Regarding proposed changes to the california building code california code of regulations, title



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STATE OF CALIFORNIA

BUILDING STANDARDS COMMISSION


FINAL EXPRESS TERMS

FOR

PROPOSED BUILDING STANDARDS

OF THE

DIVISION OF THE STATE ARCHITECT (DSA-AC)
REGARDING PROPOSED CHANGES TO

THE CALIFORNIA BUILDING CODE

CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2
2016 CALIFORNIA BUILDING CODE

TRIENNIAL CODE CYCLE



LEGEND FOR FINAL EXPRESS TERMS (combination of First 45-Day, Second 45-Day, and 15-Day changes)


  1. For First 45-Day, Second 45-Day, and 15-Day changes, existing California amendments or code language being modified appears in italics, with modified language underlined.




  1. For First 45-Day, Second 45-Day, and 15-Day changes, repealed text appears in strikeout.






FINAL EXPRESS TERMS


CHAPTER 1

SCOPE AND ADMINISTRATION

DIVISION I

CALIFORNIA ADMINISTRATION


DSA-AC proposes to carry forward its adoption of existing California amendments in Chapter 1, Division I, from the 2013 CA Building Code into the 2016 CA Building Code, with further amendment as indicated.



ITEM 1.1.00

CHAPTER 1, DIVISION I – MATRIX ADOPTION TABLE


Adopting Agency

DSA-AC

Adopt entire California Chapter




Adopt entire California Chapter as amended (amended Sections listed below)




Adopt only those Sections that are listed below

X

Chapter / Section







1.1




X

1.2.2




X

1.9.1 – 1.9.1.8


X



ITEM 1.1.01



SECTION 1.1

GENERAL
1.1.1 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 twelve parts of the official compilation and publication of the adoption, 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 2012 2015 International Building Code of the International Code Council with necessary California amendments.
1.1.2 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 and 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.

1.1.3 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 or structures throughout the State of California.

1.1.3.1 Nonstate-regulated buildings, structures and applications. Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10 and 11 shall apply to all occupancies and applications not regulated by a state agency.
1.1.3.2 State-regulated buildings, structures and applications. The model code, state amendments to the model code, and/or state amendments where there are no relevant model code provisions shall apply to the following buildings, structures, and applications regulated by state agencies as specified in Sections 1.2 through 1.14, except where modified by local ordinance pursuant to Section 1.1.8. 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 Preface to distinguish the model code provisions from the California provisions.


  1. 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, and regulated by the Building Standards Commission. See Section 1.2 for additional scope provisions.



  1. Local detention facilities regulated by the Corrections Standards Authority. See Section 1.3 for additional scope provisions.





  1. Barbering, cosmetology or electrolysis establishments, acupuncture offices, pharmacies, veterinary facilities and structural pest control locations regulated by the Department of Consumer Affairs. See Section 1.4 for additional scope provisions.




  1. Energy efficiency standards regulated by the California Energy Commission. See Section 1.5 for additional scope provisions.




  1. Dairies and places of meat inspection regulated by the Department of Food and Agriculture. See Section 1.6 for additional scope provisions.




  1. 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 Public Health. See Section 1.7 for additional scope provisions.




  1. Hotels, motels, lodging houses, apartment houses, dwellings, dormitories, condominiums, shelters for homeless persons, congregate residences, employee housing, factory-built housing and other types of dwellings containing sleeping accommodations with or without common toilets or cooking facilities. See Section 1.8.2.1.1 for additional scope provisions.



  1. 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 "COVERED MULTIFAMILY DWELLINGS," and common-use spaces serving covered multifamily dwellings which are regulated by the Department of Housing and Community Development. See Section 1.8.2.1.2 for additional scope provisions.





  1. 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 1.8.2.1.3 for additional scope provisions.




  1. Accommodations for persons with disabilities regulated by the Division of the State Architect. See Section 1.9.1 for additional scope provisions.




  1. 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 1.9.2 for additional scope provisions.




  1. Qualified historical buildings and structures and their associated sites regulated by the State Historical Building Safety Board with the Division of the State Architect. See Section 1.9.3 for additional scope provisions.




  1. General acute care hospitals, acute psychiatric hospitals, skilled nursing and/or intermediate care facilities, clinics licensed by the Department of Public Health and correctional treatment centers regulated by the Office of Statewide Health Planning and Development. See Section 1.10 for additional scope provisions.




  1. Applications regulated by the Office of State Fire Marshal include but are not limited to the following in accordance with Section 1.11.

14.1. Buildings or structures used or intended for use as an:



      1. Asylum, jail, prison




      1. Mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution, school or any similar occupancy of any capacity




      1. 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




      1. Small family day care homes, large family day-care homes, residential facilities and residential facilities for the elderly, residential care facilities




      1. State institutions or other state-owned or state-occupied buildings




      1. High rise structures




      1. Motion picture production studios




      1. Organized camps




      1. Residential structures


14.2. Tents, awnings or other fabric enclosures used in connection with any occupancy

14.3. Fire alarm devices, equipment and systems in connection with any occupancy

14.4. Hazardous materials, flammable and combustible liquids
14.5. Public school automatic fire detection, alarm, and sprinkler systems
14.6. Wildland-urban interface fire areas


  1. Public libraries constructed and renovated using funds from the California Library Construction and Renovation Bond Act of 1988 and regulated by the State Librarian. See Section 1.12 for additional scope provisions.




  1. Graywater systems regulated by the Department of Water Resources. See Section 1.13 for additional scope provisions.




  1. For applications listed in Section 1.9.1 regulated by the Division of the State Architect – Access Compliance, outdoor environments and uses shall be classified according to accessibility uses described in Chapters Chapter 11B.




  1. Marine Oil Terminals regulated by the California State Lands Commission. See Section 1.14 for additional scope provisions.


1.1.4 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 18901 et. seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts. See Section 1.1.8 of this code.

1.1.5 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 reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized architectural or engineering practices shall be employed. The National Fire Codes, standards, and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire prevention engineering practices.

1.1.6 Nonbuilding 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 Health and Safety Code Section 18909, shall not be construed as part of the provisions of this code. For nonbuilding standards, orders, and regulations, see other titles of the California Code of Regulations.
1.1.7 Order of precedence and use.
1.1.7.1 Differences. In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.
1.1.7.2 Specific provisions. Where a specific provision varies from a general provision, the specific provision shall apply.
1.1.7.3 Conflicts. When the requirements of this code conflict with the requirements of any other part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail.

1.1.8 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 to establish more restrictive and reasonably necessary differences to the provisions contained in this code pursuant to complying with Section 1.1.8.1. The effective date of amendments, additions or deletions to this code by a city, county, or a city and county filed pursuant to Section 1.1.8.1 shall 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.

Local modifications shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law or Health and Safety Code Section 13869.7 for Fire Protection Districts.
1.1.8.1 Findings and filings.


  1. The city, county, or city and county shall make express findings 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 or deletions expressly marked and identified as to the applicable findings. Cities, counties, cities and counties, 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.




  1. Findings prepared by fire protection districts shall be ratified by the local city, county, or city and county and filed with the California Department of Housing and Community Development, Division of Codes and Standards, P.O. Box 1407, Sacramento, CA 95812-1407 or 2020 W. El Camino Avenue, Suite 250, Sacramento CA 95833-1829.

1.1.9 Effective date of this code. Only those standards approved by the California Building Standards Commission 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.

1.1.10 Availability of codes. At least one complete copy each of Titles 8, 19, 20, 24, and 25 with all revisions shall be maintained in the office of the building official responsible for the administration and enforcement of this code. Each state department concerned and each city, county or city and county shall have an up-to-date copy of the code available for public inspection. See Health and Safety Code Section 18942(d)(1) and (2).
1.1.11 Format. This part fundamentally adopts the International Building Code by reference on a chapter-by-chapter basis. When a specific chapter of the International Building Code is not printed in the code and is marked “Reserved” such chapter of the International Building Code is not adopted as a portion of this code. When a specific chapter of the International Building Code is marked “Not adopted by the State of California” but appears in the code, it may be available for adoption by local ordinance.
Note: Matrix Adoption Tables at the front of each chapter may aid the code user in determining which chapter or sections within a chapter are applicable to buildings under the authority of a specific state agency, but they are not to be considered regulatory.
1.1.12 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.

SECTION 1.2


BUILDING STANDARDS COMMISSION
1.2.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
SECTION 1.9

DIVISION OF THE STATE ARCHITECT
1.9.1 Division of the State Architect ─ Access Compliance.
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 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) (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, 2004 Americans with Disabilities Act Accessibility Guidelines, as adopted by the US Department of Justice (see 36 C.F.R. Part 1191, Appendices B and D), and (3) under the Fair Housing Amendments Act of 1988. Some of these regulations may be more stringent than state law in order to meet the federal requirement.
1.9.1.1 Application. See Government Code commencing with Section 4450.
Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities as follows:
1.9.1.1.1 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.
1.9.1.1.2 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.
1.9.1.1.3 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.

1.9.1.1.4 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 2, Section 11B-202.

1.9.1.1.5 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.
1.9.1.2 Application. See Health and Safety Code commencing with Section 19952.
All privately funded public accommodations, as defined and commercial facilities, as defined, shall be accessible to persons with disabilities as follows:
Exception: Certain types of privately funded multistory buildings do not require installation of an elevator to provide access above and below the first floor. See Chapter 11B.
1.9.1.2.1 Any building, structure, facility, complex or improved area, or portions thereof, which are used by the general public.
1.9.1.2.2 Any sanitary facilities which are made available for the public, clients or employees in such accommodations or facilities.
1.9.1.2.3 Any curb or sidewalk intended for public use that is constructed in this state with private funds.
1.9.1.2.4 All existing privately funded public accommodations when alterations, structural repairs or additions are made to such public accommodations as set forth under Chapter 11B.

1.9.1.3 Application ─ public housing and private housing available for public use. See Government Code Sections 4450 and 12955.1(c).

1.9.1.4 Enforcing agency.
1.9.1.4.1 The director of the Department of General Services where state funds are utilized for any project or where funds of counties, municipalities or other political subdivisions are utilized for the construction of elementary, secondary or community college projects.
1.9.1.4.2 The governing bodies where funds of counties, municipalities or other political subdivisions are utilized except as otherwise provided above.
1.9.1.4.3 The building department of every city, county, or city and county within the territorial area of its city, county, or city and county, where private funds are utilized. “Building department” means the department, bureau or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings.
1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification. Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through an appeals process.
1.9.1.6 Authority cited. Government Code Section 4450.

1.9.1.7 Reference cited. Government Code Sections 4450 through 4461, 12955.1(c) and Health and Safety Code Sections 18949.1, 19952 through 19959.

1.9.1.8 Adopting agency identification. The provision of this code applicable to buildings identified in this Subsection 1.9.1 will be identified in the Matrix Adoption Tables under the acronym DSA-AC.




CHAPTER 1

SCOPE AND ADMINISTRATION

DIVISION II

SCOPE AND ADMINISTRATION



DSA-AC proposes to carry forward its adoption of specific model code provisions in Chapter 1, Division II, from the 2013 CA Building Code into the 2016 CA Building Code, with existing amendments.



ITEM 1.2.00

CHAPTER 1, DIVISION II – MATRIX ADOPTION TABLE


Adopting Agency

DSA-AC

Adopt entire California Chapter




Adopt entire California Chapter as amended (amended Sections listed below)



Adopt only those Sections that are listed below


X

Chapter / Section







101.1 – 101.4.5




X

104.11




X

111.2




X




ITEM 1.2.01




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