California Code Transition 2014

Our firm is currently working on four multi-family projects under the current CBC and we're receiving conflicting information about whether or not our permits, when issued in 2014 will have today's building code requirements grandfathered, or will be required to meet the 2014. This is particularly critical due to energy requirements and minimum threshold standards going up 25% according to our MEP's. Any feedback would be greatly appreciated.

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For awhile, the CA Statutes requires the access codes to be in compliance with the code in effect on the date of permit issuance, but this was corrected by DGS-sponsored legislation in about 1992. Realignment with other issues was essentially the only reasonable thing to do for reasons expresssed by "hil."

Originally Posted by Douglas Gibson AIA:

Our firm is currently working on four multi-family projects under the current CBC and we're receiving conflicting information about whether or not our permits, when issued in 2014 will have today's building code requirements grandfathered, or will be required to meet the 2014. This is particularly critical due to energy requirements and minimum threshold standards going up 25% according to our MEP's. Any feedback would be greatly appreciated.

Douglas,

The codes in effect at the time of application for building permit apply, unless there are codes enacted by the legislature that are considered emergency measures and can apply retroactively.

 

The law is as follows:

CA H&S Code 18938.5.  (a) Only those building standards approved by the commission {California Building Standards 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.

   (2) Paragraph (1) shall not apply to any of the following:

   (A) A city or county that has been subject to an emergency proclaimed pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8850) of Division 1 of Title 2 of the Government Code).

   (B) A permit that is subsequently deemed expired because the building or work authorized by the permit is not commenced within 180 days from the date of the permit, or the permittee has suspended or abandoned the work authorized by the permit at any time after the work is commenced.

   (C) A permit that is subsequently deemed suspended or revoked because the building official has, in writing, suspended or revoked the permit due to its issuance in error or on the basis of incorrect information supplied.

   (c) No model code made applicable to any additional occupancy shall apply to any project that has been submitted for a building permit prior to the effective date of that model code.

 

I agree it is based up on the date you submit for Building permits for the buildings, what often happens though is some body submits for site improvement plans or a grading permit and believes this is the applicable date and it is not. So it must be clear Building plans for building permits.

What specific and/or conflicting information are you getting, and from what source?

 

The law has always been (with certain exceptions) that designs must conform to the code in effect at the time plans are submitted (in acceptable form, in the opinion of the local AHJ)...  and not to laws that became effective as of the date(s) the construction permits are issued. 

 

This is especially important for projects that are large in scope, can be in processing for months (or even years), and which may have permits issued in phases/portions over a protracted time period. 

 

Can you imagine the scenario where a major high rise goes into plan check based on one set of codes, and then has to be re-designed to a new set of codes effective the day before the first permit is issued?   ...or what of a project that has one set of plans, but permits are issued for site, underground and foundation work at one time frame, but upper building permits are not pulled until months later?

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