e-Bulletin: 2007 California Building Standards Code is Applicable to All Occupancies as of January 1, 2008

The California Building Standards Code (California Code of Regulations, Title 24, Parts 1 through 12) (the "Code") contains California’s fire, life safety and structural safety standards.  The Code is based on uniform codes (e.g., the 2007 California Building Code is based on the 2006 International Building Code) with specific amendments adopted by the State, and is published in its entirety on a triennial basis, with yearly supplements.

On January 30, 2007, the State of California Building Standards Commission (“Commission”) adopted the Code which includes the 2007 California Building Code, Fire Code, Electrical Code, Plumbing Code, and Energy Code.  The Code was published by the Commission on July 1, 2007 and is applicable to all occupancies throughout the state 180 days from such date, or, January 1, 2008.

Although the California Building Code (California Code of Regulations, Title 24, Part 2) does set energy efficiency standards for buildings, some municipalities desire to set stricter standards relating to energy efficiency. Further, the California Building Standards Code does not currently address issues such as the design of building irrigation systems, the use of recycled construction materials, or the use of construction materials and low volatile organic compounds (VOCs).  

Local jurisdictions may make local amendments and adopt local versions of the Code.  However, such local amendments must be supported by express findings showing that the amendments are “reasonably necessary because of local climatic, geological, or topographical conditions.” (Health & Safety Code §§ 18941.5 and 17958.7.)  The amendments are neither effective nor operative until copies of the findings and amendments are filed with the State.  Local amendments to the State building standards that address global warming are also subject to this requirement. 

More restrictive energy efficiency standards may also require approval of the California Public Utility Commission if they involve energy generation.  In general, the State is disinclined to reject local amendments so long as the local jurisdiction is able to provide well reasoned findings that demonstrate a need for the amendment because of local conditions.  Such conditions need not be unique to the locality in order to be considered a “local climatic, geological, or topographical condition,” rather, they can be conditions that exists both locally and in other areas as well. 

Our attorneys have reviewed the new edition of the Code and will be ready to assist local agencies ties in the process of adopting local amendments in time to be applicable as of January 1, 2008 when the Code becomes effective State-wide.  While many cities are adopting local amendments to address global warming and other environmental concerns, the State is also considering ways to address global warming concerns and specifically, as the matter relates to building standards, the reduction of greenhouse gas emissions from structures.  Currently, the California Buildings Standards Commission is considering the addition of green building standards in a future adoption cycle.  A Green Building Code Advisory Committee has been established by the State for this purpose.  Our office is closely monitoring, and will keep our clients informed of the State's progress in developing State-wide green building standards.  In the meantime, local jurisdictions seeking to address global warming concerns at the local level still need to follow the process of making local amendments supported by findings.

BB&K’s “GREEN TEAM”

Since Governor Schwarzenegger signed the "California Global Warming Solutions Act" (AB 32) into law last year, many California public agencies and private businesses have sought BB&K’s advice on how to enhance community sustainability in their construction of public works projects, drafting of local building codes and regulatory compliance.  A dynamic cultural and political landscape regarding eco-friendly practices has created a legal field that seems to change daily.  The BB&K Sustainable Communities group (“Green Team”), comprised of attorneys in the firm’s Environmental & Natural Resources and Municipal & Redevelopment Law Practice Groups, closely tracks this area of law and applies its broad experience to develop creative solutions for its clients.

For more information on the 2007 California Building Standards Code or adopting local amendments, contact a member of BB&K’s Sustainable Communities group, or “Green Team”.

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Disclaimer: BB&K eBulletins are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communication. (c) 2007 Best Best & Krieger LLP