reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17951.7.

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 at least 60 years of age with a qualifying disability that are made to accommodate that disability.
(b) A local entity that chooses to waive or reduce building permit fees pursuant to subdivision (a) shall adopt an ordinance to establish a standard application form that may be used to apply for the waiver or reduction, including the requirements for proof of a qualifying disability.
(c) “Qualifying disability” means a physical or mental disability as defined in subdivisions (j) and (m) of Section 12926 of the Government Code.
(Added by Stats. 2018, Ch. 386, Sec. 1. (AB 2132) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17952.

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 regulations promulgated pursuant to the provisions of this part, such provisions, building standards or other rules and regulations shall be enforced by the department in any city or county after the department has given written notice to the governing body of that city or county or fire protection district, as the case may be, of a violation of this part, those building standards, or the other rules or regulations promulgated pursuant to the provisions of this part and the city or county has failed to initiate proceedings to secure correction of the violation within 30 days of the date of that notice. The city or county or fire protection district may request a hearing before the department pursuant to Section 17930 within the 30 days to show cause for nonenforcement. Enforcement by the department shall not be initiated until the decision of the department, adverse to the city or county or fire protection district, is rendered.
(b)  In the event of enforcement by the department pursuant to subdivision (a), the costs incurred by the department for such enforcement shall be borne by such city, or county, or city and county, or fire protection district. The department may assess fees to defray the costs of enforcement, thereby reducing the cost to be borne by the city, county, city and county, or fire protection district, but the department need not assess such fees and may not require the city, county, city and county, or fire protection district to assess fees to offset department costs.
(Amended by Stats. 1997, Ch. 645, Sec. 8. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17953.

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 state, based upon adequate test borings or excavations, of every subdivision, where a tentative and final map is required pursuant to Section 66426 of the Government Code.
The preliminary soil report may be waived if the building department of the city, county or city and county, or other enforcement agency charged with the administration and enforcement of the provisions of this part, shall determine that, due to the knowledge such department has as to the soil qualities of the soil of the subdivision or lot, no preliminary analysis is necessary.
(Amended by Stats. 1975, Ch. 24.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17954.

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 defects, such ordinance shall require a soil investigation of each lot in the subdivision.
The soil investigation shall be prepared by a civil engineer who is registered in this state. It shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil.
(Added by Stats. 1965, Ch. 1001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17955.

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 of this part, shall approve the soil investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed. As a condition to the building permit, the ordinance shall require that the approved recommended action be incorporated in the construction of each dwelling. Appeal from such determination shall be to the local appeals board.
(Added by Stats. 1965, Ch. 1001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17956.

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 for any injury which arises out of any act or omission of the city, county or city and county, or other enforcement agency, or a public employee or any other person under Section 17953, 17954, or 17955.
(Added by Stats. 1965, Ch. 1001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17957.

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 the procedure specified in Sections 17953, 17954, and 17955.
(Added by Stats. 1965, Ch. 1001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.

17958. Except as provided in Sections 17958.8 and 17958.9, any city or county may make changes in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 to amend, add, or repeal ordinances or regulations which impose the same requirements as are contained in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code or the other regulations adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7. If any city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or the other regulations promulgated pursuant to Section 17922 shall be applicable to it and shall become effective 180 days after publication by the California Building Standards Commission. Amendments, additions, and deletions to the California Building Standards Code adopted by a city or county pursuant to Section 17958.7, together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the California Building Standards Commission.
(Amended by Stats. 1997, Ch. 645, Sec. 9. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.1.

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 than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities, as specified by the ordinance. In all other respects, these efficiency units shall conform to minimum standards for those occupancies otherwise made applicable pursuant to this part.
(b) “Efficiency unit,” as used in this section, has the same meaning specified in the International Building Code of the International Code Council, as incorporated by reference in Part 2 of Title 24 of the California Code of Regulations.
(c) A city, county, or city and county shall not do any of the following:
(1) Limit the number of efficiency units in an area zoned for residential use and located within one-half mile of public transit or where there is a car share vehicle located within one block of the efficiency unit.
(2) Limit the number of efficiency units in an area zoned for residential use and located within one mile of a University of California or California State University campus.
(3) For purposes of this subdivision, any requirements related to density, setbacks, lot coverage, or height restrictions established by local ordinance are not considered a limit on the number of efficiency units.
(Amended by Stats. 2017, Ch. 400, Sec. 1. (AB 352) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.2.

17958.2. (a)  Notwithstanding Section 17958, regulations of the department adopted for limited-density owner-built rural dwellings, which are codified in Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations, shall not become operative within any city or county unless and until the governing body of the city or county makes an express finding that the application of those regulations within the city or county is reasonably necessary because of local conditions and the city or county files a copy of that finding with the department.
(b)  In adopting ordinances or regulations for limited-density owner-built rural dwellings, a city or county may make any changes or modifications in the requirements contained in Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Title 25 of the California Code of Regulations that it determines are reasonably necessary because of local conditions, if the city or county files a copy of the changes or modifications and the express findings for the changes or modifications with the department. No change or modification of that type shall become effective or operative for any purpose until the finding and the change or modification has been filed with the department.
(Amended by Stats. 2000, Ch. 471, Sec. 6. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.3.

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, consistent with the applicable standards for apartment housing mail receptacles in the United States Postal Service Domestic Mail Manual. Installation and maintenance of each mail receptacle shall meet all of the specifications and requirements of the United States Postal Service.
(b) Notwithstanding the date of construction of the residential hotel, each mail receptacle shall comply with the requirements of the Fair Housing Act (42 U.S.C. Sec. 3601).
(c) Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may enact and enforce ordinances which provide greater protections, additional standards, and increased remedies with respect to the provision of a locking mail receptacle for each residential unit in a residential hotel.
(d) This section shall become operative on July 1, 2008.
(Added by Stats. 2007, Ch. 599, Sec. 2. Effective January 1, 2008. Section operative July 1, 2008, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.4.

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 windows shall meet current state and local requirements for safety release mechanisms on security window bars consistent with the applicable standards in the 1995 edition of the California Building Standards Code, or, for safety release mechanisms on security window bars installed on or after January 1, 2008, the current edition of the California Building Standards Code, and any changes thereto made by the city, county, or city and county pursuant to Section 17958.
(b)  Disclosures of the existence of any safety release mechanism on any security window bar shall be made in writing, and may be included in existing transactional documents, including, but not limited to, a real estate sales contract or receipt for deposit, or a transfer disclosure statement pursuant to Section 1102.6 or 1106.6a of the Civil Code.
(c)  Enforcement of an ordinance adopted pursuant to subdivision (a) shall not apply as a condition of occupancy or at the time of any transfer that is subject to the Documentary Transfer Tax Act, Part 6.7 (commencing with Section 11901) of the Revenue and Taxation Code.
(Amended by Stats. 2007, Ch. 596, Sec. 5. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.5.

17958.5. Except as provided in Section 17922.6, in adopting the ordinances or regulations pursuant to Section 17958, a city or county may make those changes or modifications in the requirements contained in the provisions published in the California Building Standards Code and the other regulations adopted pursuant to Section 17922, including, but not limited to, green building standards, as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions.
For purposes of this section, a city and county may make reasonably necessary modifications to the requirements, adopted pursuant to Section 17922, including, but not limited to, green building standards, contained in the provisions of the code and regulations on the basis of local conditions.
(Amended by Stats. 2009, Ch. 89, Sec. 1. (AB 210) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.7.

17958.7. (a)  Except as provided in Section 17922.6, the governing body of a city or county, before making any modifications or changes pursuant to Section 17958.5, shall make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions. Such a finding shall be available as a public record. A copy of those findings, together with the modification or change expressly marked and identified to which each finding refers, shall be filed with the California Building Standards Commission. No modification or change shall become effective or operative for any purpose until the finding and the modification or change have been filed with the California Building Standards Commission.
(b)  The California Building Standards Commission may reject a modification or change filed by the governing body of a city or county if no finding was submitted.
(Amended by Stats. 1997, Ch. 645, Sec. 12. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.8.

17958.8. Local ordinances or regulations governing alterations and repair of existing buildings shall permit the replacement, retention, and extension of original materials and the use of original methods of construction for any building or accessory structure subject to this part, including a hotel, lodginghouse, motel, apartment house, or dwelling, or portions thereof, as long as the portion of the building and structure subject to the replacement, retention, or extension of original materials and the use of original methods of construction complies with the building code provisions governing that portion of the building or accessory structure at the time of construction, and the other rules and regulations of the department or alternative local standards governing that portion at the time of its construction and adopted pursuant to Section 13143.2 and the building or accessory structure does not become or continue to be a substandard building.
(Amended by Stats. 2003, Ch. 474, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.9.

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 and methods of construction so long as the apartment house or dwelling complies with the building standards for foundation applicable to new construction, and does not become or continue to be a substandard building.
(Amended by Stats. 1993, Ch. 288, Sec. 2. Effective August 2, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17958.12.

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 broad authority as part of their enforcement authority to render interpretations of the code and to adopt policies and procedures to clarify the application of its provisions.
(2) A building official has the discretion to apply the building standards that were in effect at the time a residential unit was constructed. This is permissible under the authority to grant modifications on a case-by-case basis and the authority of a building department to approve a material, appliance, installation, device, arrangement, or method if it finds that the design is satisfactory and equivalent to the building standards code. Several jurisdictions were not aware of this existing authority.
(3) It is the intent of the Legislature to clarify that when a building permit for a residential unit does not exist, the appropriate enforcement official may make a determination of when a residential unit was constructed and then apply the California Building Standards Code and other specified rules and regulations in effect when the residential unit was determined to be constructed for purposes of issuing a building permit for the residential unit.
(b) The department shall propose the adoption of a building standard to the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 to authorize, when a record of the issuance of a building permit for the construction of an existing residential unit does not exist, a local enforcement official to determine the date of construction of that residential unit, apply this part, the building standards in the California Building Standards Code, and other specified rules and regulations in effect on that date of construction to that residential unit, and issue a retroactive building permit for that construction. This authorization shall be consistent with the findings and declarations of subdivision (a).
(c) This section is declaratory of existing law.
(Added by Stats. 2018, Ch. 1010, Sec. 1. (SB 1226) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17959.3.

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 regard to natural light and ventilation standards have to be modified to permit existing buildings to be retrofitted with passive solar energy.
(b)  Notwithstanding Section 17922, any city or county may by ordinance or regulation permit windows required for light and ventilation of habitable rooms in dwellings to open into areas provided with natural light and ventilation which are designed and built to act as passive solar energy collectors.
(c)  On or before September 1, 1999, the department shall, after consulting with the State Energy Resources Conservation and Development Commission, prepare, adopt, and submit building standards to implement the provisions of this section for approval as part of the California Building Standards Code pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5.
(Amended by Stats. 1999, Ch. 643, Sec. 10.5. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17959.4.

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 abatement. Any deferral of the effective date of an order of abatement under this section shall terminate upon any sale or transfer of the dwelling by the owner-occupant but shall not terminate upon the sale or transfer of the dwelling if the dwelling is occupied by a tenant other than the owner-occupant.
(Amended by Stats. 1985, Ch. 1279, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 4 - Application and Scope › Section 17959.5.

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 owner-occupant of a dwelling to construct an addition to a dwelling to meet occupancy standards relating the number of persons in a household to the number of rooms or bedrooms. This power of the housing appeals board shall be in addition to, and shall not otherwise affect, the powers of other governmental boards and agencies to allow local use zone variances.
(Added by Stats. 1977, Ch. 847.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17960.

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 provisions of this part, and the other rules and regulations promulgated pursuant to the provisions of this part pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition, or arrangement of apartment houses, hotels, or dwellings.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17960.1.

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 perform the plan-checking function.
(b)  A local agency need not enter into a contract or employ persons if it determines that no entities or persons are available or qualified to perform the plan-checking services.
(c)  Entities or persons employed by a local agency may, pursuant to agreement with the local agency, perform all functions necessary to check the plans and specifications to comply with other requirements imposed pursuant to this part or by local ordinances adopted pursuant to this part, except those functions reserved by this part or local ordinance to the legislative body. A local agency may charge the applicant fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section which the applicant requested.
(d)  When there is an excessive delay in checking plans and specifications submitted as a part of an application for a residential building permit, the local agency shall, upon request of the applicant, contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function subject to subdivisions (b) and (c).
(e)  For purposes of this section:
(1)  “Enforcement agency” means the building department or building division of a local agency.
(2)  “Excessive delay” means the enforcement agency of a local agency has taken either of the following:
(A)  More than 30 days after submittal of a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications which are suitable for checking. For a discretionary building permit, the time period specified in this paragraph shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
(B)  Including the days actually taken in (A), more than 45 days to complete the checking of the resubmitted corrected plans and specifications suitable for checking after the enforcement agency had returned the plans and specifications to the applicant for correction.
(3)  “Local agency” means a city, county, or city and county.
(4)  “Residential building” means a one-to-four family detached structure not exceeding three stories in height.
(Amended by Stats. 1992, Ch. 839, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17960.5.

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 effective July 13, 1982, shall not apply to the construction of new residential housing projects which received approval by an advisory agency or other appropriate local agency on or before June 15, 1982, provided application for the permits to construct single-family detached dwellings are submitted or filed on or before June 15, 1983, and the application for all other residential building permits are submitted or filed on or before December 31, 1983.
For the purposes of this section, “approval” includes, but is not limited to, approval or conditional approval of a tentative subdivision or tentative parcel map or parcel map pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), condominium plan or other permit for a residential housing project.
(Added by Stats. 1982, Ch. 507, Sec. 1. Effective July 13, 1982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17960.10.

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 private agencies that finance or assist residential rehabilitation or repair activities for real property owners or renters. Notwithstanding any other provision of law, the staff of that department may provide written or oral referrals to any of those financing or assistance agencies in conjunction with, or as a result of, any inspection, notice of violation, or other activity and may include on the list any loan or grant program operated by the city, county, or city and county employing that staff.
(Added by Stats. 2003, Ch. 474, Sec. 3. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17961.

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 city and county, or any environmental agency authorized pursuant to Section 101275, shall enforce within its jurisdiction all of this part, the building standards published in the State Building Standards Code, and the other rules and regulations adopted pursuant to this part pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. The health department or the environmental agency may, in conjunction with a local housing or building department acting pursuant to this section, enforce within its jurisdiction all of this part, the building standards published in the State Building Standards Code, and the other rules and regulations adopted pursuant to this part pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. Each department and agency, as applicable, shall coordinate enforcement activities with each other and interested departments and agencies in order to avoid unnecessary duplication.
(b) Notwithstanding subdivision (a), the health department of every city, county, or city and county, or any environmental agency authorized pursuant to Section 101275 may, in addition to the local building or housing department, if any, enforce within its jurisdiction the provisions of Section 17920.10 and shall coordinate enforcement activities with other interested departments and agencies in order to avoid unnecessary duplication.
(c) The State Department of Public Health may enforce Section 17920.10 if any local agency or department specified in subdivisions (a) and (b) enters into a written agreement, approved and published pursuant to local government procedures, with the State Department of Public Health to enforce that section, or provides the State Department of Public Health with a written request to enforce that section for a specific case following the identification of a lead poisoned child in that jurisdiction.
(Amended by Stats. 2013, Ch. 89, Sec. 3. (SB 488) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17962.

17962. The chief of any city or any county fire department or district providing fire protection services, and their authorized representatives, shall enforce in their respective areas all those provisions of this part, the building standards published in the State Building Standards Code relating to fire and panic safety, and those rules and regulations promulgated pursuant to the provisions of this part pertaining to fire prevention, fire protection, the control of the spread of fire, and safety from fire or panic.
(Amended by Stats. 1980, Ch. 118.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17964.

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 part, or an officer charged with the responsibility of carrying out this part, with the enforcement of this part, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to this part for the protection of the public health, safety, and general welfare as set forth in Section 17921. However, this section shall apply to the duties and responsibilities enumerated in Section 17962 only if, in the area involved, there is no city, county, or city and county fire department or district providing fire protection services. By March 1 of each year, the designated department or officer shall provide in writing to the department the name, address, telephone number, and contact person of the designated department or officer.
(Amended by Stats. 2000, Ch. 471, Sec. 8. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17965.

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 responsibility is not assigned to a local enforcement agency pursuant to Section 17960, 17961, or 17961.5, the department shall enforce all the applicable provisions of this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated by the department pursuant to the provisions of this part, or alternative standards adopted by a city or county pursuant to this part, pertaining to apartment houses, hotels, or dwellings.
(Amended by Stats. 1979, Ch. 1152, Sec. 87.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17966.

17966. Cities or counties or fire protection districts may contract with the department for assistance by the department in the enforcement of the applicable provisions of this part, the building standards published in the State Building Standards Code, and the other rules and regulations promulgated pursuant to the provisions of this part within such cities or counties. Such contracts shall contain provisions for the payment of the costs of such enforcement, or portions thereof, as may be determined by the department.
(Amended by Stats. 1979, Ch. 1152, Sec. 88.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 1 - Enforcement Agencies › Section 17967.

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 in the State Building Standards Code and the other rules and regulations promulgated pursuant to the provisions of this part and secure from them reports and copies of their records at any time. The department shall pay the cost of duplicating such records.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2 - Inspection › Section 17970.

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 prevent a violation of, any provision of this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of this part which the enforcement agency has the power to enforce.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2 - Inspection › Section 17970.7.

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 enforcement officer has determined that a unit is substandard pursuant to Section 17920.3, or is in violation of Section 17920.10, and the inspector or code enforcement officer determines that the defects or violations have the potential to affect other units of the building.
(b) The policies and procedures developed pursuant to subdivision (a) shall meet all of the following requirements:
(1) Include criteria that inspectors or code enforcement officers shall use to determine if the substandard condition could reasonably affect other units, taking into account factors, including, but not limited to, the building type, age, size, type of construction, cause of the substandard condition, and history of violations.
(2) Require inspectors or code enforcement officers to reasonably attempt to inspect additional units at the property, including at least units adjacent to, above, and below the unit in which the defect or violation was found, consistent with existing law and inspection practices.
(3) Allow for the inspection of all of the units on the premises if severe, buildingwide defects or violations are found.
(c) (1) Upon determining that a substandard condition in a unit could reasonably affect other units, the local enforcement agency shall provide the property owner with a notice or order to repair or abate within a reasonable time after the inspection is completed.
(2) The local enforcement agency shall advise the owner or operator of each known violation and of each action required to remedy the violation and schedule a reinspection to verify correction of the violations.
(Added by Stats. 2023, Ch. 744, Sec. 1. (AB 548) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2 - Inspection › Section 17971.

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, or perform any work required to be done pursuant to this part, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of this part.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2 - Inspection › Section 17972.

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 succeeding day, without the consent of the owner or of the occupants of the dwelling, nor enter any dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order.
(Added by Stats. 1961, Ch. 1844.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.

17974. For purposes of this article:
(a) “Department” means the Department of Housing and Community Development.
(b) (1) “Homeless shelter” means any of the following:
(A) An emergency shelter, as defined in Section 576.2 of Title 24 of the Code of Federal Regulations.
(B) An emergency shelter, as defined in subdivision (e) of Section 50801.
(C) A navigation center, as defined in Section 50216.
(2) “Homeless shelter” does not include emergency shelters that are funded by the program commonly referred to as Project Roomkey administered by the State Department of Social Services.
(c) “Local agency” means any city, including a charter city, county, or city and county.
(d) “State agency” means the Business, Consumer Services, and Housing Agency.
(e) “State funding” means any grant, loan, or other type of financial assistance awarded to a homeless shelter on or after July 1, 2021, from the following sources:
(1) The Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with Section 50216) of Part 1 of Division 31).
(2) Future one-time state funding for homelessness services.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.2.

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 this article.
(b) An owner or operator of a homeless shelter shall correct each violation within 30 days of receipt of the citation. The city or county, in its sole discretion, may grant the owner or operator a 30-day extension to correct a violation.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.3.

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 construed to affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code.
(b) An action to enforce the requirements of this article may be brought pursuant to Section 1085 of the Code of Civil Procedure.
(c) For purposes of Section 1085 of the Code of Civil Procedure, the requirements of this article shall be construed as acts that the law specially enjoins, as a duty resulting from an office, trust, or station.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.4.

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 timelines to correct a violation under this article, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part, may be liable for a civil penalty in an amount determined by the city or county for each violation or for each day of a continuing violation.
(b) The city or county shall not award or distribute state funding to the owner or operator of a homeless shelter for purposes of operating the shelter, if the city or county determines that any of the following exist:
(1) The owner or operator fails to correct a violation within the time period specified in Section 17974.2.
(2) The owner or operator has failed to correct violations in a timely manner on multiple occasions.
(3) The owner or operator has been cited for a violation that is an imminent threat to the health and safety of the occupants of the homeless shelter and the owner or operator fails to take sufficient action to correct the violation or prevent similar future violations.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.5.

17974.5. (a) (1) 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 information:
(A) Any pending uncorrected violations determined by the city or county, pursuant to Section 17974.1.
(B) Any determinations by the city or county that conditions exist or existed that make or made the homeless shelter dangerous, hazardous, imminently detrimental to life or health, or otherwise render the homeless shelter unfit for human habitation.
(C) A list of any emergency orders issued pursuant to paragraph (3) of subdivision (c) of Section 17974.1.
(D) A list of any owners or operators who received three or more violations within any six-month period.
(E) Any corrected violations from the prior year.
(2) A city or county shall not be required to submit a report pursuant to paragraph (1) if there are no outstanding violations or any violations corrected during the applicable period.
(b) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) If a city or county applies for state funding to support the ongoing operations of a homeless shelter, the city or county shall disclose to the state agency that administers the state funding the status of any unresolved violations pursuant to this article and the names of the homeless shelter owner or operator.
(d) The department or the state agency, may, pursuant to the reported information in subdivision (b), deem an owner or operator of a shelter ineligible for state funding for shelter operations.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.3 - Inspection of Homeless Shelters › Section 17974.6.

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 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.
(Added by Stats. 2021, Ch. 395, Sec. 1. (AB 362) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 13 - HOUSING › PART 1.5 - REGULATION OF BUILDINGS USED FOR HUMAN HABITATION › CHAPTER 5 - Administration and Enforcement › ARTICLE 2.5 - Tenant Relocation Assistance › Section 17975.

17975. 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 of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.
(Added by Stats. 2004, Ch. 473, Sec. 1. Effective January 1, 2005.)