PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910. - 17998.3.]

Part 1.5 added by Stats. 1961, Ch. 1844.

§§ 17910–17998.3 · 146 sections

CHAPTER 1. General Provisions §§ 17910–17914 · 5 sections
- § 17910 This part is known as the “State Housing Law.”
- § 17911 The provisions of this part do not apply to any building regulated by Part 2 (commencing with Section 18000), Part 2.1 (commencing with Section 18200), or Part…
- § 17912 Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to…
- § 17913 (a) The department shall notify the entities listed in subdivision (c) of the dates that each of the international or uniform codes published by the specific…
- § 17914 (a) It is hereby declared to be the established policy of the state that all dwelling units, as defined in Section 1940 of the Civil Code, shall be able to…
CHAPTER 2. Rules and Regulations §§ 17920–17929 · 39 sections
- § 17920 For purposes of this part, the following definitions apply: (a) “Approved” means acceptable to the department. (b) “Building” means a structure subject to this…
- § 17920.3 Any building or portion thereof, regardless of zoning designation or approved uses of the building, including any dwelling unit, guestroom or suite of rooms,…
- § 17920.5 As used in this part “local appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to…
- § 17920.6 As used in this part, “housing appeals board” means the board or agency of a city or county which is authorized by the governing body of the city or county to…
- § 17920.8 In addition to any other requirements for location of exit signs or devices in hotels, motels, or apartment houses, the State Fire Marshal shall adopt building…
- § 17920.9 (a) The department shall propose adoption, amendment, or repeal by the California Building Standards Commission pursuant to Chapter 4 (commencing with Section…
- § 17920.10 (a) Any building or portion thereof including any dwelling unit, guestroom, or suite of rooms, or portion thereof, or the premises on which it is located, is…
- § 17921 (a) Except as provided in subdivision (b), the department shall propose the adoption, amendment, or repeal of building standards to the California Building…
- § 17921.1 Notwithstanding the provisions of Section 17921, and except as provided for herein, the department shall not adopt or enforce any rule or regulation relating…
- § 17921.4 (a) A nonwater-supplied urinal approved for installation or sold in this state shall satisfy all of the following requirements: (1) Meet performance, testing,…
- § 17921.5 (a) For purposes of this section, “recycled water” has the same meaning as that term is defined in subdivision (n) of Section 13050 of the Water Code, and is…
- § 17921.6 Except as provided in Sections 18930 and 18949.5, the department shall prepare and adopt minimum standards regulating the use and application of cellular…
- § 17921.7 (a) (1) The Legislature finds and declares all of the following: (A) Acrylonitrile-butadiene-styrene (“ABS”) drain, waste, and vent plumbing pipe is used to…
- § 17921.8 (a) (1) The department shall review current building standards, conduct research, and develop recommendations regarding building standards for the installation…
- § 17921.9 (a) No later than December 31, 2024, the Department of Housing and Community Development shall convene a working group, including, but not limited to, the…
- § 17921.10 (a) The standards proposed by the department pursuant to Section 17921 may include voluntary best practice and mandatory requirements related to…
- § 17921.11 (a) For purposes of this section, “water reuse system” includes both of the following: (1) A system approved for installation under the California Building…
- § 17922 (a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursuant to Chapter 4…
- § 17922.1 Notwithstanding Section 17922, local agencies may modify or change the requirements published in the State Building Standards Code or contained in other…
- § 17922.12 (a) For the purposes of this section, “graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by…
- § 17922.14 (a) (1) During the next regularly scheduled triennial code cycle that commences on or after January 1, 2018, or during a subsequent code adoption cycle, the…
- § 17922.15 (a) At the next triennial building standards rulemaking cycle that commences on or after January 1, 2020, the Department of Housing and Community Development…
- § 17922.2 (a) Notwithstanding any other provisions of this part, ordinances and programs adopted on or before January 1, 1993, that contain standards to strengthen…
- § 17922.3 Notwithstanding any other provision of law, a residential structure that is moved into, or within, the jurisdiction of a local agency or the department, shall…
- § 17922.4 (a) For purposes of this section, “temporary sleeping cabin” means a nonpermanent structure that is intended to provide temporary housing to people…
- § 17922.5 Any state or local agency which issues building permits shall require, as a condition of issuing any building permit where the working conditions of the…
- § 17922.6 (a) The Office of Noise Control in coordination with the department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing…
- § 17922.7 (a) Except as otherwise provided in subdivisions (b) and (c), the governing body of every city, county, city and county, and public entity shall adopt…
- § 17922.8 The Office of Noise Control may appoint an advisory committee to assist the office in reviewing and revising the noise insulation standards previously adopted.
- § 17922.9 (a) The Legislature hereby finds and declares that the provision of an adequate level of affordable housing, in and of itself, is a fundamental responsibility…
- § 17923 (a) The provisions of Section 17922 are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of…
- § 17924 Rules and regulations shall be promulgated pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,…
- § 17925 Except as provided in Section 17922.6, any person, firm, corporation, or governmental agency that opposes the application of any applicable building standard…
- § 17926 (a) An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device, approved and listed by the State Fire Marshal pursuant to…
- § 17926.1 (a) An owner or owner’s agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant shall maintain carbon monoxide…
- § 17926.2 (a) If the department, in consultation with the State Fire Marshal, determines that a sufficient amount of tested and approved carbon monoxide devices are not…
- § 17927 The department shall propose the adoption, amendment, or repeal of building standards pursuant to the provisions of Chapter 4 (commencing with Section 18935)…
- § 17928 (a) (1) The Department of Housing and Community Development shall, for building standards submitted to the California Building Standards Commission for…
- § 17929 (a) (1) For a mixed-income multifamily structure, both of the following shall apply: (A) The occupants of the affordable housing units within the mixed-income…
CHAPTER 3. Appeals §§ 17930–17932 · 3 sections
- § 17930 Except as provided in Section 18945, the director or the director’s designee shall hear appeals brought by any person as to the application of any rule or…
- § 17931 The department may promulgate rules pertaining to hearing appeals. All rules shall be made in accordance with the provisions of Chapter 3.5 (commencing with…
- § 17932 A decision of the director or the director’s designee made pursuant to Section 17930 is final, except for such action as may be taken by a court as permitted…
CHAPTER 4. Application and Scope §§ 17950–17959.6 · 27 sections
- § 17950 The provisions of this part, the building standards published in the State Building Standards Code, or the other rules and regulations promulgated pursuant to…
- § 17951 (a) (1) The governing body of any county or city, including a charter city, may prescribe fees for permits, certificates, or other forms or documents required…
- § 17951.5 (a) Notwithstanding Section 17951, each city, county, or city and county may waive or reduce all building permit fees for improvements to the home of a veteran…
- § 17951.7 (a) Notwithstanding Section 17951, each city, county, or city and county may waive or reduce all building permit fees for improvements to the home of a person…
- § 17952 (a) In the event of nonenforcement of this part, or the building standards published in the California Building Standards Code, or the other rules and…
- § 17953 Each city, county, and city and county shall enact an ordinance which requires a preliminary soil report, prepared by a civil engineer who is registered by the…
- § 17954 If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural…
- § 17955 The building department of each city, county, or city and county, or other enforcement agency charged with the administration and enforcement of the provisions…
- § 17956 A city, county, or city and county or other enforcement agency charged with the administration and enforcement of the provisions of this part, is not liable…
- § 17957 The governing body of any city, county, or city and county may enact an ordinance prescribing an alternate procedure which is equal to or more restrictive than…
- § 17958 (a) Except as provided in subdivision (b), and in Sections 17958.8 and 17958.9, any city or county may make changes in the provisions adopted pursuant to…
- § 17958.1 (a) Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may, by ordinance, permit efficiency units for occupancy by no more…
- § 17958.2 (a) Notwithstanding Section 17958, regulations of the department adopted for limited-density owner-built rural dwellings, which are codified in Article 8…
- § 17958.3 (a) All residential hotels, as defined by paragraph (1) of subdivision (b) of Section 50519, shall provide a locking mail receptacle for each residential unit,…
- § 17958.4 (a) Any city, county, or city and county, may, by ordinance, establish a date by which all residential real property with security window bars on bedroom…
- § 17958.5 (a) Except as provided in subdivision (c) and in Section 17922.6, in adopting the ordinances or regulations pursuant to Section 17958, a city or county may…
- § 17958.7 (a) Except as provided in subdivision (c) and in Section 17922.6, the governing body of a city or county, before making any modifications or changes pursuant…
- § 17958.8 Local ordinances or regulations governing alterations and repair of existing buildings shall permit the replacement, retention, and extension of original…
- § 17958.9 Local ordinances or regulations governing the moving of apartment houses and dwellings shall, after July 1, 1978, permit the retention of existing materials…
- § 17958.11 (a) Any city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint…
- § 17958.12 (a) The Legislature hereby finds and declares the following: (1) Building officials, pursuant to this code and the California Building Standards Code, have…
- § 17959 (a) No later than December 31, 2003, the department shall consider proposed universal design guidelines for home construction or home modifications which may…
- § 17959.1 (a) A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar…
- § 17959.3 (a) It is the intent of the Legislature to encourage the use of passive solar energy design. The Legislature recognizes that building code regulations with…
- § 17959.4 The housing appeals board may, in cases of extreme hardship to owner-occupants or tenants of dwellings, provide for deferral of the effective date of orders of…
- § 17959.5 The housing appeals board may, upon appeal or upon application by the owner, grant variances from local use zone requirements in order to permit an…
- § 17959.6 (a) Ninety days after the Department of Housing and Community Development certifies and makes available a standard form pursuant to subdivision (h), but in no…
CHAPTER 5. Administration and Enforcement §§ 17960–17992 · 62 sections
1. ARTICLE 1. Enforcement Agencies §§ 17960–17967 · 11 sections
  - § 17960 The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code, the…
  - § 17960.1 (a) The governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to…
  - § 17960.3 (a) (1) Upon an application for a residential building permit being deemed complete pursuant to Section 65913.3 of the Government Code, a city or county shall…
  - § 17960.5 The building standards for residential buildings in Chapter 2-53 of Part 2, and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code…
  - § 17960.10 The building department, housing department, or health department enforcing any of the provisions of this part may develop a list of public or publicly funded…
  - § 17961 (a) The housing or building department or, if there is no building department acting pursuant to this section, the health department of every city, county, or…
  - § 17962 The chief of any city or any county fire department or district providing fire protection services, and their authorized representatives, shall enforce in…
  - § 17964 By charter, ordinance, or resolution, a city, county, or city and county may designate and charge a department organized to carry out the purposes of this…
  - § 17965 Where there is no local enforcement agency charged with the enforcement of this part pursuant to Section 17964, and to the extent that enforcement…
  - § 17966 Cities or counties or fire protection districts may contract with the department for assistance by the department in the enforcement of the applicable…
  - § 17967 The department may examine the records of the various city, city and county, or county departments charged with the enforcement of building standards published…
2. ARTICLE 2. Inspection §§ 17970–17972 · 6 sections
  - § 17970 Any officer, employee, or agent of an enforcement agency may enter and inspect any building or premises whenever necessary to secure compliance with, or…
  - § 17970.3 (a) This section shall only apply to both of the following: (1) A new residential construction of a building that contains at least 1 unit, but no more than 10…
  - § 17970.5 (a) Notwithstanding any other provision of this part, a city or county that receives a complaint from a tenant, resident, or occupant, or an agent of a tenant,…
  - § 17970.7 (a) By January 1, 2025, local enforcement agencies shall develop policies and procedures for inspecting a building with multiple units if an inspector or code…
  - § 17971 The owner, or authorized agent of any owner, of any building or premises may enter the building or premises whenever necessary to carry out any instructions,…
  - § 17972 No person authorized by this article to enter buildings shall enter any dwelling between the hours of 6 o'clock p.m. of any day and 8 o'clock a.m. of the…
3. ARTICLE 2.2. Exterior Elevated Elements: Inspections. § 17973 · 1 section
  - § 17973 (a) Exterior elevated elements that include load-bearing components in all buildings containing three or more multifamily dwelling units shall be inspected.…
4. ARTICLE 2.3. Inspection of Homeless Shelters §§ 17974–17974.6 · 8 sections
  - § 17974 For purposes of this article: (a) “Department” means the Department of Housing and Community Development. (b) (1) “Homeless shelter” means any of the…
  - § 17974.1 (a) Notwithstanding any other provision of this part, a city or county that receives a complaint from an occupant of a homeless shelter, or an agent of an…
  - § 17974.1.5 (a) A homeless shelter shall prominently display at the shelter information about an occupant’s rights and the process for reporting a complaint alleging a…
  - § 17974.2 (a) The owner or operator of a homeless shelter shall be responsible for the correction of any violations for which a notice of violation has been given under…
  - § 17974.3 (a) The requirements of this article shall not be construed to impose a mandatory duty pursuant to Section 815.6 of the Government Code, and shall not be…
  - § 17974.4 (a) In addition to the penalties authorized under Chapter 6 (commencing with Section 17995), an owner or operator of a homeless shelter who fails to meet the…
  - § 17974.5 (a) Each city and each county shall submit a report annually to the department and the state agency by April 1 of each year that includes all of the following…
  - § 17974.6 The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5…
5. ARTICLE 2.5. Tenant Relocation Assistance §§ 17975–17975.10 · 11 sections
  - § 17975 (a) Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation…
  - § 17975.1 (a) The relocation benefits required by this article shall be paid by the owner or designated agent to the tenant within 10 days after the date that the order…
  - § 17975.2 The relocation payment shall be made available by the owner or designated agent to the tenant in each residential unit and shall be a sum equal to two months…
  - § 17975.3 (a) Any owner or designated agent who does not make timely payment as specified in Section 17975.1 shall be liable to the tenant for an amount equal to 11/2…
  - § 17975.4 (a) No relocation benefits pursuant to this article shall be payable to any tenant who has caused or substantially contributed to the condition giving rise to…
  - § 17975.5 (a) If the owner or designated agent fails, neglects, or refuses to pay relocation payments to a displaced tenant or a tenant subject to displacement, except…
  - § 17975.6 Notwithstanding subdivision (b) of Section 17975.1 and subdivision (a) of Section 17975.5, if there are fewer than 10 days between the first posting and…
  - § 17975.7 The remedies under this article are cumulative and in addition to any other remedies available under federal, state, or local law.
  - § 17975.8 Any order by a local agency that requires a tenant’s displacement and is issued to an owner, designated agent, or tenant, shall be accompanied by a summary of…
  - § 17975.9 While it is the intent of the Legislature in enacting this article to provide an expedient means by which to provide relocation funds to tenants, nothing in…
  - § 17975.10 When seeking reimbursement under an optional local program intended to advance relocation payments to displaced tenants when the owner fails, neglects, or…
6. ARTICLE 3. Actions and Proceedings §§ 17980–17992 · 25 sections
  - § 17980 (a) If a building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that gives a…
  - § 17980.1 (a) If a building is identified by a city, city and county, or county pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division…
  - § 17980.2 (a) If the enforcement agency, in accordance with Section 17980.1, shall desire that the receiver obtain a lien for costs incurred in connection therewith in…
  - § 17980.3 (a) Any receiver appointed pursuant to this section shall have all of the powers and duties conferred by this section, and Sections 17980.1 and 17980.2, and…
  - § 17980.4 (a) Whenever the enforcement agency sues for the expenses involved in the execution of any order, it may join in the same suit and claim any civil remedy for…
  - § 17980.5 The local enforcement agency may establish and maintain a special fund for the purpose of implementing Sections 17980.1 to 17980.4, inclusive.
  - § 17980.6 If any building is maintained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code…
  - § 17980.7 If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall…
  - § 17980.8 Notwithstanding any other provision of law, if a determination that an unsafe or substandard condition exists in any building, or upon the lot upon which it is…
  - § 17980.9 Notwithstanding Section 17980, whenever the enforcement agency inspects any vacant single-family dwelling within the City of Los Angeles or the City of San…
  - § 17980.10 (a) An enforcement agency that properly declares any dwelling a nuisance and, using the notice requirements and procedures specified in Subchapter 1…
  - § 17980.11 If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a…
  - § 17980.12 (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a…
  - § 17981 An enforcement agency which institutes any action or proceeding pursuant to this article may, by verified complaint setting forth the facts, apply to the…
  - § 17982 If any notice or order issued by an enforcement agency is not complied with within a reasonable time as specified in such notice or order the enforcement…
  - § 17983 The superior court may make any order for which application is made pursuant to this article.
  - § 17984 Neither an enforcement agency, any of its officers, nor any city or county for which an enforcement agency may act, is liable for costs in any action or…
  - § 17985 (a) Any enforcement agency which institutes an action or proceeding pursuant to this article shall record a notice of the pendency of the action or proceeding…
  - § 17986 The county recorder with whom a notice of pendency of action or proceeding is filed shall record and index it in the name of each person to be specified in a…
  - § 17987 Any notice of pendency of action or proceeding may be vacated upon the order of a judge of the court in which the action or proceeding is pending. A certified…
  - § 17988 In any action or proceeding brought pursuant to this article, service of summons is sufficient if served in the manner provided in the Code of Civil Procedure.
  - § 17989 Except under conditions immediately affecting health or safety, every notice or order issued pursuant to this part shall be served five days before the time…
  - § 17990 The time to file a written pleading in response to a summons in an action brought pursuant to this article is 10 days.
  - § 17991 (a) The sale or other transfer of property to a third party shall not render moot an administrative or judicial action or proceeding pursuant to this article,…
  - § 17992 Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property…
CHAPTER 6. Violations §§ 17995–17995.5 · 6 sections
- § 17995 Any person who violates any of the provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of…
- § 17995.1 Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property shall be…
- § 17995.2 Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period…
- § 17995.3 Any person who is convicted pursuant to Section 17995 for a second or subsequent time within a five-year period for violations at the same property where such…
- § 17995.4 Any person found in contempt of a court order or injunction pursuant to the provisions of this part for a second or subsequent time within a five-year period…
- § 17995.5 Fines collected pursuant to this part in excess of five hundred dollars ($500) per violation shall be reimbursed to the enforcement agency which investigated…
CHAPTER 8. Code Enforcement Incentive Program §§ 17998–17998.3 · 4 sections
- § 17998 The Legislature finds and declares all of the following: (a) The Department of Housing and Community Development reports that one in every eight dwelling units…
- § 17998.1 The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching grants to…
- § 17998.2 (a) It is the intent of the Legislature in the enactment of this section to do all of the following: (1) Initiate a coordinated active community approach to…
- § 17998.3 In implementing the programs governed by this chapter, the department has all the general powers granted to it by Division 31 (commencing with Section 50000).