CALIFORNIA RESIDENTIAL CODE – MATRIX ADOPTION TABLE ...13939johnsonroad.info/codes/Chapter 1 - Scope and Application.pdf · Building Code) Barns Carports Fences more than 6 feet

2013 CALIFORNIA RESIDENTIAL CODE 1

CALIFORNIA RESIDENTIAL CODE – MATRIX ADOPTION TABLECHAPTER 1 – SCOPE AND APPLICATION

(Matrix Adoption Tables are non-regulatory, intended only as an aid to the user. See Chapter 1 for state agency authority and building applications.)

The state agency does not adopt sections identified with the following symbol: †

Adopting agency BSC SFMHCD DSA OSHPD

BSCC DHS AGR DWR CEC CA SL SLC1 2 1/AC AC SS 1 2 3 4

Adopt entire chapter

Adopt entire chapter as amended (amended sections listed below) X

Adopt only those sections that are listed below

X

Chapter / Section

Division I

1.1 though 1.1.12 X X

1.8 though 1.8.10.2 X

1.11 though 1.11.10 X

Division II

R104.2 - R104.4 X

R104.9 - R104.9.1 X

R105.1 X

R105.2Building: Items 1 - 10

X

Electrical: †Gas: †Mechanical: †R105.2.1 - R105.2.2 X

R105.3 - R105.3.1 X

R105.4 X

R105.6 X

R105.7 X

R106.1 X

R106.1.1 X

R106.1.3 X

R106.2 X

R107 - R107.4 X

R109.1 X X

R109.1.1 X

R109.1.1.1 X

R109.1.2 †R109.1.3 X

R109.1.4 X X

R109.1.4.1 X

R109.1.4.2 X

R109.1.5 X X

R109.1.5.1 X X

R109.1.5.2 X

R109.1.6 X X

R109.1.6.1 X

R109.1.6.2 X

R109.2 - R109.4 X

R110.1 - R110.5 X

R111.1 - R111.3 X

R113.1 - R113.2 X

R114.1 - R114.2 X

01_CA_Res_2013.fm Page 1 Friday, June 7, 2013 9:48 AM

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2 2013 CALIFORNIA RESIDENTIAL CODE




Part I—Administrative

CHAPTER 1

SCOPE AND APPLICATION

DIVISION I CALIFORNIA ADMINISTRATION

SECTION 1.1GENERAL

1.1.1 Title. These regulations shall be known as the Califor-nia Residential Code, may be cited as such and will bereferred to herein as “this code.” The California ResidentialCode is Part 2.5 of twelve parts of the official compilationand publication of the adoption, amendment and repeal ofbuilding regulations to the California Code of Regulations,Title 24, also referred to as the California Building StandardsCode. This part incorporates by adoption the 2012 Interna-tional Residential Code of the International Code Councilwith necessary California amendments.

1.1.2 Purpose. The purpose of this code is to establish theminimum requirements to safeguard the public health, safetyand general welfare through structural strength, means ofegress facilities, stability, access to persons with disabilities,sanitation, adequate lighting and ventilation, and energyconservation; safety to life and property from fire and otherhazards attributed to the built environment; and to providesafety to fire fighters and emergency responders duringemergency operations.

1.1.3 Scope. The provisions of this code shall apply to theconstruction, alteration, movement, enlargement, replace-ment, repair, equipment, use and occupancy, location, main-tenance, removal and demolition of every detached one-andtwo-family dwelling, efficiency dwelling unit, and townhousenot more than three stories above grade plane in height witha separate means of egress and structures accessory theretothroughout the State of California.

Exceptions:

1. Live/work units complying with the requirements ofSection 419 of the California Building Code shall bepermitted to be built as one- and two-family dwell-ings or townhouses. Fire suppression required bySection 419.5 of the California Building Code whenconstructed under the California Residential Codefor one- and two-family dwellings shall conform toSection 903.3.1.3 of the California Building Code.

2. Owner-occupied lodging houses with five or fewerguestrooms shall be permitted to be constructed inaccordance with the California Residential Code forOne- and Two-family Dwellings when equipped witha fire sprinkler system in accordance with SectionR313.

1.1.3.1 Classification. Structures or portions of structuresshall be classified with respect to occupancy in one ormore of the groups listed below. A room or space that isintended to be occupied at different times for different pur-poses shall comply with all of the requirements that areapplicable to each of the purposes for which the room orspace will be occupied. Structures with multiple occupan-cies or uses shall comply with Section 508 of the Califor-nia Building Code. Where a structure is proposed for apurpose that is not specifically provided for in this code,such structure shall be classified in the group that theoccupancy most nearly resembles, according to the firesafety and relative hazard involved in accordance withthis code or the California Building Code.

1.1.3.1.1 Residential Group R. Residential Group Rincludes, among others, the use of a building or struc-ture, or a portion thereof, for sleeping purposes whennot classified as an Institutional Group I. Residentialoccupancies shall include the following:

R-3 Residential occupancies where the occupantsare primarily permanent in nature and not classifiedas Group R-1, R-2, R-2.1, R-3.1, R-4 or I, including:

Buildings that do not contain more than twodwelling units.

Townhouses not more than three stories abovegrade in height with a separate means ofegress.

Adult facilities that provide accommodations forsix or fewer persons of any age for less than24-hours. Licensing categories that may usethis classification include, but are not limitedto:

Adult Day Programs.Child care facilities that provide accommoda-

tions for six or fewer persons of any age forless than 24-hours. Licensing categories thatmay use this classification include, but are notlimited to:

Day-care Center for Mildly Ill Children, InfantCare Center and School Age Child Day-careCenter.

Family Day-care Homes that provide accommo-dations for 14 or fewer children, in the provider’sown home for less than 24-hours.





Congregate living facilities or congregate resi-dences with 16 or fewer persons.

R-3.1 This occupancy group may include facilitieslicensed by a governmental agency for a residen-tially based 24-hour care facility providing accom-modations for six or fewer clients of any age. Clientsmay be classified as ambulatory, nonambulatory orbedridden. A Group R-3.1 occupancy shall meet therequirements for construction as defined for GroupR-3, except as otherwise provided for in SectionR325 Special Provisions For Licensed 24-HourCare Facilities in a Group R-3.1 Occupancy. Thisgroup may include:

Adult Residential Facilities Congregate LivingHealth Facilities

Foster Family HomesGroup HomesIntermediate Care Facilities for the develop-

mentally disabled habilitativeIntermediate Care Facilities for the developmen-

tally disabled nursingNurseries for the full-time care of children under

the age of six, but not including “infants” asdefined in Section 202

Residential Care Facilities for the ElderlySmall Family Homes and Residential Care Facil-

ities for the chronically ill

Exception: Foster Family Homes or GroupHomes licensed by the Department of SocialServices which provide nonmedical board,room and care for six or fewer ambulatorychildren or children two years of age oryounger, and which do not have any nonam-bulatory clients shall not be subject to regula-tions found in Section R325.

Pursuant to Health and Safety Code Section13143 with respect to these exempted facilities, nocity, county or public district shall adopt or enforceany requirement for the prevention of fire or for theprotection of life and property against fire and panicunless the requirement would be applicable to astructure regardless of the special occupancy. Noth-ing shall restrict the application of state or localhousing standards to such facilities if the standardsare applicable to residential occupancies and arenot based on the use of the structure as a facility forambulatory children. For the purpose of this excep-tion, ambulatory children does not include relativesof the licensee or the licensee’s spouse.

Large Family Day-Care Homes. See Section R326.

1.1.3.1.2 Utility and Miscellaneous Group U. Build-ings and structures of an accessory character and mis-cellaneous structures not classified in any specificoccupancy shall be constructed, equipped and main-tained to conform to the requirements of this code com-mensurate with the fire and life hazard incidental totheir occupancy. Group U shall include, but not be lim-ited to, the following:

Agricultural buildingsAircraft hangars, accessory to a one- or two-family

residence (see Section 412.5 of the CaliforniaBuilding Code)

BarnsCarportsFences more than 6 feet (1829 mm) highGrain silos, accessory to a residential occupancyGreenhousesLivestock sheltersPrivate garagesRetaining wallsShedsStablesTanksTowers

1.1.3.2 Regulated buildings, structures and applications.The model code, state amendments to the model code, and/or state amendments where there are no relevant modelcode provisions shall apply to detached one- and two-fam-ily dwellings, townhouses and structures accessorythereto. State agencies with regulatory authority as speci-fied in Sections 1.2 through 1.14, except where modifiedby local ordinance pursuant to Section 1.1.8. Whenadopted by a state agency, the provisions of this code shallbe enforced by the appropriate enforcing agency, but onlyto the extent of authority granted to such agency by thestate legislature.

Note: See Preface to distinguish the model code provi-sions from the California provisions.

1. One- and two-family dwellings, townhouses,employee housing, factory-built housing and othertypes of dwellings containing sleeping accommoda-tions with common toilets or cooking facilities. SeeSection 1.8.1.1.1.

2. Permanent buildings and permanent accessorybuildings or structures constructed within mobile-home parks and special occupancy parks regulatedby the Department of Housing and CommunityDevelopment. See Section 1.8.1.1.3.

3. Applications regulated by the Office of the StateFire Marshal include, but are not limited to, the fol-lowing in accordance with Section 1.11:

3.1.Buildings or structures used or intended for useas a/an:

1. Home for the elderly, children’s nursery, chil-dren’s home or institution, school or any simi-lar occupancy of any capacity

2. Small family day-care homes, large familyday-care homes, residential facilities and resi-dential facilities for the elderly, residentialcare facilities

3. State institutions or other state-owned orstate-occupied buildings

4. Residential structures

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5. Tents, awnings or other fabric enclosures usedin connection with any occupancy

6. Fire alarm devices, equipment and systems inconnection with any occupancy

7. Wildland-urban interface fire areas

1.1.4 Appendices. Provisions contained in the appendices ofthis code shall not apply unless specifically adopted by astate agency or adopted by a local enforcing agency in com-pliance with Health and Safety Code Section 18901 et seq. forBuilding Standards Law, Health and Safety Code Section17950 for State Housing Law and Health and Safety CodeSection 13869.7 for Fire Protection Districts. See Section1.1.8 of this code.

1.1.5 Referenced codes. The codes, standards and publica-tions adopted and set forth in this code, including othercodes, standards and publications referred to therein are, bytitle and date of publication, hereby adopted as standard ref-erence documents of this code. When this code does not spe-cifically cover any subject related to building design andconstruction, recognized architectural or engineering prac-tices shall be employed. The National Fire Codes, standardsand the Fire Protection Handbook of the National Fire Pro-tection Association are permitted to be used as authoritativeguides in determining recognized fire prevention engineeringpractices.

1.1.6 Nonbuilding standards, orders and regulations.Requirements contained in the International ResidentialCode, or in any other referenced standard, code or document,which are not building standards as defined in Health andSafety Code Section 18909, shall not be construed as part ofthe provisions of this code. For nonbuilding standards,orders and regulations, see other titles of the California Codeof Regulations.

1.1.7 Order of precedence and use.

1.1.7.1 Differences. In the event of any differencesbetween these building standards and the standard refer-ence documents, the text of these building standards shallgovern.

1.1.7.2 Specific provisions. Where a specific provisionvaries from a general provision, the specific provisionshall apply.

1.1.7.3 Conflicts. When the requirements of this code con-flict with the requirements of any other part of the Califor-nia Building Standards Code, Title 24, the most restrictiverequirements shall prevail.

1.1.7.3.1 Detached one- and two-family dwellings.Detached one-and two-family dwellings and town-houses not more than three stories above grade planewith a separate means of egress and their accessorystructures shall not be required to comply with themore restrictive requirements contained in Title 24,Part 2, the California Building Code, unless the pro-posed structure(s) exceed the design limitations estab-lished in the California Residential Code and the codeuser is specifically directed to use the California Build-ing Code.

1.1.8 City, county, or city and county amendments, addi-tions or deletions. The provisions of this code do not limit theauthority of a city, county, or city and county governments toestablish more restrictive and reasonably necessary differ-ences to the provisions contained in this code pursuant tocomplying with Section 1.1.8.1. The effective date of amend-ments, additions or deletions to this code by a city, county, orcity and county filed pursuant to Section 1.1.8.1 shall be thedate filed. However, in no case shall the amendments, addi-tions or deletions to this code be effective any sooner than theeffective date of this code.

Local modifications shall comply with Health and SafetyCode Section 18941.5 for Building Standards Law, Healthand Safety Code Section 17958 for State Housing Law orHealth and Safety Code Section 13869.7 for Fire ProtectionDistricts.

1.1.8.1 Findings and filings.

1. The city, county, or city and county shall makeexpress findings for each amendment, addition ordeletion based upon climatic, topographical or geo-logical conditions.

Exception: Hazardous building ordinances andprograms mitigating unreinforced masonrybuildings.

2. The city, county, or city and county shall file theamendments, additions or deletions expresslymarked and identified as to the applicable findings.Cities, counties, cities and counties, and fire depart-ments shall file the amendments, additions or dele-tions, and the findings with the California BuildingStandards Commission at 2525 Natomas ParkDrive, Suite 130, Sacramento, CA 95833.

3. Findings prepared by fire protection districts shallbe ratified by the local city, county, or city andcounty and filed with the California Department ofHousing and Community Development, Division ofCodes and Standards, P.O. Box 1407, Sacramento,CA 95812-1407 or 1800 3rd Street, Room 260, Sac-ramento, CA 95811.

1.1.9 Effective date of this code. Only those standardsapproved by the California Building Standards Commissionthat are effective at the time an application for building per-mit is submitted shall apply to the plans and specificationsfor, and to the construction performed under, that permit. Forthe effective dates of the provisions contained in this code,see the History Note page of this code.

1.1.10 Availability of codes. At least one complete copy eachof Titles 8, 19, 20, 24 and 25 with all revisions shall be main-tained in the office of the building official responsible for theadministration and enforcement of this code. Each statedepartment concerned and each city, county, or city andcounty shall have an up-to-date copy of the code available forpublic inspection. See Health and Safety Code Section18942(d) (1) and (2).

1.1.11 Format. This part fundamentally adopts the Interna-tional Residential Code by reference on a chapter-by-chapterbasis. When a specific chapter of the International Residen-

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tial Code is not printed in the code and is marked “Reserved”such chapter of the International Residential Code is notadopted as a portion of this code. When a specific chapter ofthe International Residential Code is marked “Not adoptedby the State of California” but appears in the code, it may beavailable for adoption by local ordinance.

Note: Matrix Adoption Tables at the front of each chaptermay aid the code user in determining which chapter or sec-tions within a chapter are applicable to buildings under theauthority of a specific state agency, but they are not to beconsidered regulatory.

1.1.12 Validity. If any chapter, section, subsection, sentence,clause or phrase of this code is for any reason held to beunconstitutional, contrary to statute, exceeding the authorityof the state as stipulated by statutes or otherwise inoperative,such decision shall not affect the validity of the remainingportion of this code.

SECTION 1.2Reserved

SECTION 1.3Reserved

SECTION 1.4Reserved

SECTION 1.5Reserved

SECTION 1.6Reserved

SECTION 1.7Reserved

SECTION 1.8DEPARTMENT OF HOUSING

AND COMMUNITY DEVELOPMENT (HCD)1.8.1 Purpose. The purpose of this code is to establish theminimum requirements necessary to protect the health, safetyand general welfare of the occupants and the public by gov-erning accessibility, erection, construction, reconstruction,enlargement, conversion, alteration, repair, moving,removal, demolition, occupancy, use, height, court, area,sanitation, ventilation, maintenance and safety to life andproperty from fire and other hazards attributed to the builtenvironment.

SECTION 1.8.2AUTHORITY AND ABBREVIATIONS

1.8.2.1 General. The Department of Housing and CommunityDevelopment is authorized by law to promulgate and adoptbuilding standards and regulations for several types of build-ing applications. The applications under the authority of theDepartment of Housing and Community Development arelisted in Sections 1.8.2.1.1 through 1.8.2.1.3.

1.8.2.1.1 Housing construction.

Application—Hotels, motels, lodging houses, apartmenthouses, dwellings, dormitories, condominiums, sheltersfor homeless persons, congregate residences, employeehousing, factory-built housing and other types of dwell-ings containing sleeping accommodations with or withoutcommon toilet or cooking facilities including accessorybuildings, facilities and uses thereto. Sections of this codewhich pertain to applications listed in this section areidentified using the abbreviation “HCD 1.”

Enforcing agency—Local building department or theDepartment of Housing and Community Development.

Authority cited—Health and Safety Code Sections 17040,17050, 17920.9, 17921, 17921.3, 17921.6, 17921.10,17922, 17922.6, 17922.12, 17927, 17928, 17959.6, 18300,18552, 18554, 18620, 18630, 18640, 18670, 18690,18691, 18865, 18871.3, 18871.4, 18873, 18873.1,18873.2, 18873.3, 18873.4, 18873.5, 18938.3, 18944.11and 19990; and Government Code Section 12955.1.

Reference—Health and Safety Code Sections 17000through 17062.5, 17910 through 17995.5, 18200 through18700, 18860 through 18874, 19960 through 19997; andGovernment Code Sections 12955.1 and 12955.1.1.

1.8.2.1.2 Housing accessibility.

Application—“COVERED MULTIFAMILY DWELLINGS”as defined in Chapter 11A of the California Building Code(CBC) including, but not limited to, lodging houses, dor-mitories, timeshares, condominiums, shelters for homelesspersons, congregate residences, apartment houses, dwell-ings, employee housing, factory-built housing and othertypes of dwellings containing sleeping accommodationswith or without common toilet or cooking facilities.

Disabled access regulations promulgated under HCDauthority are located in Chapter 11A of the CaliforniaBuilding Code (CBC) and are identified by the abbrevia-tion “HCD 1-AC.” The application of such provisionsshall be in conjunction with other requirements of theBuilding Standards Code and apply only to newly con-structed “COVERED MULTIFAMILY DWELLINGS” asdefined in CBC Chapter 11A. “HCD 1-AC” applicationsinclude, but are not limited to, the following:

1. All newly constructed “COVERED MULTIFAMILYDWELLINGS” as defined in CBC Chapter 11A.

2. New “COMMON USE AREAS” as defined in CBCChapter 11A serving existing covered multifamilydwellings.

3. Additions to existing buildings, where the additionalone meets the definition of “COVERED MULTI-FAMILY DWELLINGS” as defined in CBC Chapter11A.

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4. Common use areas serving covered multifamilydwellings.

5. Where any portion of a building’s exterior is pre-served, but the interior of the building is removed,including all structural portions of floors and ceil-ings, the building is considered a new building forthe purpose of determining the application of CBCChapter 11A.

“HCD 1-AC” building standards generally do notapply to public use areas or public accommodationssuch as hotels and motels or public housing. Public useareas, public accommodations, public housing andhousing which is publicly funded as defined in the CBCare subject to the Division of the State Architect (DSA-AC) and are referenced in CBC Section 1.9.1.

Enforcing agency—Local building department or theDepartment of Housing and Community Development.

Authority cited—Health and Safety Code Sections17040, 17050, 17920.9, 17921, 17921.3, 17921.6,17921.10, 17922, 17922.6, 17922.12, 17927, 17928,17959.6, 18300, 18552, 18554, 18620, 18630, 18640,18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873,18873.1, 18873.2, 18873.3, 18873.4, 18873.5, 18938.3,18944.11 and 19990; and Government Code Section12955.1.

Reference—Health and Safety Code Sections 17000through 17062.5, 17910 through 17995.5, 18200through 18700, 18860 through 18874, 19960 through19997; and Government Code Sections 12955.1 and12955.1.1.

1.8.2.1.3 Permanent buildings in mobilehome parksand special occupancy parks.

Application—Permanent buildings, and permanentaccessory buildings or structures, constructed withinmobilehome parks and special occupancy parks thatare under the control and ownership of the park opera-tor. Sections of this code which pertain to applicationslisted in this section are identified using the abbrevia-tion “HCD 2.”

Enforcing agency—The Department of Housing andCommunity Development, local building department orother local agency that has assumed responsibility forthe enforcement of Health and Safety Code, Division13, Part 2.1, commencing with Section 18200 formobilehome parks and Health and Safety Code, Divi-sion 13, Part 2.3, commencing with Section 18860 forspecial occupancy parks.

Authority cited—Health and Safety Code Sections17040, 17050, 17920.9, 17921, 17921.3, 17921.6,17921.10, 17922, 17922.6, 17922.12, 17927, 17928,17959.6, 18300, 18552, 18554, 18620, 18630, 18640,18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873,18873.1, 18873.2, 18873.3, 18873.4, 18873.5, 18938.3,18944.11 and 19990; and Government Code Section12955.1.

Reference—Health and Safety Code Sections 17000through 17062.5, 17910 through 17995.5, 18200

through 18700, 18860 through 18874 and 19960through 19997; and Government Code Sections12955.1 and 12955.1.1.

SECTION 1.8.3LOCAL ENFORCING AGENCY

1.8.3.1 Duties and powers. The building department of everycity, county, or city and county shall enforce all the provi-sions of law, this code, and the other rules and regulationspromulgated by the Department of Housing and CommunityDevelopment pertaining to the installation, erection, con-struction, reconstruction, movement, enlargement, conver-sion, alteration, repair, removal, demolition or arrangementof apartment houses, hotels, motels, lodging houses anddwellings, including accessory buildings, facilities and usesthereto.

The provisions regulating the erection and construction ofdwellings and appurtenant structures shall not apply to exist-ing structures as to which construction is commenced orapproved prior to the effective date of these regulations.Requirements relating to use, maintenance and occupancyshall apply to all dwellings and appurtenant structuresapproved for construction or constructed before or after theeffective date of this code.

For additional information regarding the use and occu-pancy of existing buildings and appurtenant structures, seeCalifornia Code of Regulations, Title 25, Division 1, Chapter1, Subchapter 1, commencing with Article 1, Section 1.

1.8.3.2 Laws, rules and regulations. Other than the buildingstandards contained in this code, and notwithstanding otherprovisions of law, the statutory authority and location of thelaws, rules and regulations to be enforced by local enforcingagencies are listed by statute in Sections 1.8.3.2.1 through1.8.3.2.5 below:

1.8.3.2.1 State Housing Law. Refer to the State HousingLaw, California Health and Safety Code, Division 13, Part1.5, commencing with Section 17910 and California Codeof Regulations, Title 25, Division 1, Chapter 1, Subchap-ter 1, commencing with Section 1, for the erection, con-struction, reconstruction, movement, enlargement,conversion, alteration, repair, removal, demolition orarrangement of apartment houses, hotels, motels, lodginghouses and dwellings, including accessory buildings,facilities and uses thereto.

1.8.3.2.2 Mobilehome Parks Act. Refer to the Mobile-home Parks Act, California Health and Safety Code, Divi-sion 13, Part 2.1, commencing with Section 18200 andCalifornia Code of Regulations, Title 25, Division 1,Chapter 2, commencing with Section 1000 for mobilehomepark administrative and enforcement authority, permits,plans, fees, violations, inspections and penalties bothwithin and outside mobilehome parks.

Exception: Mobilehome parks where the Departmentof Housing and Community Development is the enforc-ing agency.

1.8.3.2.3 Special Occupancy Parks Act. Refer to the Spe-cial Occupancy Parks Act, California Health and Safety





Code, Division 13, Part 2.3, commencing with Section18860 and California Code of Regulations, Title 25,Division 1, Chapter 2.2, commencing with Section 2000for special occupancy park administrative and enforce-ment authority, permits, fees, violations, inspections andpenalties both within and outside of special occupancyparks.

Exception: Special occupancy parks where the Depart-ment of Housing and Community Development is theenforcing agency.

1.8.3.2.4 Employee Housing Act. Refer to the EmployeeHousing Act, California Health and Safety Code, Division13, Part 1, commencing with Section 17000 and Califor-nia Code of Regulations, Title 25, Division 1, Chapter 1,Subchapter 3, commencing with Section 600 for employeehousing administrative and enforcement authority, per-mits, fees, violations, inspections and penalties.

1.8.3.2.5 Factory-Built Housing Law. Refer to the Fac-tory-Built Housing Law, California Health and SafetyCode, Division 13, Part 6, commencing with Section19960 and California Code of Regulations, Title 25, Divi-sion 1, Chapter 3, Subchapter 1, commencing with Section3000 for factory-built housing administrative and enforce-ment authority, permits, fees, violations, inspections andpenalties.

SECTION 1.8.4PERMITS, FEES,

APPLICATIONS AND INSPECTIONS1.8.4.1 Permits. A written construction permit shall beobtained from the enforcing agency prior to the erection,construction, reconstruction, installation, moving or altera-tion of any building or structure.

Exceptions:

1. Work exempt from permits as specified in Chapter 1,Scope and Application, Division II, Administration,Section R105.2.

2. Changes, alterations or repairs of a minor naturenot affecting structural features, egress, sanitation,safety or accessibility as determined by the enforc-ing agency.

Exemptions from permit requirements shall not be deemedto grant authorization for any work to be done in any mannerin violation of other provisions of law or this code.

1.8.4.2 Fees. Subject to other provisions of law, the govern-ing body of any city, county, or city and county may prescribefees to defray the cost of enforcement of rules and regulationspromulgated by the Department of Housing and CommunityDevelopment. The amount of the fees shall not exceed theamount reasonably necessary to administer or process per-mits, certificates, forms or other documents, or to defray thecosts of enforcement. For additional information, see StateHousing Law, Health and Safety Code, Division 13, Part 1.5,Section 17951 and California Code of Regulations, Title 25,Division 1, Chapter 1, Subchapter 1, Article 3, commencingwith Section 6.

1.8.4.3 Plan review and time limitations. Subject to otherprovisions of law, provisions related to plan checking, prohi-bition of excessive delays and contracting with or employ-ment of private parties to perform plan checking are set forthin State Housing Law, Health and Safety Code Section17960.1, and for employee housing, in Health and SafetyCode Section 17021.

1.8.4.3.1 Retention of plans. The building department ofevery city, county, or city and county shall maintain anofficial copy, microfilm, electronic or other type of photo-graphic copy of the plans of every building, during the lifeof the building, for which the department issued a buildingpermit.

Exceptions:

1. Single or multiple dwellings not more than twostories and basement in height.

2. Garages and other structures appurtenant tobuildings listed in Exception 1.

3. Farm or ranch buildings appurtenant to build-ings listed in Exception 1.

4. Any one-story building where the span betweenbearing walls does not exceed 25 feet (7620 mm),except a steel frame or concrete building.

All plans for common interest developments as definedin Section 1351 of the California Civil Code shall beretained. For additional information regarding planretention and reproduction of plans by an enforcingagency, see Health and Safety Code Sections 19850through 19852.

1.8.4.4 Inspections. Construction or work for which a permitis required shall be subject to inspection by the building offi-cial, and such construction or work shall remain accessibleand exposed for inspection purposes until approved.Approval as a result of an inspection shall not be construedto be an approval of a violation of the provisions of this codeor other regulations of the Department of Housing and Com-munity Development. Required inspections are listed inChapter 1, Scope and Application, Division II, Administra-tion, Sections R109.1.1, R109.1.1.1, R109.1.3, R109.1.4,R109.1.4.1, R109.1.4.2, R109.1.5, R109.1.5.1, R109.1.5.2,R109.1.6, R109.1.6.1 and R109.1.6.2.

SECTION 1.8.5RIGHT OF ENTRY FOR ENFORCEMENT

1.8.5.1 General. Subject to other provisions of law, officersand agents of the enforcing agency may enter and inspectpublic and private properties to secure compliance with therules and regulations promulgated by the Department ofHousing and Community Development. For limitations andadditional information regarding enforcement, see the fol-lowing:

1. For applications subject to the State Housing Law asreferenced in Section 1.8.3.2.1 of this code, refer toHealth and Safety Code, Division 13, Part 1.5, com-mencing with Section 17910 and California Code of





Regulations, Title 25, Division 1, Chapter 1, Subchap-ter 1, commencing with Section 1.

2. For applications subject to the Mobilehome Parks Actas referenced in Section 1.8.3.2.2 of this code, refer toHealth and Safety Code, Division 13, Part 2.1, com-mencing with Section 18200 and California Code ofRegulations, Title 25, Division 1, Chapter 2, commenc-ing with Section 1000.

3. For applications subject to the Special OccupancyParks Act as referenced in Section 1.8.3.2.3 of thisCode, refer to Health and Safety Code, Division 13,Part 2.3, commencing with Section 18860 and Califor-nia Code of Regulations, Title 25, Division 1, Chapter2.2, commencing with Section 2000.

4. For applications subject to the Employee Housing Actas referenced in Section 1.8.3.2.4 of this code, refer toHealth and Safety Code, Division 13, Part 1, Section17000 and California Code of Regulations, Title 25,Division 1, Chapter 1, Subchapter 3, commencing withSection 600.

5. For applications subject to the Factory-Built HousingLaw as referenced in Section 1.8.3.2.5 of this code,refer to Health and Safety Code, Division 13, Part 6,commencing with Sections 19960 and California Codeof Regulations, Title 25, Division 1, Chapter 3, Sub-chapter 1, commencing with Section 3000.

SECTION 1.8.6LOCAL MODIFICATION BY

ORDINANCE OR REGULATION1.8.6.1 General. Subject to other provisions of law, a city,county, or city and county may make changes to the provi-sions adopted by the Department of Housing and CommunityDevelopment. If any city, county, or city and county does notamend, add or repeal by local ordinances or regulations theprovisions published in this code or other regulations pro-mulgated by the Department of Housing and CommunityDevelopment, those provisions shall be applicable and shallbecome effective 180 days after publication by the CaliforniaBuilding Standards Commission. Amendments, additions anddeletions to this code adopted by a city, county, or city andcounty pursuant to California Health and Safety Code Sec-tions 17958.5, 17958.7 and 18941.5, together with all appli-cable portions of this code, shall also become effective 180days after publication of the California Building StandardsCode by the California Building Standards Commission.

1.8.6.2 Findings, filings and rejections of local modifica-tions. Prior to making any modifications or establishing morerestrictive building standards, the governing body shall makeexpress findings and filings, as required by California Healthand Safety Code Section 17958.7, showing that such modifi-cations are reasonably necessary due to local climatic, geo-logical or topographical conditions. No modification shallbecome effective or operative unless the following require-ments are met:

1. The express findings shall be made available as a pub-lic record.

2. A copy of the modification and express finding, eachdocument marked to cross-reference the other, shall befiled with the California Building Standards Commis-sion for a city, county, or city and county and with theDepartment of Housing and Community Developmentfor fire protection districts.

3. The California Building Standards Commission has notrejected the modification or change.

Nothing in this section shall limit the authority of fire pro-tection districts pursuant to California Health and SafetyCode Section 13869.7(a).

SECTION 1.8.7ALTERNATE MATERIALS, DESIGNS,

TESTS AND METHODS OF CONSTRUCTION1.8.7.1 General. The provisions of this code as adopted bythe Department of Housing and Community Development arenot intended to prevent the use of any alternate material,appliance, installation, device, arrangement, design ormethod of construction not specifically prescribed by thiscode. Consideration and approval of alternates shall complywith Section 1.8.7.2 for local building departments and Sec-tion 1.8.7.3 for the Department of Housing and CommunityDevelopment.

1.8.7.2 Local building departments. The building departmentof any city, county, or city and county may approve alternatesfor use in the erection, construction, reconstruction, move-ment, enlargement, conversion, alteration, repair, removal,demolition or arrangement of an apartment house, hotel,motel, lodging house, dwelling or an accessory structure,except for the following:

1. Structures located in mobilehome parks as defined inCalifornia Health and Safety Code Section 18214.

2. Structures located in special occupancy parks asdefined in California Health and Safety Code Section18862.43.

3. Factory-built housing as defined in California Healthand Safety Code Section 19971.

1.8.7.2.1 Approval of alternates. The consideration andapproval of alternates by a local building departmentshall comply with the following procedures and limita-tions:

1. The approval shall be granted on a case-by-casebasis.

2. Evidence shall be submitted to substantiate claimsthat the proposed alternate, in performance, safetyand protection of life and health, conforms to, or isat least equivalent to, the standards contained in thiscode and other rules and regulations promulgatedby the Department of Housing and CommunityDevelopment.

3. The local building department may require testsperformed by an approved testing agency at theexpense of the owner or owner’s agent as proof ofcompliance.





4. If the proposed alternate is related to accessibility incovered multifamily dwellings or in facilities serving“COVERED MULTIFAMILY DWELLINGS” asdefined in CBC Chapter 11A, the proposed alternatemust also meet the threshold set for “EQUIVALENTFACILITATION” as defined in CBC Chapter 11A.

For additional information regarding approval ofalternates by a building department pursuant to the StateHousing Law, see California Health and Safety Code Sec-tion 17951(e) and California Code of Regulations, Title25, Division 1, Chapter 1, Subchapter 1.

1.8.7.3 Department of Housing and Community Develop-ment. The Department of Housing and Community Develop-ment may approve alternates for use in the erection,construction, reconstruction, movement, enlargement, con-version, alteration, repair, removal or demolition of anapartment house, hotel, motel, lodging house, dwelling or anaccessory thereto and permanent buildings in mobilehomeparks and special occupancy parks. The consideration andapproval of alternates shall comply with the following:

1. The department may require tests at the expense of theowner or owner’s agent to substantiate compliancewith the California Building Standards Code.

2. The approved alternate shall, for its intended purpose,be at least equivalent in performance and safety to thematerials, designs, tests or methods of constructionprescribed by this code.

SECTION 1.8.8APPEALS BOARD

1.8.8.1 General. Every city, county, or city and county shallestablish a process to hear and decide appeals of orders,decisions and determinations made by the enforcing agencyrelative to the application and interpretation of this code andother regulations governing use, maintenance and change ofoccupancy. The governing body of any city, county, or cityand county may establish a local appeals board and a hous-ing appeals board to serve this purpose. Members of theappeals board(s) shall not be employees of the enforcingagency and shall be knowledgeable in the applicable buildingcodes, regulations and ordinances as determined by the gov-erning body of the city, county, or city and county.

Where no such appeals boards or agencies have beenestablished, the governing body of the city, county, or cityand county shall serve as the local appeals board or housingappeals board as specified in California Health and SafetyCode Sections 17920.5 and 17920.6.

1.8.8.2 Definitions. The following terms shall for the pur-poses of this section have the meaning shown.

HOUSING APPEALS BOARD. The board or agency of acity, county, or city and county which is authorized by thegoverning body of the city, county, or city and county tohear appeals regarding the requirements of the city,county or city and county relating to the use, maintenanceand change of occupancy of buildings and structures,including requirements governing alteration, additions,repair, demolition and moving. In any area in which there

is no such board or agency, “Housing Appeals Board”means the local appeals board having jurisdiction over thearea.

LOCAL APPEALS BOARD. The board or agency of acity, county, or city and county which is authorized by thegoverning body of the city, county, or city and county tohear appeals regarding the building requirements of thecity, county, or city and county. In any area in which thereis no such board or agency, “Local Appeals Board”means the governing body of the city, county, or city andcounty having jurisdiction over the area.

1.8.8.3 Appeals. Except as otherwise provided in law, anyperson, firm or corporation adversely affected by a decision,order or determination by a city, county, or city and countyrelating to the application of building standards published inthe California Building Standards Code, or any other appli-cable rule or regulation adopted by the Department of Hous-ing and Community Development, or any lawfully enactedordinance by a city, county, or city and county, may appealthe issue for resolution to the local appeals board or housingappeals board as appropriate.

The local appeals board shall hear appeals relating tonew building construction, and the housing appeals boardshall hear appeals relating to existing buildings.

SECTION 1.8.9UNSAFE BUILDINGS OR STRUCTURES

1.8.9.1 Authority to enforce. Subject to other provisions oflaw, the administration, enforcement, actions, proceedings,abatement, violations and penalties for unsafe buildings andstructures are contained in the following statutes and regula-tions:

1. For applications subject to the State Housing Law asreferenced in Section 1.8.3.2.1 of this code, refer toHealth and Safety Code, Division 13, Part 1.5, com-mencing with Section 17910 and California Code ofRegulations, Title 25, Division 1, Chapter 1, Subchap-ter 1, commencing with Section 1.


3. For applications subject to the Special OccupancyParks Act as referenced in Section 1.8.3.2.3 of thiscode, refer to Health and Safety Code, Division 13,Part 2.3, commencing with Section 18860 and Califor-nia Code of Regulations, Title 25, Division 1, Chapter2.2, commencing with Section 2000.

4. For applications subject to the Employee Housing Actas referenced in Section 1.8.3.2.4 of this code, refer toHealth and Safety Code, Division 13, Part 1, commenc-ing with Section 17000 and California Code of Regula-tions, Title 25, Division 1, Chapter 1, Subchapter 3,commencing with Section 600.





5. For applications subject to the Factory-Built HousingLaw as referenced in Section 1.8..2.5 of this code, referto Health and Safety Code, Division 13, Part 6, com-mencing with Section 19960 and California Code ofRegulations, Title 25, Division 1, Chapter 3, Subchap-ter 1, commencing with Section 3000.

1.8.9.2 Actions and proceedings. Subject to other provisionsof law, punishments, penalties and fines for violations ofbuilding standards are contained in the following statutesand regulations:

1. For applications subject to the State Housing Law asreferenced in Section 1.8.3.2.1 of this code, refer toHealth and Safety Code, Division 13, Part 1.5, com-mencing with Section 17910 and California Code ofRegulations, Title 25, Division 1, Chapter 1, Subchap-ter 1, commencing with Section 1.


3. For applications subject to the Special OccupancyParks Act as referenced in Section 1.8.3.2.3 of thiscode, refer to the Health and Safety Code, Division 13,Part 2.3, commencing with Section 18860 and Califor-nia Code of Regulations, Title 25, Division 1, Chapter2.2, commencing with Section 2000.

4. For applications subject to the Employee Housing Actas referenced in Section 1.8.3.2.4 of this code, refer toHealth and Safety Code, Division 13, Part 1, commenc-ing with Section 17000 and California Code of Regula-tions, Title 25, Division 1, Chapter 1, Subchapter 3,commencing with Section 600.

5. For applications subject to the Factory-Built HousingLaw as referenced in Section 1.8.3.2.5 of this code,refer to Health and Safety Code, Division 13, Part 6,commencing with Section 19960 and California Codeof Regulations, Title 25, Division 1, Chapter 3, Sub-chapter 1, commencing with Section 3000.

SECTION 1.8.10OTHER BUILDING REGULATIONS

1.8.10.1 Existing structures. Subject to the requirements ofCalifornia Health and Safety Code Sections 17912, 17920.3,17922, 17922.3, 17958.8 and 17958.9, provisions relating toexisting structures (additions, alterations and repairs) shallonly apply as identified in the California Building CodeChapter 34 Matrix Adoption Table under the authority of theDepartment of Housing and Community Development aslisted in Sections 1.8.2.1.1 through 1.8.2.1.3 of this code.

1.8.10.2 Moved structures. Subject to the requirements ofCalifornia Health and Safety Code Sections 17922.3 and17958.9, provisions relating to a moved residential structure

are located in CBC Chapter 34 and shall only apply as iden-tified in the CBC Chapter 34 Matrix Adoption Table underthe authority of the Department of Housing and CommunityDevelopment as listed in Sections 1.8.2.1.1 through 1.8.2.1.3of this code.

SECTION 1.9Reserved

SECTION 1.10Reserved

SECTION 1.11OFFICE OF THE STATE FIRE MARSHAL

1.11.1 SFM—Office of the State Fire Marshal. Specificscope of application of the agency responsible for enforce-ment, the enforcement agency and the specific authority toadopt and enforce such provisions of this code, unless other-wise stated.

Application. Institutional, educational or any similar occu-pancy. Any building or structure used or intended for use asan asylum, jail, mental hospital, hospital, sanitarium, homefor the aged, children’s nursery, children’s home, school orany similar occupancy of any capacity.

Authority cited—Health and Safety Code Section 13143.

Reference—Health and Safety Code Section 13143.

Assembly or similar place of assemblage. Any theater,dancehall, skating rink, auditorium, assembly hall, meetinghall, nightclub, fair building or similar place of assemblagewhere 50 or more persons may gather together in a building,room or structure for the purpose of amusement, entertain-ment, instruction, deliberation, worship, drinking or dining,awaiting transportation, or education.



Small family day-care homes.

Authority cited—Health and Safety Code Sections1597.45, 1597.54, 13143 and 17921.


Large family day-care homes.

Authority cited—Health and Safety Code Sections1597.46, 1597.54 and 17921.


Residential facilities and residential facilities for the elderly.







Any state institution or other state-owned or state-occupiedbuilding.



High-rise structures.



Motion picture production studios.

Authority cited—Health and Safety Code Section13143.1.


Organized camps.



Residential. All hotels, motels, lodging houses, apartmenthouses and dwellings, including congregate residences andbuildings and structures accessory thereto. Multiple-storystructures existing on January 1, 1975, let for human habita-tion, including and limited to, hotels, motels and apartmenthouses, less than 75 feet (22 860 mm) above the lowest floorlevel having building access, wherein rooms used for sleep-ing are let above the ground floor.

Authority cited—Health and Safety Code Sections13143.2 and 17921.


Residential care facilities. Certified family care homes, out-of-home placement facilities, halfway houses, drug and/oralcohol rehabilitation facilities and any building or structureused or intended for use as a home or institution for the hous-ing of any person of any age when such person is referred toor placed within such home or institution for protective socialcare and supervision services by any governmental agency.

Authority cited—Health and Safety Code Section 13143.6.


Tents, awnings or other fabric enclosures used in connec-tion with any occupancy.



Fire alarm devices, equipment and systems in connectionwith any occupancy.



Hazardous materials.



Flammable and combustible liquids.

Authority cited—Health and Safety Code Section 13143.6.


Public school automatic fire detection, alarm and sprinklersystems.

Authority cited—Health and Safety Code Section 13143and California Education Code Article 7.5, Sections17074.50, 17074.52 and 17074.54.

Reference—Government Code Section 11152.5, Healthand Safety Code Section 13143 and California EducationCode Chapter 12.5, Leroy F. Greene School Facilities Actof 1998, Article 1.

Wildland-Urban interface fire area.

Authority cited—Health and Safety Code Sections 13143,13108.5(a) and 18949.2(b) and (c) and Government CodeSection 51189.

Reference—Health and Safety Code Sections 13143,Government Code Sections 51176, 51177, 51178 and51179 and Public Resources Code Sections 4201 through4204.

1.11.1.1 Adopting agency identification. The provisionsof this code applicable to buildings identified in this Sub-section 1.11.1 will be identified in the Matrix AdoptionTables under the acronym SFM.

1.11.2 Duties and powers of the enforcing agency.

1.11.2.1 Enforcement.

1.11.2.1.1 The responsibility for enforcement of build-ing standards adopted by the State Fire Marshal andpublished in the California Building Standards Coderelating to fire and panic safety and other regulationsof the State Fire Marshal shall except as provided inSection 1.11.2.1.2 be as follows:

1. The city, county, or city and county with jurisdic-tion in the area affected by the standard or regu-lation shall delegate the enforcement of thebuilding standards relating to fire and panicsafety and other regulations of the State FireMarshal as they relate to Group R-3 occupan-cies, as described in Section 1.1.3.1 or CCR, Part2 California Building Code, Section 310.1, toeither of the following:

1.1. The chief of the fire authority of the city,county or city and county, or an authorizedrepresentative.

1.2. The chief building official of the city, countyor city and county, or an authorized repre-sentative.

2. The chief of any city or county fire department orof any fire protection district, and authorizedrepresentatives, shall enforce within the jurisdic-tion the building standards and other regulationsof the State Fire Marshal, except those describedin Item 1 or 4.

3. The State Fire Marshal shall have authority toenforce the building standards and other regula-tions of the State Fire Marshal in areas outside of





corporate cities and districts providing fire pro-tection services.

4. The State Fire Marshal shall have authority toenforce the building standards and other regula-tions of the State Fire Marshal in corporate citiesand districts providing fire protection services onrequest of the chief fire official or the governingbody.

5. Any fee charged pursuant to the enforcementauthority of this section shall not exceed the esti-mated reasonable cost of providing the servicefor which the fee is charged pursuant to Section66014 of the Government Code.

1.11.2.1.2 Pursuant to Health and Safety Code Section13108, and except as otherwise provided in this sec-tion, building standards adopted by the State Fire Mar-shal published in the California Building StandardsCode relating to fire and panic safety shall be enforcedby the State Fire Marshal in all state-owned buildings,state-occupied buildings and state institutions through-out the state. Upon the written request of the chief fireofficial of any city, county, or fire protection district,the State Fire Marshal may authorize such chief fireofficial and his or her authorized representatives, intheir geographical area of responsibility, to make fireprevention inspections of state-owned or state-occu-pied buildings, other than state institutions, for the pur-pose of enforcing the regulations relating to fire andpanic safety adopted by the State Fire Marshal pursu-ant to this section and building standards relating tofire and panic safety published in the California Build-ing Standards Code. Authorization from the State FireMarshal shall be limited to those fire departments orfire districts which maintain a fire prevention bureaustaffed by paid personnel.

Pursuant to Health and Safety Code Section 13108,any requirement or order made by any chief fire officialwho is authorized by the State Fire Marshal to makefire prevention inspections of state-owned or state-occupied buildings, other than state institutions, maybe appealed to the State Fire Marshal. The State FireMarshal shall, upon receiving an appeal and subject tothe provisions of Chapter 5 (commencing with Section18945) of Part 2.5 of Division 13 of the Health andSafety Code, determine if the requirement or ordermade is reasonably consistent with the fire and panicsafety regulations adopted by the State Fire Marshaland building standards relating to fire and panic safetypublished in the California Building Code.

Any person may request a code interpretation fromthe State Fire Marshal relative to the intent of any reg-ulation or provision adopted by the State Fire Marshal.When the request relates to a specific project, occu-pancy or building, the State Fire Marshal shall reviewthe issue with the appropriate local enforcing agencyprior to rendering such code interpretation.

1.11.2.1.3 Pursuant to Health and Safety Code Section13112, any person who violates any order, rule or reg-ulation of the State Fire Marshal is guilty of a misde-meanor punishable by a fine of not less than $100.00 ormore than $500.00, or by imprisonment for not lessthan six months, or by both. A person is guilty of a sep-arate offense each day during which he or she commits,continues or permits a violation of any provision of, orany order, rule or regulation of, the State Fire Marshalas contained in this code.

Any inspection authority who, in the exercise of hisor her authority as a deputy State Fire Marshal, causesany legal complaints to be filed or any arrest to bemade shall notify the State Fire Marshal immediatelyfollowing such action.

1.11.2.2 Right of entry. The fire chief of any city, county orfire protection district, or such person’s authorized repre-sentative, may enter any state institution or any other state-owned or state-occupied building for the purpose of prepar-ing a fire suppression preplanning program or for the pur-pose of investigating any fire in a state-occupied building.

The State Fire Marshal, his or her deputies or salariedassistants, the chief of any city or county fire departmentor fire protection district and his or her authorized repre-sentatives may enter any building or premises not used fordwelling purposes at any reasonable hour for the purposeof enforcing this chapter. The owner, lessee, manager oroperator of any such building or premises shall permit theState Fire Marshal, his or her deputies or salaried assis-tants and the chief of any city or county fire department orfire protection district and his or her authorized represen-tatives to enter and inspect them at the time and for thepurpose stated in this section.

1.11.2.3 More restrictive fire and panic safety buildingstandards.

1.11.2.3.1 Any fire protection district organized pursu-ant to Health and Safety Code Part 2.7 (commencingwith Section 13800) of Division 12 may adopt buildingstandards relating to fire and panic safety that aremore stringent than those building standards adoptedby the State Fire Marshal and contained in the Califor-nia Building Standards Code. For these purposes, thedistrict board shall be deemed a legislative body andthe district shall be deemed a local agency. Anychanges or modifications that are more stringent thanthe requirements published in the California BuildingStandards Code relating to fire and panic safety shallbe subject to Section 1.1.8.1.

1.11.2.3.2 Any fire protection district that proposes toadopt an ordinance pursuant to this section shall, notless than 30 days prior to noticing a proposed ordi-nance for public hearing, provide a copy of that ordi-nance, together with the adopted findings madepursuant to Section 1.11.2.3.1, to the city, county, orcity and county where the ordinance will apply. Thecity, county, or city and county may provide the district





with written comments, which shall become part of thefire protection district’s public hearing record.

1.11.2.3.3 The fire protection district shall transmit theadopted ordinance to the city, county, or city andcounty where the ordinance will apply. The legislativebody of the city, county, or city and county may ratify,modify or deny an adopted ordinance and transmit itsdetermination to the district within 15 days of the deter-mination. Any modification or denial of an adoptedordinance shall include a written statement describingthe reasons for any modifications or denial. No ordi-nance adopted by the district shall be effective until rat-ification by the city, county, or city and county wherethe ordinance will apply. Upon ratification of anadopted ordinance, the city, county, or city and countyshall file a copy of the findings of the district, and anyfindings of the city, county, or city and county, togetherwith the adopted ordinance expressly marked and iden-tified to which each finding refers, in accordance withSection 1.1.8.1:3.

1.11.2.4 Request for alternate means of protection.Requests for approval to use an alternative material,assembly or materials, equipment, method of construction,method of installation of equipment or means of protectionshall be made in writing to the enforcing agency by theowner or the owner’s authorized representative and shallbe accompanied by a full statement of the conditions. Suf-ficient evidence or proof shall be submitted to substantiateany claim that may be made regarding its conformance.The enforcing agency may require tests and the submis-sion of a test report from an approved testing organizationas set forth in Title 19, California Code of Regulation, tosubstantiate the equivalency of the proposed alternativemeans of protection.

When a request for alternate means of protectioninvolves hazardous materials, the authority having juris-diction may consider implementation of the findings andrecommendations identified in a Risk Management Plan(RMP) developed in accordance with Title 19, Division 2,Chapter 4.5, Article 3.

Approval of a request for use of an alternative material,assembly of materials, equipment, method of construction,method of installation of equipment or means of protectionmade pursuant to these provisions shall be limited to theparticular case covered by request and shall not be con-strued as establishing any precedent for any future request.

1.11.2.5 Appeals. When a request for an alternate means ofprotection has been denied by the enforcing agency, theapplicant may file a written appeal to the State Fire Mar-shal for consideration of the applicant’s proposal. In con-sidering such appeal, the State Fire Marshal may seek theadvice of the State Board of Fire Services. The State FireMarshal shall, after considering all of the facts presented,including any recommendations of the State Board of FireServices, determine if the proposal is for the purposesintended, at least equivalent to that specified in these regu-lations in quality, strength, effectiveness, fire resistance,durability and safety, and shall transmit such findings and

any recommendations to the applicant and to the enforcingagency.

1.11.3 Construction documents.

1.11.3.1 Public schools. Plans and specifications for theconstruction, alteration or addition to any building owned,leased or rented by any public school district shall be sub-mitted to the Division of the State Architect.

1.11.3.2 Movable walls and partitions. Plans or diagramsshall be submitted to the enforcing agency for approvalbefore the installation of, or rearrangement of, any mov-able wall or partition in any occupancy. Approval shall begranted only if there is no increase in the fire hazard.

1.11.3.3 New construction high-rise buildings.

1. Complete plans or specifications, or both, shall beprepared covering all work required to comply withnew construction high-rise buildings. Such plansand specifications shall be submitted to the enforc-ing agency having jurisdiction.

2. All plans and specifications shall be prepared underthe responsible charge of an architect or a civil orstructural engineer authorized by law to developconstruction plans and specifications, or by bothsuch architect and engineer. Plans and specifica-tions shall be prepared by an engineer duly quali-fied in that branch of engineering necessary toperform such services. Administration of the work ofconstruction shall be under the charge of theresponsible architect or engineer except that whereplans and specifications involve alterations orrepairs, such work of construction may be adminis-tered by an engineer duly qualified to perform suchservices and holding a valid certificate under Chap-ter 7 (commencing with Section 65700) of Division 3of the Business and Professions Code for perfor-mance of services in that branch of engineering inwhich said plans, specifications and estimates andwork of construction are applicable.

This section shall not be construed as preventing thedesign of fire-extinguishing systems by persons holding aC-16 license issued pursuant to Division 3, Chapter 9,Business and Professions Code. In such instances, how-ever, the responsibility charge of this section shall prevail.

1.11.3.4 Existing high-rise buildings.

1. Complete plans or specifications, or both, shall beprepared covering all work required by Section3412 for existing high-rise buildings. Such plans orspecifications shall be submitted to the enforcingagency having jurisdiction.

2. When new construction is required to conform withthe provisions of these regulations, complete plansor specifications, or both, shall be prepared inaccordance with the provisions of this subsection.As used in this section, “new construction” is notintended to include repairs, replacements or minoralterations which do not disrupt or appreciably addto or affect the structural aspects of the building.





1.11.3.5 Retention of plans. Refer to Building StandardsLaw, Health and Safety Code Sections 19850 and 19851for permanent retention of plans.

1.11.4 Fees.

1.11.4.1 Other fees. Pursuant to Health and Safety CodeSection 13146.2, a city, county or district which inspects ahotel, motel, lodging house or apartment house may chargeand collect a fee for the inspection from the owner of thestructure in an amount, as determined by the city, county ordistrict, sufficient to pay its costs of that inspection.

1.11.4.2 Large family day-care. Pursuant to Health andSafety Code Section 1597.46, Large Family Day-CareHomes, the local government shall process any requiredpermit as economically as possible, and fees charged forreview shall not exceed the costs of the review and permitprocess.

1.11.4.3 High-rise. Pursuant to Health and Safety CodeSection 13217, High-rise Structure Inspection: Fees andcosts, a local agency which inspects a high-rise structurepursuant to Health and Safety Code Section 13217 maycharge and collect a fee for the inspection from the owner ofthe high-rise structure in an amount, as determined by thelocal agency, sufficient to pay its costs of that inspection.

1.11.4.4 Fire clearance preinspection. Pursuant to Healthand Safety Code Section 13235, Fire Clearance Prein-spection, fee, upon receipt of a request from a prospectivelicensee of a community care facility, as defined in Section1502, of a residential care facility for the elderly, asdefined in Section 1569.2, or of a child day-care facility,as defined in Section 1596.750, the local fire enforcingagency, as defined in Section 13244, or State Fire Mar-shal, whichever has primary jurisdiction, shall conduct apreinspection of the facility prior to the final fire clear-ance approval. At the time of the preinspection, the pri-mary fire enforcing agency shall price consultation andinterpretation of the fire safety regulations and shall notifythe prospective licensee of the facility in writing of thespecific fire safety regulations which shall be enforced inorder to obtain fire clearance approval. A fee equal to, butnot exceeding, the actual cost of the preinspection servicesmay be charged for the preinspection of a facility with acapacity to serve 25 or fewer persons. A fee equal to, butnot exceeding, the actual cost of the preinspection servicesmay be charged for a preinspection of a facility with acapacity to serve 26 or more persons.

1.11.4.5 Care facilities. The primary fire enforcing agencyshall complete the final fire clearance inspection for acommunity care facility, residential care facility for theelderly, or child day-care facility within 30 days of receiptof the request for the final inspection, or as of the date theprospective facility requests the final prelicensure inspec-tion by the State Department of Social Services, whicheveris later.

Pursuant to Health and Safety Code Section 13235, apreinspection fee equal to, but not exceeding, the actualcost of the preinspection services may be charged for afacility with a capacity to serve 25 or less clients. A feeequal to, but not exceeding, the actual cost of the prein-spection services may be charged for a preinspection of afacility with a capacity to serve 26 or more clients.

Pursuant to Health and Safety Code Section 13131.5, areasonable final inspection fee, not to exceed the actualcost of inspection services necessary to complete a finalinspection may be charged for occupancies classified asresidential care facilities for the elderly (RCFE).

Pursuant to Health and Safety Code Section 1569.84,neither the State Fire Marshal nor any local public entityshall charge any fee for enforcing fire inspection regula-tions pursuant to state law or regulation or local ordi-nance, with respect to residential care facilities for theelderly (RCFE) which service six or fewer persons.

1.11.4.6 Requests of the Office of the State Fire Marshal.Whenever a local authority having jurisdiction requeststhat the State Fire Marshal perform plan review and/orinspection services related to a building permit, the appli-cable fees for such shall be payable to the Office of theState Fire Marshal.

1.11.5 Inspections. Work performed subject to the provisionsof this code shall comply with the inspection requirements ofSections R109.1 through R109.1.6.

1.11.5.1 Existing Group I -1 or R occupancies. Licensed24-hour care in a Group I-1 or R occupancy in existenceand originally classified under previously adopted statecodes shall be reinspected under the appropriate previouscode, provided there is no change in the use or characterwhich would place the facility in a different occupancygroup.

1.11.6 Certificate of occupancy. A certificate of occupancyshall be issued as specified in Section R110.

1.11.7 Temporary structures and uses. See Section R107.

1.11.8 Service utilities. See Section R111.

1.11.9 Stop work order. See Section R114.

1.11.10 Unsafe buildings, structures and equipment. SeeTitle 24, Part 2, California Building Code, Section 115.







DIVISION IIADMINISTRATION

Division II is not adopted by the Department of Housing and Community Developmentor the State Fire Marshal except where specifically indicated.

SECTION R101GENERAL

R101.1 Title. These provisions shall be known as the Resi-dential Code for One- and Two-family Dwellings of [NAMEOF JURISDICTION], and shall be cited as such and will bereferred to herein as “this code.”

R101.2 Scope. The provisions of the California ResidentialCode for One- and Two-family Dwellings shall apply to theconstruction, alteration, movement, enlargement, replace-ment, repair, equipment, use and occupancy, location,removal and demolition of detached one- and two-familydwellings and townhouses not more than three stories abovegrade plane in height with a separate means of egress andtheir accessory structures.

Exceptions:

1. Live/work units complying with the requirements ofSection 419 of the California Building Code shall bepermitted to be built as one- and two-family dwell-ings or townhouses. Fire suppression required bySection 419.5 of the California Building Code whenconstructed under the California Residential Codefor One- and Two-family Dwellings shall conform toSection R313.

2. Owner-occupied lodging houses with five or fewerguestrooms shall be permitted to be constructed inaccordance with the California Residential Code forOne- and Two-family Dwellings when equippedwith a fire sprinkler system in accordance with Sec-tion R313.

R101.3 Intent. The purpose of this code is to establish mini-mum requirements to safeguard the public safety, health andgeneral welfare through affordability, structural strength,means of egress facilities, stability, sanitation, light and venti-lation, energy conservation and safety to life and propertyfrom fire and other hazards attributed to the built environ-ment and to provide safety to fire fighters and emergencyresponders during emergency operations.

SECTION R102APPLICABILITY

R102.1 General. Where there is a conflict between a generalrequirement and a specific requirement, the specific require-ment shall be applicable. Where, in any specific case, differ-ent sections of this code specify different materials, methodsof construction or other requirements, the most restrictiveshall govern.

R102.2 Other laws. The provisions of this code shall not bedeemed to nullify any provisions of local, state or federal law.

R102.3 Application of references. References to chapter orsection numbers, or to provisions not specifically identifiedby number, shall be construed to refer to such chapter, sectionor provision of this code.

R102.4 Referenced codes and standards. The codes andstandards referenced in this code shall be considered part ofthe requirements of this code to the prescribed extent of eachsuch reference and as further regulated in Sections R102.4.1and R102.4.2.

Exception: Where enforcement of a code provision wouldviolate the conditions of the listing of the equipment orappliance, the conditions of the listing and manufacturer’sinstructions shall apply.

R102.4.1 Conflicts. Where conflicts occur between provi-sions of this code and referenced codes and standards, theprovisions of this code shall apply.

R102.4.2 Provisions in referenced codes and standards.Where the extent of the reference to a referenced code orstandard includes subject matter that is within the scope ofthis code, the provisions of this code, as applicable, shalltake precedence over the provisions in the referenced codeor standard.

R102.5 Appendices. Provisions in the appendices shall notapply unless specifically referenced in the adopting ordi-nance.

R102.6 Partial invalidity. In the event any part or provisionof this code is held to be illegal or void, this shall not have theeffect of making void or illegal any of the other parts or pro-visions.

R102.7 Existing structures. The legal occupancy of anystructure existing on the date of adoption of this code shall bepermitted to continue without change, except as is specifi-cally covered in this code, the International Property Mainte-nance Code or the California Fire Code, or as is deemednecessary by the building official for the general safety andwelfare of the occupants and the public.

R102.7.1 Additions, alterations or repairs. Additions,alterations or repairs to any structure shall conform to therequirements for a new structure without requiring theexisting structure to comply with all of the requirements ofthis code, unless otherwise stated. Additions, alterations orrepairs shall not cause an existing structure to becomeunsafe or adversely affect the performance of the building.



DIVISION II ADMINISTRATION


SECTION R103DEPARTMENT OF BUILDING SAFETY

R103.1 Creation of enforcement agency. The department ofbuilding safety is hereby created and the official in chargethereof shall be known as the building official.

R103.2 Appointment. The building official shall beappointed by the chief appointing authority of the jurisdic-tion.

R103.3 Deputies. In accordance with the prescribed proce-dures of this jurisdiction and with the concurrence of theappointing authority, the building official shall have theauthority to appoint a deputy building official, the relatedtechnical officers, inspectors, plan examiners and otheremployees. Such employees shall have powers as delegatedby the building official.

SECTION R104DUTIES AND POWERS OF THE BUILDING OFFICIAL

R104.1 General. The building official is hereby authorizedand directed to enforce the provisions of this code. The build-ing official shall have the authority to render interpretationsof this code and to adopt policies and procedures in order toclarify the application of its provisions. Such interpretations,policies and procedures shall be in conformance with theintent and purpose of this code. Such policies and proceduresshall not have the effect of waiving requirements specificallyprovided for in this code.

R104.2 Applications and permits. The building officialshall receive applications, review construction documentsand issue permits for the erection and alteration of buildingsand structures, inspect the premises for which such permitshave been issued and enforce compliance with the provisionsof this code.

R104.3 Notices and orders. The building official shall issueall necessary notices or orders to ensure compliance with thiscode.

R104.4 Inspections. The building official is authorized tomake all of the required inspections, or the building officialshall have the authority to accept reports of inspection byapproved agencies or individuals. Reports of such inspectionsshall be in writing and be certified by a responsible officer ofsuch approved agency or by the responsible individual. Thebuilding official is authorized to engage such expert opinionas deemed necessary to report upon unusual technical issuesthat arise, subject to the approval of the appointing authority.

R104.5 Identification. The building official shall carryproper identification when inspecting structures or premisesin the performance of duties under this code.

R104.6 Right of entry. Where it is necessary to make aninspection to enforce the provisions of this code, or where thebuilding official has reasonable cause to believe that thereexists in a structure or upon a premises a condition which iscontrary to or in violation of this code which makes the struc-ture or premises unsafe, dangerous or hazardous, the buildingofficial or designee is authorized to enter the structure orpremises at reasonable times to inspect or to perform the

duties imposed by this code, provided that if such structure orpremises be occupied that credentials be presented to theoccupant and entry requested. If such structure or premises beunoccupied, the building official shall first make a reasonableeffort to locate the owner or other person having charge orcontrol of the structure or premises and request entry. If entryis refused, the building official shall have recourse to the rem-edies provided by law to secure entry.

R104.7 Department records. The building official shallkeep official records of applications received, permits andcertificates issued, fees collected, reports of inspections, andnotices and orders issued. Such records shall be retained inthe official records for the period required for the retention ofpublic records.

R104.8 Liability. The building official, member of the boardof appeals or employee charged with the enforcement of thiscode, while acting for the jurisdiction in good faith and with-out malice in the discharge of the duties required by this codeor other pertinent law or ordinance, shall not thereby be ren-dered liable personally and is hereby relieved from personalliability for any damage accruing to persons or property as aresult of any act or by reason of an act or omission in the dis-charge of official duties. Any suit instituted against an officeror employee because of an act performed by that officer oremployee in the lawful discharge of duties and under the pro-visions of this code shall be defended by legal representativeof the jurisdiction until the final termination of the proceed-ings. The building official or any subordinate shall not be lia-ble for cost in any action, suit or proceeding that is institutedin pursuance of the provisions of this code.

R104.9 Approved materials and equipment. Materials,equipment and devices approved by the building official shallbe constructed and installed in accordance with suchapproval.

R104.9.1 Used materials and equipment. Used materi-als, equipment and devices shall not be reused unlessapproved by the building official.

R104.10 Modifications. Wherever there are practical diffi-culties involved in carrying out the provisions of this code,the building official shall have the authority to grant modifi-cations for individual cases, provided the building officialshall first find that special individual reason makes the strictletter of this code impractical and the modification is in com-pliance with the intent and purpose of this code and that suchmodification does not lessen health, life and fire safety orstructural requirements. The details of action granting modifi-cations shall be recorded and entered in the files of thedepartment of building safety.

R104.10.1 Flood hazard areas. The building officialshall not grant modifications to any provision related toflood hazard areas as established by Table R301.2(1) with-out the granting of a variance to such provisions by theboard of appeals.

R104.11 Alternative materials, design and methods ofconstruction and equipment. The provisions of this codeare not intended to prevent the installation of any material orto prohibit any design or method of construction not specifi-cally prescribed by this code, provided that any such alterna-





tive has been approved. An alternative material, design ormethod of construction shall be approved where the buildingofficial finds that the proposed design is satisfactory andcomplies with the intent of the provisions of this code, andthat the material, method or work offered is, for the purposeintended, at least the equivalent of that prescribed in thiscode. Compliance with the specific performance-based provi-sions of the California Codes in lieu of specific requirementsof this code shall also be permitted as an alternate.

R104.11.1 Tests. Whenever there is insufficient evidenceof compliance with the provisions of this code, or evi-dence that a material or method does not conform to therequirements of this code, or in order to substantiateclaims for alternative materials or methods, the buildingofficial shall have the authority to require tests as evidenceof compliance to be made at no expense to the jurisdiction.Test methods shall be as specified in this code or by otherrecognized test standards. In the absence of recognizedand accepted test methods, the building official shallapprove the testing procedures. Tests shall be performedby an approved agency. Reports of such tests shall beretained by the building official for the period required forretention of public records.

SECTION R105PERMITS

R105.1 Required. Any owner or authorized agent whointends to construct, enlarge, alter, repair, move, demolish orchange the occupancy of a building or structure, or to erect,install, enlarge, alter, repair, remove, convert or replace anyelectrical, gas, mechanical or plumbing system, the installa-tion of which is regulated by this code, or to cause any suchwork to be done, shall first make application to the buildingofficial and obtain the required permit.

R105.2 Work exempt from permit. Permits shall not berequired for the following. Exemption from permit require-ments of this code shall not be deemed to grant authorizationfor any work to be done in any manner in violation of the pro-visions of this code or any other laws or ordinances of thisjurisdiction.

Building:

1. One-story detached accessory structures used astool and storage sheds, playhouses and similaruses, provided the floor area does not exceed 120square feet (11.15 m2).

2. Fences not over 7 feet (2134 mm) high.

3. Retaining walls that are not over 4 feet (1219 mm)in height measured from the bottom of the footingto the top of the wall, unless supporting a sur-charge.

4. Water tanks supported directly upon grade if thecapacity does not exceed 5,000 gallons (18 927 L)and the ratio of height to diameter or width doesnot exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets,counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24inches (610 mm) deep.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wallwhich do not project more than 54 inches (1372mm) from the exterior wall and do not requireadditional support.

10. Decks not exceeding 200 square feet (18.58 m2) inarea, that are not more than 30 inches (762 mm)above grade at any point, are not attached to adwelling and do not serve the exit door required bySection R311.4.

Electrical:

1. Listed cord-and-plug connected temporary decora-tive lighting.

2. Reinstallation of attachment plug receptacles but notthe outlets therefor.

3. Replacement of branch circuit overcurrent devicesof the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus orequipment operating at less than 25 volts and notcapable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement oflamps or the connection of approved portable elec-trical equipment to approved permanently installedreceptacles.

Gas:

1. Portable heating, cooking or clothes drying appli-ances.

2. Replacement of any minor part that does not alterapproval of equipment or make such equipmentunsafe.

3. Portable-fuel-cell appliances that are not connectedto a fixed piping system and are not interconnectedto a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot- or chilled-water piping within any heat-ing or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alterapproval of equipment or make such equipmentunsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10pounds (4.54 kg) or less of refrigerant or that areactuated by motors of 1 horsepower (746 W) or less.





8. Portable-fuel-cell appliances that are not connectedto a fixed piping system and are not interconnectedto a power grid.

The stopping of leaks in drains, water, soil, waste or ventpipe; provided, however, that if any concealed trap, drain-pipe, water, soil, waste or vent pipe becomes defective and itbecomes necessary to remove and replace the same with newmaterial, such work shall be considered as new work and apermit shall be obtained and inspection made as provided inthis code.

The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures, and the removal and reinstallation of waterclosets, provided such repairs do not involve or require thereplacement or rearrangement of valves, pipes or fixtures.

R105.2.1 Emergency repairs. Where equipment replace-ments and repairs must be performed in an emergency sit-uation, the permit application shall be submitted within thenext working business day to the building official.

R105.2.2 Repairs. Application or notice to the buildingofficial is not required for ordinary repairs to structures,replacement of lamps or the connection of approved porta-ble electrical equipment to approved permanently installedreceptacles. Such repairs shall not include the cuttingaway of any wall, partition or portion thereof, the removalor cutting of any structural beam or load-bearing support,or the removal or change of any required means of egress,or rearrangement of parts of a structure affecting theegress requirements; nor shall ordinary repairs includeaddition to, alteration of, replacement or relocation of anywater supply, sewer, drainage, drain leader, gas, soil,waste, vent or similar piping, electric wiring or mechanicalor other work affecting public health or general safety.

R105.2.3 Public service agencies. A permit shall not berequired for the installation, alteration or repair of genera-tion, transmission, distribution, metering or other relatedequipment that is under the ownership and control of pub-lic service agencies by established right.

R105.3 Application for permit. To obtain a permit, theapplicant shall first file an application therefor in writing on aform furnished by the department of building safety for thatpurpose. Such application shall:

1. Identify and describe the work to be covered by the per-mit for which application is made.

2. Describe the land on which the proposed work is to bedone by legal description, street address or similardescription that will readily identify and definitelylocate the proposed building or work.

3. Indicate the use and occupancy for which the proposedwork is intended.

4. Be accompanied by construction documents and otherinformation as required in Section R106.1.

5. State the valuation of the proposed work.

6. Be signed by the applicant or the applicant’s authorizedagent.

7. Give such other data and information as required by thebuilding official.

R105.3.1 Action on application. The building officialshall examine or cause to be examined applications forpermits and amendments thereto within a reasonable timeafter filing. If the application or the construction docu-ments do not conform to the requirements of pertinentlaws, the building official shall reject such application inwriting stating the reasons therefor. If the building officialis satisfied that the proposed work conforms to the require-ments of this code and laws and ordinances applicablethereto, the building official shall issue a permit thereforas soon as practicable.

R105.3.1.1 Determination of substantially improvedor substantially damaged existing buildings in floodhazard areas. For applications for reconstruction,rehabilitation, addition or other improvement of exist-ing buildings or structures located in a flood hazardarea as established by Table R301.2(1), the buildingofficial shall examine or cause to be examined the con-struction documents and shall prepare a finding withregard to the value of the proposed work. For buildingsthat have sustained damage of any origin, the value ofthe proposed work shall include the cost to repair thebuilding or structure to its predamaged condition. If thebuilding official finds that the value of proposed workequals or exceeds 50 percent of the market value of thebuilding or structure before the damage has occurred orthe improvement is started, the finding shall be pro-vided to the board of appeals for a determination ofsubstantial improvement or substantial damage. Appli-cations determined by the board of appeals to constitutesubstantial improvement or substantial damage shallrequire all existing portions of the entire building orstructure to meet the requirements of Section R322.

R105.3.2 Time limitation of application. An applicationfor a permit for any proposed work shall be deemed tohave been abandoned 180 days after the date of filingunless such application has been pursued in good faith or apermit has been issued; except that the building official isauthorized to grant one or more extensions of time foradditional periods not exceeding 180 days each. Theextension shall be requested in writing and justifiablecause demonstrated.

R105.4 Validity of permit. The issuance or granting of apermit shall not be construed to be a permit for, or anapproval of, any violation of any of the provisions of thiscode or of any other ordinance of the jurisdiction. Permitspresuming to give authority to violate or cancel the provi-sions of this code or other ordinances of the jurisdiction shallnot be valid. The issuance of a permit based on constructiondocuments and other data shall not prevent the building offi-cial from requiring the correction of errors in the constructiondocuments and other data. The building official is also autho-rized to prevent occupancy or use of a structure where in vio-lation of this code or of any other ordinances of thisjurisdiction.

R105.5 Expiration. Every permit issued shall becomeinvalid unless the work authorized by such permit is com-menced within 180 days after its issuance, or if the workauthorized by such permit is suspended or abandoned for a





period of 180 days after the time the work is commenced. Thebuilding official is authorized to grant, in writing, one ormore extensions of time, for periods not more than 180 dayseach. The extension shall be requested in writing and justifi-able cause demonstrated.

R105.6 Suspension or revocation. The building official isauthorized to suspend or revoke a permit issued under theprovisions of this code wherever the permit is issued in erroror on the basis of incorrect, inaccurate or incomplete informa-tion, or in violation of any ordinance or regulation or any ofthe provisions of this code.

R105.7 Placement of permit. The building permit or copythereof shall be kept on the site of the work until the comple-tion of the project.

R105.8 Responsibility. It shall be the duty of every personwho performs work for the installation or repair of building,structure, electrical, gas, mechanical or plumbing systems,for which this code is applicable, to comply with this code.

R105.9 Preliminary inspection. Before issuing a permit, thebuilding official is authorized to examine or cause to beexamined buildings, structures and sites for which an applica-tion has been filed.

SECTION R106CONSTRUCTION DOCUMENTS

R106.1 Submittal documents. Submittal documents consist-ing of construction documents, and other data shall be sub-mitted in two or more sets with each application for a permit.The construction documents shall be prepared by a registereddesign professional where required by the statutes of thejurisdiction in which the project is to be constructed. Wherespecial conditions exist, the building official is authorized torequire additional construction documents to be prepared by aregistered design professional.

Exception: The building official is authorized to waivethe submission of construction documents and other datanot required to be prepared by a registered design profes-sional if it is found that the nature of the work applied foris such that reviewing of construction documents is notnecessary to obtain compliance with this code.

R106.1.1 Information on construction documents. Con-struction documents shall be drawn upon suitable material.Electronic media documents are permitted to be submittedwhen approved by the building official. Construction doc-uments shall be of sufficient clarity to indicate the loca-tion, nature and extent of the work proposed and show indetail that it will conform to the provisions of this codeand relevant laws, ordinances, rules and regulations, asdetermined by the building official. Where required by thebuilding official, all braced wall lines, shall be identifiedon the construction documents and all pertinent informa-tion including, but not limited to, bracing methods, loca-tion and length of braced wall panels, foundationrequirements of braced wall panels at top and bottom shallbe provided.

R106.1.2 Manufacturer’s installation instructions.Manufacturer’s installation instructions, as required by

this code, shall be available on the job site at the time ofinspection.

R106.1.3 Information for construction in flood hazardareas. For buildings and structures located in whole or inpart in flood hazard areas as established by TableR301.2(1), construction documents shall include:

1. Delineation of flood hazard areas, floodway bound-aries and flood zones and the design flood elevation,as appropriate;

2. The elevation of the proposed lowest floor, includ-ing basement; in areas of shallow flooding (AOZones), the height of the proposed lowest floor,including basement, above the highest adjacentgrade;

3. The elevation of the bottom of the lowest horizontalstructural member in coastal high hazard areas (VZone); and

4. If design flood elevations are not included on thecommunity’s Flood Insurance Rate Map (FIRM),the building official and the applicant shall obtainand reasonably utilize any design flood elevationand floodway data available from other sources.

R106.2 Site plan or plot plan. The construction documentssubmitted with the application for permit shall be accompa-nied by a site plan showing the size and location of new con-struction and existing structures on the site and distances fromlot lines. In the case of demolition, the site plan shall show con-struction to be demolished and the location and size of existingstructures and construction that are to remain on the site orplot. The building official is authorized to waive or modifythe requirement for a site plan when the application for per-mit is for alteration or repair or when otherwise warranted.

R106.3 Examination of documents. The building officialshall examine or cause to be examined construction docu-ments for code compliance.

R106.3.1 Approval of construction documents. Whenthe building official issues a permit, the construction docu-ments shall be approved in writing or by a stamp whichstates “REVIEWED FOR CODE COMPLIANCE.” Oneset of construction documents so reviewed shall beretained by the building official. The other set shall bereturned to the applicant, shall be kept at the site of workand shall be open to inspection by the building official orhis or her authorized representative.

R106.3.2 Previous approvals. This code shall not requirechanges in the construction documents, construction ordesignated occupancy of a structure for which a lawfulpermit has been heretofore issued or otherwise lawfullyauthorized, and the construction of which has been pur-sued in good faith within 180 days after the effective dateof this code and has not been abandoned.

R106.3.3 Phased approval. The building official isauthorized to issue a permit for the construction of founda-tions or any other part of a building or structure before theconstruction documents for the whole building or structurehave been submitted, provided that adequate informationand detailed statements have been filed complying with





pertinent requirements of this code. The holder of suchpermit for the foundation or other parts of a building orstructure shall proceed at the holder’s own risk with thebuilding operation and without assurance that a permit forthe entire structure will be granted.

R106.4 Amended construction documents. Work shall beinstalled in accordance with the approved construction docu-ments, and any changes made during construction that are notin compliance with the approved construction documentsshall be resubmitted for approval as an amended set of con-struction documents.

R106.5 Retention of construction documents. One set ofapproved construction documents shall be retained by thebuilding official for a period of not less than 180 days fromdate of completion of the permitted work, or as required bystate or local laws.

SECTION R107TEMPORARY STRUCTURES AND USES

R107.1 General. The building official is authorized to issue apermit for temporary structures and temporary uses. Suchpermits shall be limited as to time of service, but shall not bepermitted for more than 180 days. The building official isauthorized to grant extensions for demonstrated cause.

R107.2 Conformance. Temporary structures and uses shallconform to the structural strength, fire safety, means ofegress, light, ventilation and sanitary requirements of thiscode as necessary to ensure the public health, safety and gen-eral welfare.

R107.3 Temporary power. The building official is autho-rized to give permission to temporarily supply and use powerin part of an electric installation before such installation hasbeen fully completed and the final certificate of completionhas been issued. The part covered by the temporary certificateshall comply with the requirements specified for temporarylighting, heat or power in NFPA 70.

R107.4 Termination of approval. The building official isauthorized to terminate such permit for a temporary structureor use and to order the temporary structure or use to be dis-continued.

SECTION R108FEES

R108.1 Payment of fees. A permit shall not be valid until thefees prescribed by law have been paid. Nor shall an amend-ment to a permit be released until the additional fee, if any,has been paid.

R108.2 Schedule of permit fees. On buildings, structures,electrical, gas, mechanical and plumbing systems or altera-tions requiring a permit, a fee for each permit shall be paid asrequired, in accordance with the schedule as established bythe applicable governing authority.

R108.3 Building permit valuations. Building permit valua-tion shall include total value of the work for which a permit isbeing issued, such as electrical, gas, mechanical, plumbing

equipment and other permanent systems, including materialsand labor.

R108.4 Related fees. The payment of the fee for the con-struction, alteration, removal or demolition for work done inconnection with or concurrently with the work authorized bya building permit shall not relieve the applicant or holder ofthe permit from the payment of other fees that are prescribedby law.

R108.5 Refunds. The building official is authorized to estab-lish a refund policy.

R108.6 Work commencing before permit issuance. Anyperson who commences work requiring a permit on a build-ing, structure, electrical, gas, mechanical or plumbing systembefore obtaining the necessary permits shall be subject to afee established by the applicable governing authority thatshall be in addition to the required permit fees.

SECTION R109INSPECTIONS

R109.1 Types of inspections. For onsite construction, fromtime to time the building official, upon notification from thepermit holder or his agent, shall make or cause to be madeany necessary inspections and shall either approve that por-tion of the construction as completed or shall notify the per-mit holder or his or her agent wherein the same fails tocomply with this code. The enforcing agency upon notifica-tion of the permit holder or their agent shall within a reason-able time make the inspections set forth in Sections R109.1.1,R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2,R109.1.5, R109.1.5.1, R109.1.5.2, R109.1.6, R109.1.6.1 andR109.1.6.2.

Note: Reinforcing steel or structural framework of any partof any building or structure shall not be covered or concealedwithout first obtaining the approval of the enforcing agency.

R109.1.1 Foundation inspection. Inspection of the foun-dation shall be made after poles or piers are set or trenchesor basement areas are excavated and any required formserected and any required reinforcing steel is in place andsupported prior to the placing of concrete. The foundationinspection shall include excavations for thickened slabsintended for the support of bearing walls, partitions, struc-tural supports, or equipment and special requirements forwood foundations. Materials for the foundation shall beon the job site except where concrete is ready-mixed inaccordance with ASTM C 94. Under this circumstance,concrete is not required to be at the job site.

R109.1.1.1 Concrete slab and under-floor inspection.Concrete slab and under-floor inspections shall bemade after in-slab or under-floor reinforcing steel andbuilding service equipment, conduits, piping or otherancillary building trade products or equipment areinstalled, but before any concrete is placed or floorsheathing is installed, including the subfloor.

R109.1.2 Plumbing, mechanical, gas and electrical sys-tems inspection. Rough inspection of plumbing, mechani-cal, gas and electrical systems shall be made prior to





covering or concealment, before fixtures or appliances areset or installed, and prior to framing inspection.

Exception: Backfilling of ground-source heat pumploop systems tested in accordance with SectionM2105.1 prior to inspection shall be permitted.

R109.1.3 Floodplain inspections. For construction inflood hazard areas as established by Table R301.2(1),upon placement of the lowest floor, including basement,and prior to further vertical construction, the building offi-cial shall require submission of documentation, preparedand sealed by a registered design professional, of the ele-vation of the lowest floor, including basement, required inSection R322.

R109.1.4 Frame and masonry inspection. Inspection offraming and masonry construction shall be made after theroof, masonry, all framing, firestopping, draftstopping andbracing are in place and after chimneys and vents to beconcealed are completed and the rough electrical, plumb-ing, heating, wires, pipes and ducts are approved.

R109.1.4.1 Moisture content verification. Moisturecontent of framing members shall be verified in accor-dance with the California Green Building StandardsCode, Chapter 4, Division 4.5.

R109.1.4.2 Lath and gypsum board inspection. Lathand gypsum board inspections shall be made after lath-ing and gypsum board, interior and exterior, is inplace, but before any plastering is applied or gypsumboard joints and fasteners are taped and finished.

R109.1.5 Other inspections. In addition to the calledinspections above, the building official may make orrequire any other inspections to ascertain compliance withthis code and other laws enforced by the building official.

R109.1.5.1 Fire-resistance-rated constructioninspection. Where fire-resistance-rated construction isrequired between dwelling units or due to location onproperty, the building official shall require an inspec-tion of such construction after all lathing and/or wall-board is in place, but before any plaster is applied, orbefore wallboard joints and fasteners are taped and fin-ished. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealedfrom view until inspected and approved.

R109.1.5.2 Special inspections. For special inspec-tions, see California Building Code, Chapter 17.

R109.1.6 Final inspection. Final inspection shall be madeafter the permitted work is complete and prior to occu-pancy.

R109.1.6.1 Elevation documentation. If located in aflood hazard area, the documentation of elevationsrequired in Section R322.1.10 shall be submitted to thebuilding official prior to the final inspection.

R109.1.6.2 Operation and maintenance manual. Atthe time of final inspection, a manual, compact disc,web-based reference or other media acceptable to theenforcing agency shall be placed in the building inaccordance with the California Green Building Stan-dards Code, Chapter 4, Division 4.4.

R109.2 Inspection agencies. The building official is autho-rized to accept reports of approved agencies, provided suchagencies satisfy the requirements as to qualifications andreliability.

R109.3 Inspection requests. It shall be the duty of the permitholder or their agent to notify the building official that suchwork is ready for inspection. It shall be the duty of the personrequesting any inspections required by this code to provideaccess to and means for inspection of such work.

R109.4 Approval required. Work shall not be done beyondthe point indicated in each successive inspection without firstobtaining the approval of the building official. The buildingofficial upon notification, shall make the requested inspec-tions and shall either indicate the portion of the constructionthat is satisfactory as completed, or shall notify the permitholder or an agent of the permit holder wherein the same failsto comply with this code. Any portions that do not complyshall be corrected and such portion shall not be covered orconcealed until authorized by the building official.

SECTION R110CERTIFICATE OF OCCUPANCY

R110.1 Use and occupancy. No building or structure shallbe used or occupied, and no change in the existing occupancyclassification of a building or structure or portion thereofshall be made until the building official has issued a certifi-cate of occupancy therefor as provided herein. Issuance of acertificate of occupancy shall not be construed as an approvalof a violation of the provisions of this code or of other ordi-nances of the jurisdiction. Certificates presuming to giveauthority to violate or cancel the provisions of this code orother ordinances of the jurisdiction shall not be valid.

Exceptions:

1. Certificates of occupancy are not required for workexempt from permits under Section R105.2.

2. Accessory buildings or structures.

R110.2 Change in use. Changes in the character or use of anexisting structure shall not be made except as specified inSections 3408 and 3409 of the California Building Code.

R110.3 Certificate issued. After the building officialinspects the building or structure and finds no violations ofthe provisions of this code or other laws that are enforced bythe department of building safety, the building official shallissue a certificate of occupancy which shall contain the fol-lowing:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for whichthe certificate is issued.

5. A statement that the described portion of the structurehas been inspected for compliance with the require-ments of this code.

6. The name of the building official.





7. The edition of the code under which the permit wasissued.

8. If an automatic sprinkler system is provided andwhether the sprinkler system is required.

9. Any special stipulations and conditions of the buildingpermit.

R110.4 Temporary occupancy. The building official isauthorized to issue a temporary certificate of occupancybefore the completion of the entire work covered by the per-mit, provided that such portion or portions shall be occupiedsafely. The building official shall set a time period duringwhich the temporary certificate of occupancy is valid.

R110.5 Revocation. The building official shall, in writing,suspend or revoke a certificate of occupancy issued under theprovisions of this code wherever the certificate is issued inerror, or on the basis of incorrect information supplied, orwhere it is determined that the building or structure or portionthereof is in violation of any ordinance or regulation or any ofthe provisions of this code.

SECTION R111SERVICE UTILITIES

R111.1 Connection of service utilities. No person shallmake connections from a utility, source of energy, fuel orpower to any building or system that is regulated by this codefor which a permit is required, until approved by the buildingofficial.

R111.2 Temporary connection. The building official shallhave the authority to authorize and approve the temporaryconnection of the building or system to the utility, source ofenergy, fuel or power.

R111.3 Authority to disconnect service utilities. The build-ing official shall have the authority to authorize disconnec-tion of utility service to the building, structure or systemregulated by this code and the referenced codes and standardsset forth in Section R102.4 in case of emergency where nec-essary to eliminate an immediate hazard to life or property orwhen such utility connection has been made without theapproval required by Section R111.1 or R111.2. The buildingofficial shall notify the serving utility and whenever possiblethe owner and occupant of the building, structure or servicesystem of the decision to disconnect prior to taking suchaction if not notified prior to disconnection. The owner oroccupant of the building, structure or service system shall benotified in writing as soon as practical thereafter.

SECTION R112BOARD OF APPEALS

R112.1 General. In order to hear and decide appeals oforders, decisions or determinations made by the building offi-cial relative to the application and interpretation of this code,there shall be and is hereby created a board of appeals. Thebuilding official shall be an ex officio member of said boardbut shall have no vote on any matter before the board. Theboard of appeals shall be appointed by the governing bodyand shall hold office at its pleasure. The board shall adopt

rules of procedure for conducting its business, and shall ren-der all decisions and findings in writing to the appellant witha duplicate copy to the building official.

R112.2 Limitations on authority. An application for appealshall be based on a claim that the true intent of this code orthe rules legally adopted thereunder have been incorrectlyinterpreted, the provisions of this code do not fully apply, oran equally good or better form of construction is proposed.The board shall have no authority to waive requirements ofthis code.

R112.2.1 Determination of substantial improvement inflood hazard areas. When the building official provides afinding required in Section R105.3.1.1, the board ofappeals shall determine whether the value of the proposedwork constitutes a substantial improvement. A substantialimprovement means any repair, reconstruction, rehabilita-tion, addition or improvement of a building or structure,the cost of which equals or exceeds 50 percent of the mar-ket value of the building or structure before the improve-ment or repair is started. If the building or structure hassustained substantial damage, all repairs are consideredsubstantial improvement regardless of the actual repairwork performed. The term does not include:

1. Improvements of a building or structure required tocorrect existing health, sanitary or safety code viola-tions identified by the building official and whichare the minimum necessary to assure safe livingconditions; or

2. Any alteration of an historic building or structure,provided that the alteration will not preclude thecontinued designation as an historic building orstructure. For the purpose of this exclusion, an his-toric building is:

2.1. Listed or preliminarily determined to be eli-gible for listing in the National Register ofHistoric Places; or

2.2. Determined by the Secretary of the U.S.Department of Interior as contributing to thehistorical significance of a registered historicdistrict or a district preliminarily determinedto qualify as an historic district; or

2.3. Designated as historic under a state or localhistoric preservation program that isapproved by the Department of Interior.

R112.2.2 Criteria for issuance of a variance for floodhazard areas. A variance shall be issued only upon:

1. A showing of good and sufficient cause that theunique characteristics of the size, configuration ortopography of the site render the elevation standardsin Section R322 inappropriate.

2. A determination that failure to grant the variancewould result in exceptional hardship by renderingthe lot undevelopable.

3. A determination that the granting of a variance willnot result in increased flood heights, additionalthreats to public safety, extraordinary public





expense, cause fraud on or victimization of the pub-lic, or conflict with existing local laws or ordi-nances.

4. A determination that the variance is the minimumnecessary to afford relief, considering the flood haz-ard.

5. Submission to the applicant of written notice speci-fying the difference between the design flood eleva-tion and the elevation to which the building is to bebuilt, stating that the cost of flood insurance will becommensurate with the increased risk resulting fromthe reduced floor elevation, and stating that con-struction below the design flood elevation increasesrisks to life and property.

R112.3 Qualifications. The board of appeals shall consist ofmembers who are qualified by experience and training to passon matters pertaining to building construction and are notemployees of the jurisdiction.

R112.4 Administration. The building official shall takeimmediate action in accordance with the decision of theboard.

SECTION R113VIOLATIONS

R113.1 Unlawful acts. It shall be unlawful for any person,firm or corporation to erect, construct, alter, extend, repair,move, remove, demolish or occupy any building, structure orequipment regulated by this code, or cause same to be done,in conflict with or in violation of any of the provisions of thiscode.

R113.2 Notice of violation. The building official is autho-rized to serve a notice of violation or order on the personresponsible for the erection, construction, alteration, exten-sion, repair, moving, removal, demolition or occupancy of abuilding or structure in violation of the provisions of thiscode, or in violation of a detail statement or a plan approvedthereunder, or in violation of a permit or certificate issuedunder the provisions of this code. Such order shall direct thediscontinuance of the illegal action or condition and theabatement of the violation.

R113.3 Prosecution of violation. If the notice of violation isnot complied with in the time prescribed by such notice, thebuilding official is authorized to request the legal counsel ofthe jurisdiction to institute the appropriate proceeding at lawor in equity to restrain, correct or abate such violation, or torequire the removal or termination of the unlawful occupancyof the building or structure in violation of the provisions ofthis code or of the order or direction made pursuant thereto.

R113.4 Violation penalties. Any person who violates a pro-vision of this code or fails to comply with any of the require-ments thereof or who erects, constructs, alters or repairs abuilding or structure in violation of the approved construction

documents or directive of the building official, or of a permitor certificate issued under the provisions of this code, shall besubject to penalties as prescribed by law.

SECTION R114STOP WORK ORDER

R114.1 Notice to owner. Upon notice from the building offi-cial that work on any building or structure is being prosecutedcontrary to the provisions of this code or in an unsafe anddangerous manner, such work shall be immediately stopped.The stop work order shall be in writing and shall be given tothe owner of the property involved, or to the owner’s agent orto the person doing the work and shall state the conditionsunder which work will be permitted to resume.

R114.2 Unlawful continuance. Any person who shall con-tinue any work in or about the structure after having beenserved with a stop work order, except such work as that per-son is directed to perform to remove a violation or unsafecondition, shall be subject to penalties as prescribed by law.



Documents

CALIFORNIA RESIDENTIAL CODE – MATRIX ADOPTION TABLE ...13939johnsonroad.info/codes/Chapter 1 - Scope and Application.pdf · Building Code) Barns Carports Fences more than 6 feet