In This Issue:
2013 Legislation Update (enrolled and chaptered)
Water-Saving Plumbing Fixtures Required
New 2013 Edition of
New Code Adoption Cycle Starts
Stay in the Loop
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Oct 8, 2013: California Building Standards Commission public meeting has been cancelled. Watch the CBSC website for the next meeting.
Oct 16, 2013: DSA-administered Certified Access Specialist program examination. Applications must have been submitted on or before Sept. 20, 2013, and accepted by DSA. Examination sites are Rancho Cordova and Hawthorne. Watch this DSA page for 2014 application and examination dates.
Oct 21-24, 2013: CALBO Education Week South, in Ontario California: Details
Jan 1, 2014: Chaptered legislative bills become effective and the 2013 edition of the California Building Standards Code (Title 24, California Code of Regulations) becomes effective.
Did You Know?
Water-Saving Plumbing Fixtures Required
Did you know that noncompliant plumbing fixtures will be subject to replacement soon?
Beginning on January 1, 2014, when a permit is issued for the alteration or improvement to a single-family dwelling, noncompliant plumbing fixtures must be replaced with water-conserving fixtures as a condition of the issuance of a certificate of occupancy, or final approval. The responsibility is that of the permit holder, regardless of the type of alteration or improvement being made to the dwelling. This requirement is to be enforced by the local building department and can be found in Civil Code Section 1101.4.
Also on and after January 1, 2014, noncompliant plumbing fixtures must be replaced with water-conserving fixtures in multifamily residential real property and commercial real property, when a permit is issued and the result is an increase in floor area of 10% or greater, or when the construction valuation is greater than $150,000, or when a room is to be altered or improved and the room has noncompliant plumbing fixtures. The installation of the water-conserving plumbing fixtures is to be a condition of the issuance of the certificate of occupancy or final approval. This requirement of law must be enforced by the local building department. See our discussion about SB 745 in our legislative section.
There are a number of conditions and exemptions provided, so read Civil Code Sections 1101.2 through 1101.8 for all the details at the legislative website. You will notice that there are additional requirements coming in 2017 and 2019. Again, read SB 745 which is discussed briefly in our Legislative section.
What's Up with the State?
- The 2012 Triennial Code Adoption Cycle is complete and the resulting 2013 California Building Standards Code (Title 24, California Code of Regulations) is published and available for purchase. This new code becomes effective statewide on January 1, 2014. Online access to the 2013 California Electrical Code, California Mechanical Code and California Plumbing Code is available now at the California Building Standards Commission website. The other Parts of Title 24 are to be available soon.
- The California Building Standards Commission has announced the start of the 2013 Intervening Code Adoption Cycle. By law the Intervening Cycle is to occur between the Triennial Cycles. Any of the state agencies proposing new or amended building standards, or the repeal of building standards, must submit their proposals during December 2013 according to a CBSC timeline. Any proposals approved or adopted by the CBSC will be published as Supplements to the 2013 edition of Title 24. Traditionally, supplements have been printed on blue colored paper to highlight the code pages with changes. Any code changes resulting from the 2013 Intervening Code Adoption Cycle are planned to be effective on July 1, 2015.
- The California Building Standards Commission, along with the International Code Council, California Building Officials, and Stuart Tom, Chief Building Official, City of Glendale, recently presented a webinar on the code adoption process for local jurisdictions. View the presentation on YouTube or pdf.
Other News & Things to Remember
- Because the 2013 edition of Title 24 will be effective on January 1, 2014, remember the provisions of Health and Safety Code Section 18938.5, which reads in part:
(a) Only those building standards approved by the commission, and that are effective at the local level at the time an application for a building permit is submitted, shall apply to the plans and specifications for, and to the construction performed under, that building permit.
(b) (1) A local ordinance adding or modifying building standards for residential occupancies, which are published in the California Building Standards Code, shall apply only to an application for a building permit submitted after the effective date of the ordinance and to the plans and specifications for, and the construction performed under, that permit.
See the entire section for exceptions and additional detail at the state website.
- If you purchase the new 2013 edition of the California Building Standards Code (Title 24, California Code of Regulations) or any of its Parts, remember to register to receive published Errata and Supplements. Errata correct publishing errors, and Supplements include new or amended building standards, both with pages to be inserted into your code book.
- A legislative bill that is "enrolled" has passed out of the legislature and has been sent to the Governor for approval or veto. An enrolled legislative bill that becomes "chaptered", has been approved by the Governor, or was vetoed by the Governor and later approved by a legislative 2/3 override of the veto, and has been filed with the Secretary of State. The provisions of a chaptered bill become effective law on January 1 of the next year, unless the bill provides an earlier or later effective date.
Legislation of Interest to Building Departments
The last day for legislative bills to reach the Governor’s desk for this year was September 13, 2013. Several bills we followed during the past several months did not advance to the Governor’s desk but may continue through the process during the 2014 portion of the 2013/2014 legislative session. The Governor has 30 days to act on received bills. It can be said that there are no legislative bills this year that have major impact on building departments. In some cases the impact on building departments may be very minor or set off in the future.
The following bills have been approved by the Governor making the provisions effective January 1, 2014.
AB 221 (Chapter 154, Statutes of 2013): The definition of recycled concrete is revised for consistency among various codes and standards, including Title 24 Parts 2, the California Building Code, and Part 11, the California Green Building Standards Code.
AB 433 (Chapter 377, Statutes of 2013): Existing law provides that the installation of a fire protection system may be performed only by a contractor holding a fire protection contractor classification, or by an owner-builder of an owner-occupied, single-family dwelling. This bill adds that until January 1, 2017, the installation of a residential fire protection system in a one- or two-family dwelling may also be performed by a licensed plumbing contractor. This bill contains other related provisions.
SB 745 (Chapter 183, Statutes of 2013): Existing law in Civil Code Section 1101.5(d) required the replacement of all noncompliant plumbing fixtures in multifamily residential real property and commercial residential real property on and after January 1, 2014, under specified conditions. This requirement is modified by changing “commercial residential real property” to “commercial real property. See our Did You Know? section of this newsletter for more about this requirement.
SB 816 (Chapter 289, Statutes of 2013): This bill requires the Office of the State Fire Marshal to develop and adopt building standards for hospice facilities in consultation with the Office of Statewide Health Planning and Development and prohibits any local standards to be enforced that are inconsistent with the adopted building standards relating to fire and panic safety.
AB 1092 (Chapter 410, Statutes of 2013): Requires the Building Standard Commission and Department of Housing and Community Development to adopt mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential developments. Such standards are to be included in the 2016 Triennial edition of Title 24.
The following enrolled bills are still on the Governor's desk as we complete this newsletter.
AB 56: Proposes to require the State Fire Marshal to propose building standards by July 1, 2015, for the installation of carbon monoxide devices in public and private schools with specific equipment and conditions.
AB 341: Proposes to require cross referencing in the various parts of Title 24, to the existence of green building standards in Part 11 of Title 24, the California Green Building Standards Code (CALGreen). The bill includes other administrative requirements relating to green standards.
AB 980: Proposes to require the repeal of specific provisions in the 2013 California Building Standards Code that pertain to licensed clinics. This bill states the intent of the Legislature is that all primary care clinics, including primary care clinics that provide abortion services, be subject to the same licensing and building standards.
Our descriptions are abbreviated, so access the bills at the legislature's website.