of Regulations other than the California Building Standards Code
shall have no force or effect after January 1, 1985.



18944.  State agencies shall adopt regulations for publication in
the titles of the California Code of Regulations containing other
regulations of the agency to identify, by reference, the appropriate
sections of the California Building Standards Code containing those
building standards for which that agency has enforcement
responsibility.



18944.5.  The code shall be binding on the state and other public
agencies, including federal agencies to the extent permitted by
federal law, in the same manner as it binds private parties or
entities.


18944.7.  The alternative building regulations and building
standards authorized under the State Historical Building Code (Part
2.7 (commencing with Section 18950) of Division 13) which have been
published in Part 8 of the California Building Standards Code shall
be maintained as a separate and distinct part or portion of the
California Building Standards Code pursuant to that title.



18944.11.  On or before July 1, 2009, any state agency that adopts
or proposes building standards for plumbing systems shall consider
developing building standards that would govern the use of
nonwater-supplied urinals for submission to the California Building
Standards Commission in accordance with Sections 17921.4 and 18930.



State Codes and Statutes

Statutes > California > Hsc > 18935-18944.11

HEALTH AND SAFETY CODE
SECTION 18935-18944.11



18935.  (a) Notice of proposed building standards shall be given and
hearings shall be held by the adopting agencies, as required by the
Administrative Procedure Act, prior to the adoption of the building
standards and submission to the commission for approval. The notice
of proposed building standards and the initial statement of reasons
for the proposed building standards shall comply with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. The adopting agency or state
agency that proposes the building standards shall submit the notice
and initial statement of reasons for proposed building standards to
the California Building Standards Commission, which shall review them
for compliance with Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. If the commission determines that the adopting agency or state
agency that proposes the building standards has complied with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the commission shall
approve the notice and initial statement of reasons for proposed
building standards, and submit them to the Office of Administrative
Law for the sole purpose of inclusion in the California Regulatory
Notice Register. The Office of Administrative Law shall publish only
those notices of proposed building standards which have been approved
by, and submitted to, the office by the California Building
Standards Commission.
   (b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission prior to
public notices of the hearing being given by the adopting agencies.
   (c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a condition
for approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission determines the changes are
nonsubstantial, solely grammatical in nature, or are sufficiently
related to the text submitted to the commission for approval that the
public was adequately placed on notice that the change could result
from the originally proposed building standards.




18936.  The commission shall mail notices of meetings with respect
to its proposed action on any building standards to any design
profession organizations, chambers of commerce, consumer groups,
building and construction industry organizations, governmental
agencies, and other parties and organizations that have submitted a
written request therefor at least 15 days prior to any meeting
thereon, provided that the failure to do so shall not invalidate any
commission action.


18937.  (a) Emergency standards shall be acted on by the commission
within 30 days and only when the adopting agency or state agency that
proposes the building standards has made the finding of emergency
required by Sections 11346.1 and 11346.5 of the Government Code and
the adopting agencies have adopted the emergency standard in
compliance with Section 11346.1 of the Government Code, and the
commission concurs with that finding. Both the concurrence and the
approval of the emergency building standards require an affirmative
vote of two-thirds of the members of the commission attending a
meeting, or not less than six affirmative votes, whichever is
greater.
   (b) Emergency standards approved by the commission pursuant to
subdivision (a) shall be filed by the commission pursuant to Section
11346.1 of the Government Code and shall be subject to that section.



18938.  (a) Building standards shall be filed with the Secretary of
State and codified only after they have been approved by the
commission and shall not be published in any other title of the
California Code of Regulations. Emergency building standards shall be
filed with the Secretary of State and shall take effect only after
they have been approved by the commission as required by Section
18937. The filing of building standards adopted or approved pursuant
to this part, or any certification with respect thereto, with the
Secretary of State, or elsewhere as required by law, shall be done
solely by the commission.
   (b) The building standards contained in the Uniform Fire Code of
the International Conference of Building Officials and the Western
Fire Chiefs Association, Inc., the Uniform Building Code of the
International Conference of Building Officials, Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials, the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the
National Electrical Code of the National Fire Protection Association,
and the Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials, as referenced in the California Building
Standards Code, shall apply to all occupancies throughout the state
and shall become effective 180 days after publication in the
California Building Standards Code by the California Building
Standards Commission or at a later date after publication established
by the commission.
   (c) Except as otherwise provided in this subdivision, an adoption,
amendment, or repeal of a building standard shall become effective
180 days after its publication in the triennial edition of the
California Building Standards Code or one of its supplements, or at
any later date as approved by the California Building Standards
Commission, with the exceptions of standards adopted pursuant to
Section 25402 of the Public Resources Code and those regulations that
implement or enforce building standards. Regulations that implement
or enforce building standards shall become effective 30 days after
filing by the commission with the Secretary of State. This
subdivision shall not apply to emergency building standards. An
amendment or a repeal of a building standard in the California
Building Standards Code that, as determined by the commission, would
result in a less restrictive regulation, shall become effective 30
days after filing of the amendment or repeal by the commission with
the Secretary of State.
   (d) Emergency standards defined in subdivision (a) of Section
18913 shall become effective when approved by the commission, and
filed with the Secretary of State, or upon any later date specified
therein, and remain in effect as provided by Section 11346.1 of the
Government Code and Section 18937 of this code. Emergency standards
shall be distributed as soon as practicable after publication to all
interested and affected parties. Notice of repeal, pursuant to
Section 11346.1 of the Government Code, of emergency standards
defined in subdivision (a) of Section 18913 within the period
specified by that section, shall also be given to the parties by the
affected agencies promptly after the termination of the statutory
period pursuant to Section 11346.1 of the Government Code.
   (e) This section shall not be applicable to the time limits set
forth in Sections 17922 and 17958 for approval of uniform codes and
for changes by local agencies in the California Building Standards
Code.


18938.3.  With respect to the model codes that are designated in
Sections 17922 and 18938 to serve as the basis for the California
Building Standards Code but are no longer published, the building
standards adopted and approved by the commission shall be those
contained in the most recent editions of the model codes adopted or
approved by the commission to serve as the basis for the 2007
triennial edition of the California Building Standards Code. Those
model codes designated in Sections 17922 and 18938 that continue to
be published and updated shall continue to serve as the basis for the
California Building Standards Code. With respect to Section 17922,
other model codes may be considered for use, proposal, approval, or
adoption, or any combination thereof, provided they do not duplicate
building standards, as proposed by the Department of Housing and
Community Development and adopted by the commission, the subject
matter of the model codes which serve as the basis for the 2007
triennial edition of the California Building Standards Code.




18938.5.  (a) Only those building standards approved by the
commission, and that are effective at the local level at the time an
application for a building permit is submitted, shall apply to the
plans and specifications for, and to the construction performed
under, that building permit.
   (b) (1) A local ordinance adding or modifying building standards
for residential occupancies, which are published in the California
Building Standards Code, shall apply only to an application for a
building permit submitted after the effective date of the ordinance
and to the plans and specifications for, and the construction
performed under, that permit.
   (2) Paragraph (1) shall not apply to any of the following:
   (A) A city or county that has been subject to an emergency
proclaimed pursuant to the California Emergency Services Act (Chapter
7 (commencing with Section 8850) of Division 1 of Title 2 of the
Government Code).
   (B) A permit that is subsequently deemed expired because the
building or work authorized by the permit is not commenced within 180
days from the date of the permit, or the permittee has suspended or
abandoned the work authorized by the permit at any time after the
work is commenced.
   (C) A permit that is subsequently deemed suspended or revoked
because the building official has, in writing, suspended or revoked
the permit due to its issuance in error or on the basis of incorrect
information supplied.
   (c) No model code made applicable to any additional occupancy
shall apply to any project that has been submitted for a building
permit prior to the effective date of that model code.



18940.  Codification of building standards approved by the
commission shall be incorporated into the code and shall not be
incorporated into other individual titles of state agencies in the
California Code of Regulations.



18941.  All building standards shall be administered and enforced
and, whenever practicable, written on a performance basis consistent
with state and nationally recognized standards for building
construction in view of the use and occupancy of each structure to
preserve and protect the public health and safety.



18941.5.  (a) (1) Amendments, additions, and deletions to the
California Building Standards Code, including, but not limited to,
green building standards, adopted by a city, county, or city and
county pursuant to Section 18941.5 or pursuant to Section 17958.7,
together with all applicable portions of the California Building
Standards Code, shall become effective 180 days after publication of
the California Building Standards Code by the commission, or at a
later date after publication established by the commission.
   (2) The publication date established by the commission shall be no
earlier than the date the California Building Standards Code is
available for purchase by the public.
   (b) Neither the State Building Standards Law contained in this
part, nor the application of building standards contained in this
section, shall limit the authority of a city, county, or city and
county to establish more restrictive building standards, including,
but not limited to, green building standards, reasonably necessary
because of local climatic, geological, or topographical conditions.
The governing body shall make the finding required by Section 17958.7
and the other requirements imposed by Section 17958.7 shall apply to
that finding. Nothing in this section shall limit the authority of
fire protection districts pursuant to subdivision (a) of Section
13869.7. Further, nothing in this section shall require findings
required by Section 17958.7 beyond those currently required for more
restrictive building standards related to housing.



18941.6.  (a) Notwithstanding any other provision of this part,
ordinances and programs adopted on or before January 1, 1993, that
contain standards to strengthen potentially hazardous buildings
pursuant to subdivision (b) of Section 8875.2 of the Government Code,
shall incorporate the building standards in Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials published in the California Building
Standards Code, except for standards found by local ordinance to be
inapplicable based on local conditions, as defined in subdivision
(b), or based on an approved study pursuant to subdivision (c), or
both. Ordinances and programs shall be updated in a timely manner to
reflect changes in the model code, and more frequently if deemed
necessary by local jurisdictions.
   (b) For the purpose of subdivision (a), and notwithstanding the
meaning of "local conditions" as used elsewhere in this part and Part
2.5 (commencing with Section 18901), the term "local conditions"
shall be limited to those conditions that affect the implementation
of seismic strengthening standards on the following only:
   (1) The preservation of qualified historic structures as governed
by the State Historical Building Code (Part 2.7 (commencing with
Section 18950)).
   (2) Historic preservation programs, including, but not limited to,
the California Mainstreet Program.
   (3) The preservation of affordable housing.
   (c) Any ordinance or program adopted on or before January 1, 1993,
may include exceptions for local conditions not defined in
subdivision (b) if the jurisdiction has approved a study on or before
January 1, 1993, describing the effects of the exceptions. The study
shall include a seismic hazards assessment, seismic retrofit cost
comparisons, and earthquake damage estimates for a major earthquake,
including the differences in costs, deaths, and injuries between full
compliance with Appendix Chapter 1 of the Uniform Code for Building
Conservation and the ordinance or program. No study shall be required
pursuant to this subdivision if the exceptions for local conditions
not defined in subdivision (b) result in standards or requirements
that are more stringent than those in Appendix Chapter 1 of the
Uniform Code for Building Conservation.
   (d) Ordinances and programs adopted pursuant to this section shall
be conclusively presumed to comply with the requirements of Chapter
173 of the Statutes of 1991.



18941.7.  A city, county, or other local agency may adopt, after a
public hearing and enactment of an ordinance or resolution, building
standards that prohibit entirely the use of graywater, or building
standards that are more restrictive than the graywater building
standards adopted by the Department of Housing and Community
Development under Section 17922.12 and published in the California
Building Standards Code.



18941.8.  (a) As used in this section, "graywater" has the same
meaning as defined in Section 17922.12.
   (b) Notwithstanding Chapter 22 (commencing with Section 14875) of
Division 7 of the Water Code, as a part of the next triennial edition
of the California Building Standards Code (Title 24 of the
California Code of Regulations) adopted after January 1, 2011, the
commission shall adopt building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in nonresidential occupancies.
   (c) In adopting building standards under this section, the
commission shall do all of the following:
   (1) Ensure protection of water quality in accordance with
applicable provisions of state and federal water quality law.
   (2) Consider the adopted building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in residential buildings.
   (3) Consider existing research available on the environmental
consequences to soil and groundwater of short-term and long-term
graywater use for irrigation purposes.
   (4) Consider graywater use impacts on human health.
   (5) Consider the circumstances under which the use of graywater
treatment systems in nonresidential occupancies is recommended.
   (6) Consider the use and regulation of graywater in other
jurisdictions.
   (7) Use Chapter 16 of the Uniform Plumbing Code, adopted by the
International Association of Plumbing and Mechanical Officials, as
the starting point for the building standards and amend those
standards as necessary.
   (d) The commission may revise and update the standards adopted
under this section at any time.
   (e) The commission's adoption of building standards for graywater
systems pursuant to this section shall terminate the authority of the
Department of Water Resources to adopt and update standards for the
installation, construction, and alteration of graywater systems in
nonresidential buildings pursuant to Chapter 22 (commencing with
Section 14875) of Division 7 of the Water Code.



18942.  (a) The commission shall publish, or cause to be published,
editions of the code in its entirety once in every three years. In
the intervening period the commission shall publish, or cause to be
published, supplements as necessary. For emergency building standards
defined in subdivision (a) of Section 18913, an emergency building
standards supplement shall be published whenever the commission
determines it is necessary.
   (b) The commission shall publish the text of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division
104, within the requirements for single-family residential
occupancies contained in Part 2 of Title 24 of the California Code of
Regulations, with the following note:
   "NOTE: These regulations are subject to local government
modification. You should verify the applicable local government
requirements at the time of application for a building permit."
   (c) The commission shall publish the text of Section 116064.2
within Part 2 of Title 24 of the California Code of Regulations.
   (d) The commission may publish, stockpile, and sell at a
reasonable price the code and materials incorporated therein by
reference if it deems the latter is insufficiently available to the
public, or unavailable at a reasonable price. Each state department
concerned and each city, county, or city and county shall have an
up-to-date copy of the code available for public inspection.
   (e) (1) Each city, county, and city and county, including charter
cities, shall obtain and maintain with all revisions on a current
basis, at least one copy of the building standards and other state
regulations relating to buildings published in Titles 8, 19, 20, 24,
and 25 of the California Code of Regulations. These codes shall be
maintained in the office of the building official responsible for the
administration and enforcement of this part.
   (2) This subdivision shall not apply to a city or county that
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.



18942.1.  (a) If a regulation or order of repeal is filed with the
Office of Administrative Law, and if it appears to be a building
standard, as defined by Section 18909, which has not been approved by
the commission, the Office of Administrative Law shall consult with
the commission or the commission's staff to determine the character
and status of the filed regulation or order. Any building standard
improperly transmitted to the Office of Administrative Law, as
determined according to this section, shall not be then filed with
the Secretary of State, but, instead, the Office of Administrative
Law shall transmit the building standard to the commission and notify
the adopting agency of this action.
   (b) If an administrative regulation or order of repeal is filed
with the commission and it does not directly apply to the
implementation or enforcement of a building standard, it shall not be
submitted to the commission for action, but, instead, the commission
shall transmit the regulations to the Office of Administrative Law
and notify the submitting agency of this action.



18943.  Building standards in individual titles of the California
Code of Regulations other than the California Building Standards Code
shall have no force or effect after January 1, 1985.



18944.  State agencies shall adopt regulations for publication in
the titles of the California Code of Regulations containing other
regulations of the agency to identify, by reference, the appropriate
sections of the California Building Standards Code containing those
building standards for which that agency has enforcement
responsibility.



18944.5.  The code shall be binding on the state and other public
agencies, including federal agencies to the extent permitted by
federal law, in the same manner as it binds private parties or
entities.


18944.7.  The alternative building regulations and building
standards authorized under the State Historical Building Code (Part
2.7 (commencing with Section 18950) of Division 13) which have been
published in Part 8 of the California Building Standards Code shall
be maintained as a separate and distinct part or portion of the
California Building Standards Code pursuant to that title.



18944.11.  On or before July 1, 2009, any state agency that adopts
or proposes building standards for plumbing systems shall consider
developing building standards that would govern the use of
nonwater-supplied urinals for submission to the California Building
Standards Commission in accordance with Sections 17921.4 and 18930.




State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 18935-18944.11

HEALTH AND SAFETY CODE
SECTION 18935-18944.11



18935.  (a) Notice of proposed building standards shall be given and
hearings shall be held by the adopting agencies, as required by the
Administrative Procedure Act, prior to the adoption of the building
standards and submission to the commission for approval. The notice
of proposed building standards and the initial statement of reasons
for the proposed building standards shall comply with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. The adopting agency or state
agency that proposes the building standards shall submit the notice
and initial statement of reasons for proposed building standards to
the California Building Standards Commission, which shall review them
for compliance with Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. If the commission determines that the adopting agency or state
agency that proposes the building standards has complied with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the commission shall
approve the notice and initial statement of reasons for proposed
building standards, and submit them to the Office of Administrative
Law for the sole purpose of inclusion in the California Regulatory
Notice Register. The Office of Administrative Law shall publish only
those notices of proposed building standards which have been approved
by, and submitted to, the office by the California Building
Standards Commission.
   (b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission prior to
public notices of the hearing being given by the adopting agencies.
   (c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a condition
for approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission determines the changes are
nonsubstantial, solely grammatical in nature, or are sufficiently
related to the text submitted to the commission for approval that the
public was adequately placed on notice that the change could result
from the originally proposed building standards.




18936.  The commission shall mail notices of meetings with respect
to its proposed action on any building standards to any design
profession organizations, chambers of commerce, consumer groups,
building and construction industry organizations, governmental
agencies, and other parties and organizations that have submitted a
written request therefor at least 15 days prior to any meeting
thereon, provided that the failure to do so shall not invalidate any
commission action.


18937.  (a) Emergency standards shall be acted on by the commission
within 30 days and only when the adopting agency or state agency that
proposes the building standards has made the finding of emergency
required by Sections 11346.1 and 11346.5 of the Government Code and
the adopting agencies have adopted the emergency standard in
compliance with Section 11346.1 of the Government Code, and the
commission concurs with that finding. Both the concurrence and the
approval of the emergency building standards require an affirmative
vote of two-thirds of the members of the commission attending a
meeting, or not less than six affirmative votes, whichever is
greater.
   (b) Emergency standards approved by the commission pursuant to
subdivision (a) shall be filed by the commission pursuant to Section
11346.1 of the Government Code and shall be subject to that section.



18938.  (a) Building standards shall be filed with the Secretary of
State and codified only after they have been approved by the
commission and shall not be published in any other title of the
California Code of Regulations. Emergency building standards shall be
filed with the Secretary of State and shall take effect only after
they have been approved by the commission as required by Section
18937. The filing of building standards adopted or approved pursuant
to this part, or any certification with respect thereto, with the
Secretary of State, or elsewhere as required by law, shall be done
solely by the commission.
   (b) The building standards contained in the Uniform Fire Code of
the International Conference of Building Officials and the Western
Fire Chiefs Association, Inc., the Uniform Building Code of the
International Conference of Building Officials, Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials, the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials, the
National Electrical Code of the National Fire Protection Association,
and the Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials, as referenced in the California Building
Standards Code, shall apply to all occupancies throughout the state
and shall become effective 180 days after publication in the
California Building Standards Code by the California Building
Standards Commission or at a later date after publication established
by the commission.
   (c) Except as otherwise provided in this subdivision, an adoption,
amendment, or repeal of a building standard shall become effective
180 days after its publication in the triennial edition of the
California Building Standards Code or one of its supplements, or at
any later date as approved by the California Building Standards
Commission, with the exceptions of standards adopted pursuant to
Section 25402 of the Public Resources Code and those regulations that
implement or enforce building standards. Regulations that implement
or enforce building standards shall become effective 30 days after
filing by the commission with the Secretary of State. This
subdivision shall not apply to emergency building standards. An
amendment or a repeal of a building standard in the California
Building Standards Code that, as determined by the commission, would
result in a less restrictive regulation, shall become effective 30
days after filing of the amendment or repeal by the commission with
the Secretary of State.
   (d) Emergency standards defined in subdivision (a) of Section
18913 shall become effective when approved by the commission, and
filed with the Secretary of State, or upon any later date specified
therein, and remain in effect as provided by Section 11346.1 of the
Government Code and Section 18937 of this code. Emergency standards
shall be distributed as soon as practicable after publication to all
interested and affected parties. Notice of repeal, pursuant to
Section 11346.1 of the Government Code, of emergency standards
defined in subdivision (a) of Section 18913 within the period
specified by that section, shall also be given to the parties by the
affected agencies promptly after the termination of the statutory
period pursuant to Section 11346.1 of the Government Code.
   (e) This section shall not be applicable to the time limits set
forth in Sections 17922 and 17958 for approval of uniform codes and
for changes by local agencies in the California Building Standards
Code.


18938.3.  With respect to the model codes that are designated in
Sections 17922 and 18938 to serve as the basis for the California
Building Standards Code but are no longer published, the building
standards adopted and approved by the commission shall be those
contained in the most recent editions of the model codes adopted or
approved by the commission to serve as the basis for the 2007
triennial edition of the California Building Standards Code. Those
model codes designated in Sections 17922 and 18938 that continue to
be published and updated shall continue to serve as the basis for the
California Building Standards Code. With respect to Section 17922,
other model codes may be considered for use, proposal, approval, or
adoption, or any combination thereof, provided they do not duplicate
building standards, as proposed by the Department of Housing and
Community Development and adopted by the commission, the subject
matter of the model codes which serve as the basis for the 2007
triennial edition of the California Building Standards Code.




18938.5.  (a) Only those building standards approved by the
commission, and that are effective at the local level at the time an
application for a building permit is submitted, shall apply to the
plans and specifications for, and to the construction performed
under, that building permit.
   (b) (1) A local ordinance adding or modifying building standards
for residential occupancies, which are published in the California
Building Standards Code, shall apply only to an application for a
building permit submitted after the effective date of the ordinance
and to the plans and specifications for, and the construction
performed under, that permit.
   (2) Paragraph (1) shall not apply to any of the following:
   (A) A city or county that has been subject to an emergency
proclaimed pursuant to the California Emergency Services Act (Chapter
7 (commencing with Section 8850) of Division 1 of Title 2 of the
Government Code).
   (B) A permit that is subsequently deemed expired because the
building or work authorized by the permit is not commenced within 180
days from the date of the permit, or the permittee has suspended or
abandoned the work authorized by the permit at any time after the
work is commenced.
   (C) A permit that is subsequently deemed suspended or revoked
because the building official has, in writing, suspended or revoked
the permit due to its issuance in error or on the basis of incorrect
information supplied.
   (c) No model code made applicable to any additional occupancy
shall apply to any project that has been submitted for a building
permit prior to the effective date of that model code.



18940.  Codification of building standards approved by the
commission shall be incorporated into the code and shall not be
incorporated into other individual titles of state agencies in the
California Code of Regulations.



18941.  All building standards shall be administered and enforced
and, whenever practicable, written on a performance basis consistent
with state and nationally recognized standards for building
construction in view of the use and occupancy of each structure to
preserve and protect the public health and safety.



18941.5.  (a) (1) Amendments, additions, and deletions to the
California Building Standards Code, including, but not limited to,
green building standards, adopted by a city, county, or city and
county pursuant to Section 18941.5 or pursuant to Section 17958.7,
together with all applicable portions of the California Building
Standards Code, shall become effective 180 days after publication of
the California Building Standards Code by the commission, or at a
later date after publication established by the commission.
   (2) The publication date established by the commission shall be no
earlier than the date the California Building Standards Code is
available for purchase by the public.
   (b) Neither the State Building Standards Law contained in this
part, nor the application of building standards contained in this
section, shall limit the authority of a city, county, or city and
county to establish more restrictive building standards, including,
but not limited to, green building standards, reasonably necessary
because of local climatic, geological, or topographical conditions.
The governing body shall make the finding required by Section 17958.7
and the other requirements imposed by Section 17958.7 shall apply to
that finding. Nothing in this section shall limit the authority of
fire protection districts pursuant to subdivision (a) of Section
13869.7. Further, nothing in this section shall require findings
required by Section 17958.7 beyond those currently required for more
restrictive building standards related to housing.



18941.6.  (a) Notwithstanding any other provision of this part,
ordinances and programs adopted on or before January 1, 1993, that
contain standards to strengthen potentially hazardous buildings
pursuant to subdivision (b) of Section 8875.2 of the Government Code,
shall incorporate the building standards in Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials published in the California Building
Standards Code, except for standards found by local ordinance to be
inapplicable based on local conditions, as defined in subdivision
(b), or based on an approved study pursuant to subdivision (c), or
both. Ordinances and programs shall be updated in a timely manner to
reflect changes in the model code, and more frequently if deemed
necessary by local jurisdictions.
   (b) For the purpose of subdivision (a), and notwithstanding the
meaning of "local conditions" as used elsewhere in this part and Part
2.5 (commencing with Section 18901), the term "local conditions"
shall be limited to those conditions that affect the implementation
of seismic strengthening standards on the following only:
   (1) The preservation of qualified historic structures as governed
by the State Historical Building Code (Part 2.7 (commencing with
Section 18950)).
   (2) Historic preservation programs, including, but not limited to,
the California Mainstreet Program.
   (3) The preservation of affordable housing.
   (c) Any ordinance or program adopted on or before January 1, 1993,
may include exceptions for local conditions not defined in
subdivision (b) if the jurisdiction has approved a study on or before
January 1, 1993, describing the effects of the exceptions. The study
shall include a seismic hazards assessment, seismic retrofit cost
comparisons, and earthquake damage estimates for a major earthquake,
including the differences in costs, deaths, and injuries between full
compliance with Appendix Chapter 1 of the Uniform Code for Building
Conservation and the ordinance or program. No study shall be required
pursuant to this subdivision if the exceptions for local conditions
not defined in subdivision (b) result in standards or requirements
that are more stringent than those in Appendix Chapter 1 of the
Uniform Code for Building Conservation.
   (d) Ordinances and programs adopted pursuant to this section shall
be conclusively presumed to comply with the requirements of Chapter
173 of the Statutes of 1991.



18941.7.  A city, county, or other local agency may adopt, after a
public hearing and enactment of an ordinance or resolution, building
standards that prohibit entirely the use of graywater, or building
standards that are more restrictive than the graywater building
standards adopted by the Department of Housing and Community
Development under Section 17922.12 and published in the California
Building Standards Code.



18941.8.  (a) As used in this section, "graywater" has the same
meaning as defined in Section 17922.12.
   (b) Notwithstanding Chapter 22 (commencing with Section 14875) of
Division 7 of the Water Code, as a part of the next triennial edition
of the California Building Standards Code (Title 24 of the
California Code of Regulations) adopted after January 1, 2011, the
commission shall adopt building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in nonresidential occupancies.
   (c) In adopting building standards under this section, the
commission shall do all of the following:
   (1) Ensure protection of water quality in accordance with
applicable provisions of state and federal water quality law.
   (2) Consider the adopted building standards for the construction,
installation, and alteration of graywater systems for indoor and
outdoor uses in residential buildings.
   (3) Consider existing research available on the environmental
consequences to soil and groundwater of short-term and long-term
graywater use for irrigation purposes.
   (4) Consider graywater use impacts on human health.
   (5) Consider the circumstances under which the use of graywater
treatment systems in nonresidential occupancies is recommended.
   (6) Consider the use and regulation of graywater in other
jurisdictions.
   (7) Use Chapter 16 of the Uniform Plumbing Code, adopted by the
International Association of Plumbing and Mechanical Officials, as
the starting point for the building standards and amend those
standards as necessary.
   (d) The commission may revise and update the standards adopted
under this section at any time.
   (e) The commission's adoption of building standards for graywater
systems pursuant to this section shall terminate the authority of the
Department of Water Resources to adopt and update standards for the
installation, construction, and alteration of graywater systems in
nonresidential buildings pursuant to Chapter 22 (commencing with
Section 14875) of Division 7 of the Water Code.



18942.  (a) The commission shall publish, or cause to be published,
editions of the code in its entirety once in every three years. In
the intervening period the commission shall publish, or cause to be
published, supplements as necessary. For emergency building standards
defined in subdivision (a) of Section 18913, an emergency building
standards supplement shall be published whenever the commission
determines it is necessary.
   (b) The commission shall publish the text of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division
104, within the requirements for single-family residential
occupancies contained in Part 2 of Title 24 of the California Code of
Regulations, with the following note:
   "NOTE: These regulations are subject to local government
modification. You should verify the applicable local government
requirements at the time of application for a building permit."
   (c) The commission shall publish the text of Section 116064.2
within Part 2 of Title 24 of the California Code of Regulations.
   (d) The commission may publish, stockpile, and sell at a
reasonable price the code and materials incorporated therein by
reference if it deems the latter is insufficiently available to the
public, or unavailable at a reasonable price. Each state department
concerned and each city, county, or city and county shall have an
up-to-date copy of the code available for public inspection.
   (e) (1) Each city, county, and city and county, including charter
cities, shall obtain and maintain with all revisions on a current
basis, at least one copy of the building standards and other state
regulations relating to buildings published in Titles 8, 19, 20, 24,
and 25 of the California Code of Regulations. These codes shall be
maintained in the office of the building official responsible for the
administration and enforcement of this part.
   (2) This subdivision shall not apply to a city or county that
contracts for the administration and enforcement of the provisions of
this part with another local government agency that complies with
this section.



18942.1.  (a) If a regulation or order of repeal is filed with the
Office of Administrative Law, and if it appears to be a building
standard, as defined by Section 18909, which has not been approved by
the commission, the Office of Administrative Law shall consult with
the commission or the commission's staff to determine the character
and status of the filed regulation or order. Any building standard
improperly transmitted to the Office of Administrative Law, as
determined according to this section, shall not be then filed with
the Secretary of State, but, instead, the Office of Administrative
Law shall transmit the building standard to the commission and notify
the adopting agency of this action.
   (b) If an administrative regulation or order of repeal is filed
with the commission and it does not directly apply to the
implementation or enforcement of a building standard, it shall not be
submitted to the commission for action, but, instead, the commission
shall transmit the regulations to the Office of Administrative Law
and notify the submitting agency of this action.



18943.  Building standards in individual titles of the California
Code of Regulations other than the California Building Standards Code
shall have no force or effect after January 1, 1985.



18944.  State agencies shall adopt regulations for publication in
the titles of the California Code of Regulations containing other
regulations of the agency to identify, by reference, the appropriate
sections of the California Building Standards Code containing those
building standards for which that agency has enforcement
responsibility.



18944.5.  The code shall be binding on the state and other public
agencies, including federal agencies to the extent permitted by
federal law, in the same manner as it binds private parties or
entities.


18944.7.  The alternative building regulations and building
standards authorized under the State Historical Building Code (Part
2.7 (commencing with Section 18950) of Division 13) which have been
published in Part 8 of the California Building Standards Code shall
be maintained as a separate and distinct part or portion of the
California Building Standards Code pursuant to that title.



18944.11.  On or before July 1, 2009, any state agency that adopts
or proposes building standards for plumbing systems shall consider
developing building standards that would govern the use of
nonwater-supplied urinals for submission to the California Building
Standards Commission in accordance with Sections 17921.4 and 18930.