General code provisions



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CALIFORNIA CHAPTER 1

GENERAL CODE PROVISIONS

2001 CBC


Proposed adoption

DSA/AC

Comments




Adopt entire chapter without amendments







X

Adopt entire chapter with amendments listed below










Adopt only those sections listed below

X




101.1 CA paragraph 2

101.1 CA

X

Relocated from 2001 CBC 101.1 (Title, 2nd paragraph), deleted, renumbered & adopted as new 101.1 (Title) CA provision.


101.2 CA

101.2 CA

X

Relocated from 2001 CBC 101.2 (Purpose), paragraphs #1, #2, & #3 deleted, renumbered & adopted as new 101.2 (Purpose) CA provision adopted and further amended to include 2001 paragraph #4 for barrier-free design.

101.3 (last sentence)

101.3 CA

X

Deleted the last sentence from 2001 CBC 101.3 (Scope) and adopt a new 101.3 (Scope) CA provision.

101.3.1 w/o Note CA

101.3 Exception



101.17

101.3.1 CA

X

Relocated from 2001 CBC 101.3.1 (w/o Note) (Exception is moved to new 101.3.2 #4) & relocated from 2001 CBC 101.17 (Application) & deleted, and all renumbered & adopted as new 101.3.1 (Non State Regulated Buildings, Structures, and Applications w/Exception) CA provision.




101.3.2 CA

X

Section 101.3.2 is a new adoption with #1, #2, #3 & #4. Item #4 is relocated from 2001 CBC 101.3.1 Exception and further amended by including existing provisions for outdoor environments.





101.4 CA

X

New 101.4 (Appendices) CA provision adopted.

101.7 CA

101.5 CA

X

Relocated from 2001 CBC 101.7 (Standard Reference Documents), deleted, renumbered & adopted as new 101.5 (Referenced codes) CA provision.

101.8 CA

101.6 CA

X

Relocated from 2001 CBC 101.8 (Non-building Regulations), deleted, renumbered & adopted as new 101.6 (Non-Building Standards, Orders and Regulations) CA provision.


101.9 CA


101.7 CA


X

Relocated from 2001 CBC 101.9 (Order of Precedence), deleted, renumbered & adopted as new 101.7 (Order of Precedence and Use) CA provision.

101.9.1 CA

101.7.1 CA

X

Relocated from 2001 CBC 101.9.1 (General) amended and renumbered & adopted as new 101.7.1 (General) CA provision.


101.9.2 CA







2001 CBC 101.9.2 (Fire Codes) is deleted




108 CA

X

Adopt new 101.8 (City, County, or City and County Amendments, Additions or Deletions) CA provision.




108.1 CA

X

Adopt new 108.1 (Findings and Filings) CA provisions

101.4 -- 101.4.1 CA

101.9 CA

X

Relocated from 2001 CBC 101.4—101.4.1 (Effective Date) deleted, renumbered & adopted as new 101.9 (Effective Date of this Code) CA provision.

101.16 CA

101.10 CA

X

Relocated from 2001 CBC 101.16 (Availability of Code.), deleted, renumbered & adopted as new 101.10 (Availability of Codes) CA provisions.

101.5 CA

101.11 CA


X

Relocated from 2001 CBC 101.5 (Format), deleted, renumbered & adopted as new 101.11 (Format) CA provision.

101.6 CA

101.12 CA

X

Relocated from 2001 CBC 101.6 (Application), deleted, renumbered & adopted as new 101.12 (Validity) CA provisions.




109 CA

X

Adopt new 109 (Division of the State Architect) CA provision

101.17.11

109.1 CA

X

Relocated from 2001 CBC 101.17.11 (DSA—Access Compliance, Division of the State Architect), renumbered as 109.1 thru 109.1.5 (Division of the State Architect/Access Compliance) and further amended. 109.1 address General provision and Authority & Reference Citations.

101.17.11

109.1.1 CA

X

109.1.1 (Application) addresses publicly funded buildings, structures, sidewalks, curbs & related facilities to be accessible to and usable by persons with disabilities.

101.17.11




109.1.1.1 CA


X

109.1.1.1 (Application) addresses all buildings, structures, sidewalks, curbs and related facilities

101.17.11

109.1.1.2 CA

X

109.1.2.3 (Application) addresses all curb or sidewalk for public use

101.17.11

109.1.1.3 CA

X

109.1.2.3 (Application) addresses congregate residences or one- or two-family dwelling unit for all publicly funded buildings

101.17.11

109.1.1.4 CA

X

109.1.1.4 (Application) addresses alterations, structural repairs or additions made to existing publicly funded buildings & facilities

101.17.11

109.1.1.5 CA

X

109.1.1.5 (Application) addresses when a building permit is not required.

101.17.11


109.1.2 CA

X

109.1.2. (Application) addresses accessible to persons with physical disabilities in all privately funded public accommodations & commercial facilities.

101.17.11

109.1.2.1 CA

X

109.1.2.1 (Application) addresses use by the general public in any building, structure, facility, complex, or improved area.

101.17.11

109.1.2.2 CA

X

109.1.2.2 (Application) sanitary facilities available for public, clients or employees.

101.17.11

109.1.2.3 CA

X

109.1.2.3 (Application) addresses public use curb or sidewalk constructed with private funds.

101.17.11

109.1.2.3 CA

X

109.1.2.4 (Application) addresses alterations, structural repairs or additions made to existing privately funded public accommodations.


101.17.11

109.1.3 CA

X

109.1.3 (Application) addresses Public Housing and Private Housing Available for Public Use

101.17.11

109.1.4 CA

X

109.1.4 (Enforcing Agency)

101.17.11

109.1.4.1 CA

X

109.1.4.1 (Application) addresses application of the director of General Services as enforcing agency.

101.17.11

109.1.4.2 CA

X

109.1.4.2 (Application) addresses governing bodies as enforcing agency.

101.17.11

109.1.4.3 CA

X

109.1.4.3 (Application) addresses building departments as enforcing agency.

101.17.11


109.1.5 CA

X

109.1.5 (Special Conditions for Person with Disabilities Requiring Appeals Action Ratification)

Authority Cited – GC§ 4450.

Reference – GC §§ 4450 through 4461, 12955.1(d) and H&SC§§ 18949.1, 19952 through 19959.


SECTION 101

GENERAL
101.1 Title. These regulations shall be known as the California Building Code, may be cited as such and will be referred to herein as “this code.” The California Building Code is part 2 of eleven parts of the official compilation and publication of the adoptions, amendment, and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2006 International Building Code of the International Code Council with necessary California amendments.


(Relocated from 2001 CBC 101.1 Title 2nd Paragraph)

[For DSA/AC] For the State of California, these regulations shall be known as the California Building Code. The provisions contained in the California Building Code of the (compiled) California Building Standards Code as defined in Section 18910, Health and Safety Code, may be cited as such and are referred to hereafter as “these Regulations” or “these building standards” or “this code.”

101.2 Purpose The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation, energy conservation, safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

(Relocated from 2001 CBC 101.2 Purpose)

101.2 Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein.
The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

[For DSA/AC] This language is not adopted by DSA/AC.
[For DSA/AC] For applications listed in Section 109.1 regulated by the Division of the State Architect Access Compliance, the The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other developments to which this code applies and to ensure that they are accessible to and usable by persons with disabilities.
101.3 Scope. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings structures throughout the State of California.
(Relocated from 2001 CBC 101.3 Scope)

101.3 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition. . .


{For DSA/AC} This language is not adopted by DSA/AC.
101.3.1 Non State Regulated Buildings, Structures, and Applications. The provisions in Chapters 2 through 34 of the 2006 International Building Code of the International Code Council contained or referenced in this code shall apply to all occupancies and applications not regulated by a state agency,
Exception: Local Modifications complying with Health and Safety Code section 18938 (b) for Building Standards Law and section 17950 for State Housing Law. See section 101.7.

(Relocated from 2001 CBC 101.3.1 & 101.17 Application)

101.3.1 [For DSA/AC] The provisions of the model codes which are adopted by these regulations are applicable to all occupancy group and uses regulated by this code. The amendments to the model codes are applicable only to those occupancies or uses which the state agency adopting the amendments is authorized to regulate as listed in Section 101.17.
101.17 Application.

Vesting Authority. When adopted by a state agency, the provision of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the State Legislature.
Following is a list of the state agencies that adopt building standards, the specific scope of application of the agency responsible for enforcement, and the specific statutory authority of each agency to adopt and enforce such provisions of building standards of this code, unless otherwise stated.

101.3.2 State Regulated Buildings, Structures, and Applications. The model code provisions, and amendments to them, and/or provisions where there are not relevant model code provisions shall apply to the following buildings or structures regulated by state agencies as referenced in the Matrix Adoption Tables and as specified in Sections 102 through 113. When adopted by a state agency, the provisions of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the State Legislature.

Note: See Legend to distinguish the model code provisions from the California provisions.
State owned buildings including buildings constructed by the Trustees of the California State University, and to the extent permitted by California laws, buildings designed and constructed by the Regents of the University of California regulated by the Building Standards Commission. See Section 102 for additional scope provisions.
Local detention facilities regulated by the Board of Correction. See Section 103 for additional scope provisions.
Barber shops, schools of cosmetology and electrology, acupuncture offices, pharmacies, veterinary facilities, structural pest controls regulated by the Department of Consumer Affairs. See Section 104 for additional scope provisions.
Energy efficiency standards regulated by the California Energy Commission. See Section 105 for additional scope provisions.
Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 106
Organized camps, laboratory animal quarters, public swimming pools, radiation protection, commissaries serving mobile food preparation vehicles, and wild animal quarantine facilities regulated by the Department of Health Services. See Section 107 ….

Hotels, motels, lodging houses, apartment houses, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory built housing, other types of dwellings containing sleeping accommodations with common toilets or cooking facilities. See Section 108

Accommodations for persons with disabilities in buildings containing newly constructed covered multifamily dwellings, new common use spaces serving existing covered multifamily dwellings, additions to existing buildings where the addition alone meets the definition of a covered multifamily dwelling, and common-use spaces serving covered multifamily dwellings which are regulated by Department of Housing and Community Development. See Section 108
Permanent buildings and permanent accessory buildings or structures constructed within mobile home parks and special occupancy parks regulated by the Department of Housing and Community Development. See Section 108.

Public accommodations; publicly funded buildings, structures, sidewalks, curbs and related facilities; buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political subdivision of the state; buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal county, or state division of government, or by a special district; publicly funded buildings used for congregate residences or for one- or two-family dwelling unit purposes shall conform to the provisions applicable to living accommodations; existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities; privately funded public accommodations and commercial facilities; building, structure, facility, complex, or improved area, or portions thereof, which are used by the general public; sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities; curb or sidewalk intended for public use that is constructed in this state with private funds; existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations; public housing and private housing available for public use; for persons with disabilities regulated by the Division of the State Architect/Access Compliance. See Section 109.1 for additional scope provisions.

Public elementary and secondary schools, community college buildings, and state-owned or state-leased essential service buildings regulated by the Division of the State Architect. See Section 109.2 for additional scope provisions
Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Code Advisory Board with the Division of the State Architect. See Section 109.3 for additional scope provisions.
General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Health Services, and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 110 for additional scope provisions.

  1. Any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution , school or any similar occupancy of any capacity, any theater, dancehall, skating rink, auditorium, assembly hall, meeting hall, nightclub, fair building. or similar place of assemblage where 50 or more persons may gather together in a building, room or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education, small family day care homes, large family day-care homes, residential facilities and residential facilities for the elderly, any state institution or other state-owned or state-occupied buildings, high rise structures, motion picture production studios, organized camps , hotels, motels, lodging houses, apartment houses, dwellings … regulated by the Office of State Fire Marshal. See Section 111 for additional scope provisions.





  1. Public libraries constructed and renovated using funds from the California Library Construction and Renovation Act of 1988 regulated by the State Librarian. See Section 112 for additional scope provisions.




  1. Grey water systems regulated by the Department of Water Resources. See Section 113 for additional scope provisions.




  1. (Relocated from 2001 CBC 101.3 Exception) [For DSA/AC] EXCEPTION: For applications listed in 109.1 regulated by the Division of the State Architect Access Compliance outdoor Outdoor environments and uses shall be classified according to accessibility uses described in Chapters 11A, 11B and 11C, and life safety concerns.


101.4 Appendices. Provisions contained in the appendices of this Code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety Code section 18938(b) for Building Standards Law and Health and Safety Code section 17950 for State Housing Law. See section 101.7.
101.5 (Relocated from 2001 CBC 101.7)

Referenced codes. The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard referenced documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized engineering practices shall be employed.

101.7 Standard Reference Documents. The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard referenced documents of this code.

When this code does not specifically cover any subject relating to building design and construction, recognized fire-prevention engineering practices shall be employed. The National Fire Codes and Fire Protection Handbook of the National Fire Protection association may be used as authoritative guides in determining recognized fire-prevention engineering practices.
101.6 (Relocated from 2001 CBC 101.8)

Non-Building Standards, Orders and Regulations. Requirements contained in the International Building Code, or in any other referenced standard, code or document, which are not building standards as defined in Section 18909, Health and Safety Code, shall not be construed as part of the provisions of this code. For non-building standards, orders, and regulations, see other titles of the California Code of Regulations.
101.8 Non building Regulations. Requirements contained in the UBC, or in any other referenced standard, code or document, which are not building standards as defined in Section 18909, Health and Safety Code, shall not be construed as part of the provisions of this code.

For the applicability of regulations relating to maintenance, operation, use, limitations or prohibitations, and similar non building regulations, see other titles of the California Code of Regulations.

101.7 (Relocated from 2001 CBC 101.9)


Order of Precedence and Use
(Relocated from 2001 CBC 101.9.1)

101.7.1 General. In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern. Where a specific provision varies from a general provision, the specific provisions shall apply.
(Relocated from 2001 CBC 101.9.2)

101.9.2 Fire Codes. Nothing in these building standards shall diminish the requirements of the state fire marshal.
101.8 City, County, or City and County Amendments, Additions or Deletions

The provisions of this code do not limit the authority of city, county, or city and county governments from establishing more restrictive reasonably necessary differences to the provisions contained in this code pursuant to complying with the section 101.8.1. The effective date of amendments, additions, or deletions to this Code of cities, counties, or city and counties file pursuant to section 101.8.1shall be the date filed. However, in no case shall the amendments, additions or deletions to this Code be effective any sooner than the effective date of this Code.
101.8.1 Findings and Filings.

1. The city, county, or city and county shall make express finding for each amendment, addition or deletion based upon climatic, topographical, or geological conditions.

Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings.

1. The city, county or city and county shall file the amendments, additions, deletions expressly marked and identified as to the applicable findings. City, county, city and county, and fire departments shall file the amendments, additions or deletions, and the findings with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.
2. Findings prepared by fire protection districts shall be ratified by the local the city, county, or city and county and filed with the California Department of Housing and Community Development at 1800 3rd Street, Room 260, Sacramento, CA 95814.
101.9 Effective Date of this Code. Only those standards approved by the California Building Standards Commission and that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code see the History Note page of this code.
(Relocated from 2001 CBC 101.4)

101.4 [For DSA/AC] Effective Date.

(Relocated from 2001 CBC 101.4.1)

101.4.1 {For DSA/AC] One hundred and eighty days after the date of publication, or as otherwise noted herein.
NOTE: For clarification purpose, the applicable sections of the Health and Safety Codes are repeated here for clarity and read as follows:

Section 18938. Application ad Effective Date. The building standards contained in the Uniform Fire Code, of the International Conference of Building Officials and the Western Fire Chiefs Association, Inc., the Uniform Building …

(Relocated from 2001 CBC 101.16)

101.10 Availability of Codes. At least one copy of the entire Title 24, 8, 19, 20, and 25 with all revisions shall be maintained in the office of the building official responsible for the administration an enforcement of this Code. See Health and Safety Code Section 18942 (d) (1) & (2).
101.16 Availability of Code. For clarification purposes, the applicable section of the Health and Safety Code is repeated here for clarity and reads as follows:
Section 18942. (d) (1) Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other state regulations relating to buildings published in Title 8, 19, 20, 24 and 25 of the California Code of Regulations. These codes shall be maintained in the office of the building official responsible for the administration and enforcement of this part.
(1) This subdivision shall not apply to any city or county which contracts for the administration and enforcement of the provisions of this part with another local government agency that complies with this section.
(Relocated from 2001 CBC 101.5)

101.11 Format. This part fundamentally adopts the International Building Code by reference on a chapter-by-chapter basis. Such adoption is reflected in the Matrix Adoption Table of each chapter of this part. When the Matrix Adoption Tables make no reference to a specific chapter of the International Building Code, such chapter of the International Building Code is not adopted as a portion of this code.


101.5 Format. This part fundamentally adopts the UBC by reference on a chapter-by-chapter basis. Such adoption is reflected in the adoption table of each chapter of this part. When the adoption table of a chapter of this part makes no reference to a specific chapter of the UBC, such chapter of the UBC is not adopted as a portion of this code.
(Relocated from 2001 CBC 101.6)

101.12 Validity. If any chapter section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.
(Relocated from 2001 CBC 101.17)

101.17 Application.

Vesting Authority. When adopted by a state agency, the provision of this code shall be enforced by the appropriate enforcing agency, but only to the extent of authority granted to such agency by the State Legislature.

Following is a list of the state agencies that adopt building standards, the specific scope of application of the agency responsible for enforcement, and the specific statutory authority of each agency to adopt and enforce such provisions of building standards of this code, unless otherwise stated.
SECTION 109

DIVISION OF THE STATE ARCHITECT

109.1 Division of the State Architect/Access Compliance.

(Relocated from 2001 CBC 101.17.11)

General. The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other improvements to which this code applies in compliance with state law to ensure assure that these improvements are accessible to and usable by persons with disabilities. Additions, alterations and structural repairs in all buildings and facilities shall comply with these provisions for new buildings, except as otherwise provided and specified herein.
The provisions of these regulations shall apply to any portable buildings leased or owned by a school district, and shall also apply to temporary and emergency buildings and facilities.
Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered include, but are not limited to: reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary safe pedestrian passageways around a construction site.

In addition, to incorporate standards at least as restrictive as those required by the federal government for barrier-free design under (1) Title III (Public Accommodations and Commercial Facilities), Subpart D (New Construction and Alteration) and Appendix A (Americans with Disabilities Act Accessibility Guidelines) (Standards for Accessible Design) (see 28 C.F.R., Part 36), and (2) Title II (Public Entities), Section 35.151 (New Construction and Alterations) (see 28 C.F.R., Part 35) both from the Americans with Disabilities Act of 1990, and (3) under the Fair Housing Amendments of 1988. Some of these regulations may be more stringent than state law in order to meet the federal requirement.

Authority Cited – (Relocated from 2001 CBC 101.17.11)

Government Code Section 4450.

Reference – (Relocated from 2001 CBC 101.17.11)

Government Code Sections 4450 through 4460 4461, 12955.1(d) and Health and Safety Code Sections 18949.1, 19952 through 19959.
109.1._1._Application_.'>109.1.1. Application. Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
Note: See Government Code commencing with Section 4450.
109.1.1.1 All buildings, structures, sidewalks, curbs and related facilities constructed in the state by the use of state, county or municipal funds, or the funds of any political subdivision of the state.
109.1.1.2 All buildings, structures and facilities that are leased, rented, contracted, sublet or hired by any municipal county, or state division of government, or by a special district.
109.1.1.3 All publicly funded buildings used for congregate residences or for one- or two-family dwelling unit purposes shall conform to the provisions applicable to living accommodations.

109.1.1.4 All existing publicly funded buildings and facilities when alterations, structural repairs or additions are made to such buildings or facilities. For detailed requirements on existing buildings, see Chapter 11B, Division IV.

109.1.1.5 With respect to buildings, structures, sidewalks, curbs and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Government Code Section 4450, and in effect at the time construction is commenced, shall be applicable.

109.1.2. Application. All privately funded public accommodations, as defined, and commercial facilities, as defined, shall be accessible to persons with physical disabilities as follow
: dsa -> access
access -> Ada chapter (end strikeout) (begin underline) division (end underline) 1: application and administration 11B-101 Purpose
access -> Regarding proposed changes to the california building code california code of regulations, title
access -> Intervening code cycle legend for express terms
dsa -> Review Questions for In the Time of the Butterflies Please complete a short response to each question Hand written or typed, due December 10th
dsa -> E-news january 11, 2007 Happy New Year to all our Family and Friends
access -> Division of the State Architect and Department of Rehabilitation
access -> Proposed building standards
access -> Regarding proposed changes to the california building code california code of regulations, title
access -> Ada chapter division 1: application and administration 11B-101 Purpose


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