Section § 18950

Explanation

This section establishes the official name of this part of the law as the “State Historical Building Code.”

This part shall be known and may be cited as the “State Historical Building Code.”

Section § 18951

Explanation

This law aims to offer different rules to help with the rehabilitation, renovation, or relocation of historic buildings. The goal is to keep these buildings' unique architectural features intact while promoting energy efficiency and ensuring occupants' safety. It supports a cost-effective way to preserve historical structures when their use is changed.

It is the purpose of this part to provide alternative regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of qualified historical buildings or structures, as defined in Section 18955. These alternative standards and regulations are intended to facilitate the rehabilitation, restoration, or change of occupancy so as to preserve their original or restored architectural elements and features, to encourage energy conservation and a cost-effective approach to preservation, and to provide for the safety of the building occupants.

Section § 18952

Explanation

This law section states that the rules outlined in it apply to all buildings or structures that are considered 'qualified historical buildings' according to the definition provided in Section 18955.

This part shall apply to all qualified historical buildings or structures as defined in Section 18955.

Section § 18953

Explanation

This law aims to preserve the historical value of certain buildings while ensuring they are safe from fire, earthquakes, and other dangers. It also seeks to make these buildings accessible and usable for people with disabilities.

It is the intent of this part to provide means for the preservation of the historical value of qualified historical buildings or structures and, concurrently, to provide reasonable safety from fire, seismic forces or other hazards for occupants of these buildings or structures, and to provide reasonable availability to and usability by, the disabled.

Section § 18954

Explanation

This law allows for repairs, alterations, and changes to be made to historical buildings to help preserve, restore, or continue their use, as long as these changes follow specific rules. Local building departments and state agencies must use alternative standards from Section 18959.5 when approving such work. When it comes to making these buildings accessible to people with disabilities, each change is assessed individually, preventing blanket application to the entire building without considering each part.

Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a qualified historical building or structure may be made if they conform to this part. The building department of every city or county or other local agency that has jurisdiction over the enforcement of code within its legal authority shall apply the alternative standards and regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure. A state agency shall apply the alternative regulations adopted pursuant to Section 18959.5 in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure.
The application of any alternative standards for the provision of access to the disabled or exemption from access requirements shall be done on a case-by-case and item-by-item basis, and shall not be applied to an entire qualified historical building or structure without individual consideration of each item, and shall not be applied to related sites or areas except on an item-by-item basis.

Section § 18955

Explanation

This law defines what counts as a 'qualified historical building or structure' in California. Essentially, it includes any buildings, structures, or sites recognized for their historical, architectural, or cultural importance by local or state government. This includes buildings listed on national, state, or local historical registers like the National Register of Historic Places, State Historical Landmarks, and city or county historical or architectural lists.

Other places and sites deemed important by government bodies also fall under this category, ensuring they are preserved for their significance to the community's history and culture.

For the purposes of this part, a qualified historical building or structure is any structure or property, collection of structures, and their related sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include historical buildings or structures on existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and city or county registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks. This shall also include places, locations, or sites identified on these historical registers or official inventories and deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction.

Section § 18956

Explanation

This law section states that when dealing with qualified historical buildings or structures, the rules and laws from certain parts of the Government Code, Public Resources Code, and other relevant statutes are governed by the guidelines in this specific part of the code.

The application of the provisions of Part 5.5 (commencing with Section 19955) of Division 13 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, Division 15 (commencing with Section 25000) of the Public Resources Code, and of any other statute or regulation, as they may apply to qualified historical buildings or structures, shall be governed by this part.

Section § 18957

Explanation

This law ensures that building or fire officials can carry out their responsibilities to protect public health, safety, and welfare without being restricted by any other part of this law.

Nothing in this part shall be construed to prevent authorized building or fire officials from the performance of their duties when in the process of protecting the public health, safety, and welfare.

Section § 18958

Explanation

This law states that certain California state agencies have the power to create rules and regulations for the care and management of historical buildings. Aside from the State Historical Building Safety Board, these agencies include the Division of the State Architect, the State Fire Marshal, the State Building Standards Commission (specifically for building standards), the Department of Housing and Community Development, and the Department of Transportation. Other relevant state agencies can also be involved if they are affected.

Except as provided in Section 18930, the following state agencies, in addition to the State Historical Building Safety Board, shall have the authority to adopt rules and regulations pursuant to the State Historical Building Code governing the rehabilitation, preservation, restoration, related reconstruction, safety, or relocation of qualified historical buildings and structures within their jurisdiction:
(a)CA Health and Safety Code § 18958(a)  The Division of the State Architect.
(b)CA Health and Safety Code § 18958(b)  The State Fire Marshal.
(c)CA Health and Safety Code § 18958(c)  The State Building Standards Commission, but only with respect to approval of building standards.
(d)CA Health and Safety Code § 18958(d)  The Department of Housing and Community Development.
(e)CA Health and Safety Code § 18958(e)  The Department of Transportation.
(f)CA Health and Safety Code § 18958(f)  Other state agencies that may be affected by this part.

Section § 18959

Explanation

This section outlines how state and local agencies, including the State Historical Building Safety Board and the State Fire Marshal, must administer and enforce laws related to qualified historical buildings or structures. Both state agencies and local authorities are responsible for these tasks within their jurisdiction, following certain guidelines and regulations.

The State Historical Building Safety Board must work with other state agencies and share relevant rules with local building authorities. State Fire Marshal's regulations are enforced similarly to other fire safety laws. Local agencies can adjust building code requirements based on local conditions like climate and geography, but must document their reasons and submit these to the State Historical Building Safety Board before changes take effect.

(a)CA Health and Safety Code § 18959(a)  Except as otherwise provided in Part 2.5 (commencing with Section 18901), all state agencies shall administer and enforce this part with respect to qualified historical buildings or structures under their respective jurisdiction.
(b)CA Health and Safety Code § 18959(b)  Except as otherwise provided in Part 2.5 (commencing with Section 18901), all local authorities shall, within their legal authority, administer and enforce this part with respect to qualified historical buildings or structures under their respective jurisdictions where applicable.
(c)CA Health and Safety Code § 18959(c)  The State Historical Building Safety Board shall coordinate and consult with the other applicable state agencies affected by this part and, except as provided in Section 18943, disseminate provisions adopted pursuant to this part to all local building authorities and state agencies at cost.
(d)CA Health and Safety Code § 18959(d)  Regulations adopted by the State Fire Marshal pursuant to this part shall be enforced in the same manner as regulations are enforced under Sections 13145, 13146, and 13146.5.
(e)CA Health and Safety Code § 18959(e)  Regular and alternative building standards published in the California Building Standards Code shall be enforced in the same manner by the same governmental entities as provided by law.
(f)CA Health and Safety Code § 18959(f)  When administering and enforcing this part, each local agency may make changes or modifications in the requirements contained in the California Historical Building Code, as described in Section 18944.7, as it determines are reasonably necessary because of local climatic, geological, seismic, and topographical conditions. The local agency shall make an express finding that the modifications or changes are needed, and the finding shall be available as a public record. A copy of the finding and change or modification shall be filed with the State Historical Building Safety Board. No modification or change shall become effective or operative for any purpose until the finding and modification or change has been filed with the board.

Section § 18959.5

Explanation

The State Historical Building Safety Board is responsible for creating and proposing alternative building standards. These standards need approval according to specific procedures. The Board can also change or remove these rules and any related regulations, especially if they've suggested them to the State Architect or other relevant state agencies.

Subject to the applicable provisions of Part 2.5 (commencing with Section 18901) of this division, the State Historical Building Safety Board shall adopt and submit alternative building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of this division and may adopt, amend, and repeal other alternative rules and regulations under this part which the board has recommended for adoption under subdivision (b) of Section 18960 by the State Architect or other appropriate state agencies.

Section § 18960

Explanation

The State Historical Building Safety Board is part of the Division of the State Architect and consists of experts from various state and local agencies, design societies, and preservation organizations.

The board gives advice on rules and regulations to the State Architect and other agencies. It also reviews interpretations and enforcement issues related to historical building standards.

Local agencies and individuals affected by building standards can appeal to this board if the issue is important statewide. The board's decisions and interpretations must be shared with the State Building Standards Commission.

The board can charge fees for their services which are deposited into the State Historical Building Code Fund. Members of the board are appointed and serve four-year terms without pay, although they receive reimbursement for expenses. The board also selects a chair annually.

(a)CA Health and Safety Code § 18960(a) A State Historical Building Safety Board is hereby established as a unit within the Division of the State Architect. The board shall be composed of qualified experts in their respective fields who shall represent various state and local public agencies, professional design societies and building and preservation oriented organizations.
(b)CA Health and Safety Code § 18960(b) This board shall act as a consultant to the State Architect and to the other applicable state agencies for purposes of this part. The board shall recommend to the State Architect and the other applicable state agencies rules and regulations for adoption pursuant to this part.
(c)CA Health and Safety Code § 18960(c) The board shall also act as a review body to state and local agencies with respect to interpretations of this part as well as on matters of administration and enforcement of it. The board’s decisions shall be reported in printed form.
(1)CA Health and Safety Code § 18960(c)(1) Notwithstanding subdivision (b) of Section 18945, if any local agency administering and enforcing this part or any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of this agency representing a building standard wishes to appeal the issue for resolution to the State Historical Building Safety Board, these parties may appeal to the board. The board may accept the appeal only if it determines that issues involved in the appeal have statewide significance.
(2)CA Health and Safety Code § 18960(c)(2) The State Historical Building Safety Board shall, upon making a decision on an appeal pursuant to paragraph (1), send a copy to the State Building Standards Commission.
(3)CA Health and Safety Code § 18960(c)(3) Requests for interpretation by local agencies of the provisions of this part may be accepted for review by the State Historical Building Safety Board. A copy of an interpretation decision shall be sent to the State Building Standards Commission in the same manner as paragraph (2).
(4)CA Health and Safety Code § 18960(c)(4) The State Historical Building Safety Board may charge a reasonable fee, not to exceed the cost of the service, for requests for copies of their decisions and for requests for reviews by the board pursuant to paragraph (1) or (3). All funds collected pursuant to this paragraph shall be deposited in the State Historical Building Code Fund, which is hereby established, for use by the State Historical Building Safety Board. The State Historical Building Code Fund and the fees collected therefor, and the budget of the State Historical Building Safety Board, shall be subject to annual appropriation in the Budget Act.
(5)CA Health and Safety Code § 18960(c)(5) Local agencies may also charge reasonable fees not to exceed the cost for making an appeal pursuant to paragraph (1) to persons adversely affected as described in that appeal.
(6)CA Health and Safety Code § 18960(c)(6) All other appeals involving building standards under this part shall be made as set forth in subdivision (a) of Section 18945.
(d)CA Health and Safety Code § 18960(d) The board shall be composed of representatives of state agencies and public and professional building design, construction, and preservation organizations experienced in dealing with historic buildings. Unless otherwise indicated, each named organization shall appoint its own representatives. Each of the following shall have one member on the board who shall serve without pay, but shall receive actual and necessary expenses incurred while serving on the board:
(1)CA Health and Safety Code § 18960(d)(1) The Division of the State Architect.
(2)CA Health and Safety Code § 18960(d)(2) The State Fire Marshal.
(3)CA Health and Safety Code § 18960(d)(3) The State Historical Resources Commission.
(4)CA Health and Safety Code § 18960(d)(4) The California Occupational Safety and Health Standards Board.
(5)CA Health and Safety Code § 18960(d)(5) California Council, American Institute of Architects.
(6)CA Health and Safety Code § 18960(d)(6) Structural Engineers Association of California.
(7)CA Health and Safety Code § 18960(d)(7) A mechanical engineer, Consulting Engineers and Land Surveyors of California.
(8)CA Health and Safety Code § 18960(d)(8) An electrical engineer, Consulting Engineers and Land Surveyors of California.
(9)CA Health and Safety Code § 18960(d)(9) California Council of Landscape Architects.
(10)CA Health and Safety Code § 18960(d)(10) The Department of Housing and Community Development.
(11)CA Health and Safety Code § 18960(d)(11) The Department of Parks and Recreation.
(12)CA Health and Safety Code § 18960(d)(12) The California State Association of Counties.
(13)CA Health and Safety Code § 18960(d)(13) League of California Cities.
(14)CA Health and Safety Code § 18960(d)(14) The Office of Statewide Health Planning and Development.
(15)CA Health and Safety Code § 18960(d)(15) The Department of Rehabilitation.
(16)CA Health and Safety Code § 18960(d)(16) The California Chapter of the American Planning Association.
(17)CA Health and Safety Code § 18960(d)(17) The Department of Transportation.
(18)CA Health and Safety Code § 18960(d)(18) The California Preservation Foundation.
(19)CA Health and Safety Code § 18960(d)(19) The Seismic Safety Commission.
(20)CA Health and Safety Code § 18960(d)(20) The California Building Officials.
(21)CA Health and Safety Code § 18960(d)(21) The Building Owners and Managers Association of California.
The 21 members listed above shall select a building contractor as a member of the board, who shall serve without pay, but shall receive actual and necessary expenses incurred while serving on the board.
Each of the appointing authorities shall appoint, in the same manner as for members, an alternate in addition to a member. The alternate member shall serve in place of the member at the meetings of the board that the member is unable to attend. The alternate shall have all of the authority that the member would have when the alternate is attending in the place of the member. The board may appoint, from time to time, as it deems necessary, consultants who shall serve without pay but shall receive actual and necessary expenses as approved by the board.
(e)CA Health and Safety Code § 18960(e)  The term of membership on the board shall be for four years, with the State Architect’s representative serving continually until replaced. Vacancies on the board shall be filled in the same manner as original appointments. The board shall annually select a chairperson from among the members of the board.

Section § 18961

Explanation

This law requires all state agencies that deal with approvals or decisions impacting historical buildings to use special guidelines and consult with the State Historical Building Safety Board before making any decisions on variances or appeals. These efforts are to ensure the preservation and safety of historical structures.

All state agencies that enforce and administer approvals, variances, or appeals procedures or decisions affecting the preservation or safety of the historical aspects of qualified historical buildings or structures shall use the alternative provisions of this part and shall consult with the State Historical Building Safety Board to obtain its review prior to undertaking action or making decisions on variances or appeals that affect qualified historical buildings or structures.

Section § 18962

Explanation

This law requires local agencies to reduce parking requirements for projects converting or adapting designated historical sites. If the site is turned into residential use and is within half a mile of major public transit, no more parking is needed than what already exists. For nonresidential uses, a 25% reduction in required parking is allowed. These projects must follow all relevant preservation and safety standards. A designated historical resource refers to a site recognized at local, state, or national levels as historical.

(a)CA Health and Safety Code § 18962(a) For a development project in which a designated historical resource is being converted or adapted, a local agency shall provide the following reductions in required parking, unless otherwise required by a local historical preservation or adaptive reuse ordinance:
(1)CA Health and Safety Code § 18962(a)(1) For a project converting or adapting a designated historical resource to a residential use that is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, a local agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted.
(2)CA Health and Safety Code § 18962(a)(2) For a project converting or adapting a designated historical resource to a nonresidential use, a local agency shall provide a 25-percent reduction in the amount of parking spaces that would otherwise be required.
(b)CA Health and Safety Code § 18962(b) A development project in which a designated historical resource is being converted or adapted that is eligible for reductions in required parking pursuant to this section shall comply with all federal, state, and local alternative regulations and standards necessary for the preservation, restoration, rehabilitation, safety, relocation, or continued use of the designated historical resource.
(c)CA Health and Safety Code § 18962(c) For purposes of this section, “designated historical resource” means a structure or property officially designated on a local register of historical resources, the California Register of Historical Resources, or the National Register of Historic Places.