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State law?????????????

charlie

Member
Joined
Jan 31, 2011
Messages
24
Would anyone know if California actually has a state law requiring every jurisdiction to have a building offical and if so where do I find this law and is that official required to be certified?
 
I do not believe that it is stated that way.

In the event that a local jurisdiction did not have a building department the Division of Housing and Community Development would step in and enforce the residential building code regulations. The state fire marshall and other state agencies would also have authority to enforce those code provisions within their jurisdiction. It is not clear what would happen to enforcement of code provisions not under the authority of a state agency.

Whether a jurisdiction had a building department or not the CBC would still apply to all construction. Since the CBC assumes there is a building official it could be argued that this requires the jurisdiction to appoint a building official.

There is a requirement that the building official, unless grandfathered in, be a licensed architect or professional engineer. My understanding is that there is no legal requirement that the building oficial have additional certifications.
 
charlie said:
Would anyone know if California actually has a state law requiring every jurisdiction to have a building offical
It is part of the Health and Safety laws, Like police and fire, if a jurisdiction does not have one the County must fill in. Talk to the "jurisdictions" legal advisor.
 
Mark

The statutes are now located in H&S 18949.25 through 18949.31

Please show where it says the county must fill in. Note that CBC Section 1.11.2.1.1 has provisions for the State Fire Marshall directly enforcing certain provisions when no local jurisdiction. I remember reading somewhere in the statutes that HCD has the authority to enforce code for residential occupancies. If the county had an obligation to profide a building department why would we need these provisions.

I believe that you will find that all counties have building departments so I would believe the issue to be moot.

As I understand it there was a time, likely in the 70's, where HCD threatened to directly enforce the building provisions for residences unless the jurisdictions had a building department. My understanding is that this was the reason several counties formed a building department.
 
You waited till Friday after all the governmental agencies closed before asking this question?

Am not a lawyer, as I said before talk to you local jurisdictional attorney/ adviser.

State law requires that all cities and counties in California enforce the building codes as mandated by the California Building Standards, Local “general law” jurisdictions are an extension of County government, which is required to enforce the health and safety laws, talk to you local jurisdictional attorney/ adviser.
 
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California HEALTH AND SAFETY CODE

SECTION 19850-19853

SECTION 19955-19959.5

SECTION 19120-19124

SECTION 17910-17913

SECTION 17950-17959.6

SECTION 19965-19977

SECTION 19835-19837

SECTION 114380-114387

19958. The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county.

SECTION 17960-17967

17960. The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code,

HEALTH AND SAFETY CODE

SECTION 9525-9528

9525. The building department of every city or city and county shall enforce the provisions of this part within such city or city and county. "Building department" or "department" means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection, construction or alteration of buildings.

9526. The department, officer or officers of a county who are charged with the enforcement of laws or ordinances regulating the erection, construction or alteration of buildings, shall enforce the provisions of this part within such county but outside the territorial limits of any city.

9527. Any city or county may, by ordinance, designate any department or officer to enforce any portion of this part.

9528. In any city where there is no department or officer charged with or designated for the enforcement of this part, the appropriate department, officer or officers of the county in which such city is located shall enforce this part.

In any county where there is no department or officer charged with or designated for the enforcement of this part, this part shall be enforced by the county engineer, if there is a county engineer, and if not, then by the county surveyor.

19123. In any city where there is no department or officer charged with or designated for the enforcement of this chapter, the appropriate department, officer, or officers of the county in which such city is located shall enforce this chapter.

In any county where there is no department or officer charged with or designated for the enforcement of this chapter, this chapter shall be enforced by the county engineer, if there is a county engineer, and if not, then by the county surveyor.
 
While there is a clear assumption that there be a building department there is some confusion as to the scope of what the building department is required to enforce. My initial reading of the code sections suggests that these requirements apply to limited building occupancies. Several of the references are clearly limited to residential occupancies.

I find H&S 19100(b) interesting since it specifically excludes single family dwellings that are not located in a city or city-county (think San Francisco). Thus it is suggested that unless there is some other requirement the county building department has no authority to require building permits for single family dwellings not located in a city.
 
Mark I do not think you understand the difference between "General Law" cities and "Charter" cities.

If you don't understand the difference, You need to talk to your attorney.
 
I understand the difference between General Law cities and Charter cities but am not clear why you feel it is relevant. The Calif League of Women Voters suggests that the distinction between the two forms of city authority have become blurred because the state has given General Law cities similar control over internal matters.

In any case my understanding is that building regulation is a statewide concern and not a municipal concern. It is well established by appeals court rulings that a key reason for establishing a state building code is to provide uniformity in building regulations. This would be inconsistent with local jurisdictions being given unlimited authority to adopt local building regulations.
 
Mark & Mark K -

I'm interested to see what you find out. According to H&s Code Section 18967 or 18949.27, I am a "BO". I possess several certs and an AS in Building Inspection Technology but no engineering/architectural degree. I am a one person department, hence the status question. :confused:

My former boss (retired '06) was the Director of Public Works & the BO. Current boss is the Director of Public Works for the City and the CAO for the County (50/50). He is not qualified as a BO nor does he want that title.

Politically, I would like some type of argument to go before City Council and be appointed BO. Why do I want a bigger headache with no money? Dunno, guess I have just lost my mind......... Clear as mud? :mrgreen:
 
Alias

I am having difficulty in finding the source but I remember reading that a building official in California must be a licensed architect or engineer. Exempted are those individuals in the position when the law was passed. Suggest that you contact CALBO to find the actual requirements since there may be an exception if your supervisor is licensed.

If you find the reference please post it.
 
2010 California Code Health and Safety Code

Chapter 7. Construction Inspectors,plans Examiners, And Building Officials

HEALTH AND SAFETY CODE

SECTION 18949.25-18949.31

18949.25. For purposes of this chapter, "construction inspector"

means any person who is hired or contracted by a local agency in a

temporary or permanent capacity for the purpose of inspecting

construction for structural, seismic safety, fire and life safety, or

building system requirements of adopted uniform codes or standards,

as applied to residential, commercial, or industrial buildings.

18949.26. For purposes of this chapter, "plans examiner" means any

person who is hired or contracted by a local agency in a temporary or

permanent capacity for the purpose of performing construction plan

review for structural, seismic safety, fire and life safety, or

building system requirements of adopted uniform codes or standards,

as applied to residential, commercial, or industrial buildings.

18949.27. For purposes of this chapter, "building official" means

the individual invested with the responsibility for overseeing local

code enforcement activities, including administration of the building

department, interpretation of code requirements, and direction of

the code adoption process.

18949.28. (a) All construction inspectors, plans examiners and

building officials who are not exempt from the requirements of this

chapter pursuant to subdivision (b), or previously certified, shall

complete one year of verifiable experience in the appropriate field,

and shall, within one year thereafter, obtain certification from a

recognized state, national, or international association, as

determined by the local agency. The area of certification shall be

closely related to the primary job function, as determined by the

local agency.

(b) Any person who is currently and has continuously been employed

as a construction inspector, plans examiner, or building official

for not less than two years prior to the effective date of this

section shall be exempt from the certification provisions of this

section, unless and until that person obtains employment as a

construction inspector, plans examiner, or building official with a

different employer.

© Nothing in this article is intended to prohibit a local agency

from prescribing additional criteria for the certification of

construction inspectors, plans examiners, or building officials.

(d) Nothing in this chapter, as it relates to construction

inspectors, plans examiners, or building officials, shall be

construed to alter the requirements for licensure, or the

jurisdiction, authority, or scope of practice, of architects pursuant

to Chapter 3 (commencing with Section 5500) of Division 3 of the

Business and Professions Code, professional engineers pursuant to

Chapter 7 (commencing with Section 6700) of Division 3 of the

Business and Professions Code, or land surveyors pursuant to Chapter

15 (commencing with Section 8700) of Division 3 of the Business and

Professions Code.

18949.29. (a) All construction inspectors, plans examiners, and

building officials shall complete a minimum of 45 hours of continuing

education for every three-year period, with at least eight hours

regarding disability access requirements pursuant to subdivision (d).

A local government may charge or increase inspection fees to the

extent necessary to offset any added costs incurred in complying with

this section.

(b) Providers of continuing education may include any

organizations affiliated with the code enforcement profession,

community colleges, or other providers of similar quality, as

determined by the local agency.

© For purposes of this section, "continuing education" is

defined as that education relating to the enforcement of Title 24 of

the California Code of Regulations, and any other locally enforced

building and construction standards, including, but not limited to,

the model uniform codes adopted by the state. When a local agency

selects a model code organization as a provider of continuing

education or certification programs regarding the enforcement of a

model code adopted by the state, the local agency shall give

preference to the organization responsible for promulgating or

drafting that model code.

(d) Continuing education regarding disability access requirements

shall include information and practical guidance concerning

requirements imposed by the Americans with Disabilities Act of 1990

(Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that

govern access to public facilities, and federal and state regulations

adopted pursuant to those laws. Continuing education provided

pursuant to this subdivision shall be presented by trainers or

educators with knowledge and expertise in these requirements.

18949.30. This chapter does not apply to a registered professional

engineer, licensed land surveyor, or licensed architect rendering

construction inspection services, plan examination services, or

building official services within the scope of his or her

registration or licensure, except that this chapter applies to a

registered professional engineer, licensed land surveyor, or licensed

architect who is an employee of a local agency. This chapter does

not apply to a construction inspector or plans examiner employed by

any city or county fire department or district providing fire

protection services.

18949.31. The local agency shall bear the costs of certification,

certification renewal, and continuing education, as mandated by this

chapter. The local agency may impose fees, including, but not limited

to, fees for construction inspection and plan checks, which may be

used to cover the costs of compliance with this chapter. A local

agency's actual costs of compliance with this chapter may include,

but are not limited to, training and certification courses,

certification exam and renewal fees, employee salary during training

and certification courses, and mileage and other reimbursable costs

incurred by the employee. The fees imposed to cover the costs of

compliance with this chapter shall reflect these actual costs, and

are not limited by Chapter 5 of Division 1 of Title 7.
 
http://www.documents.dgs.ca.gov/bsc/documents/2012/It's-Your-Blg-Dept-Booklet.pdf

The Building Standards Commission has a new educational document titled It's Your Building Department available on their website. This booklet contains information for elected officials and executive managers in local government on the responsibilities of a building department. The booklet may be read or printed from the BSC website.
 
mark handler said:
18949.27. For purposes of this chapter, "building official" means

the individual invested with the responsibility for overseeing local

code enforcement activities, including administration of the building

department, interpretation of code requirements, and direction of

the code adoption process.
Mark -

Yep, found that part of H&S and yep, it fits my job description. The glitch comes when you get to the next section, it is unobtainable for me in this jurisdiction. There are no funds for me to take the certification tests. I live in the "other California", permanently economically depressed (read - extremely rural). :cowboy

I just wish I could be compliant with the CA rules & regs.
 
Mark K said:
AliasI am having difficulty in finding the source but I remember reading that a building official in California must be a licensed architect or engineer. Exempted are those individuals in the position when the law was passed. Suggest that you contact CALBO to find the actual requirements since there may be an exception if your supervisor is licensed.

If you find the reference please post it.
Thanks Mark K, and I will if I find it.

Sue
 
Appendix A must be adopted by the local jurisdiction before it is applicable thus effectively leaving qualifications up to the local jurisdiction. This does not answer the question of whether there is any limitations on who can be a building official.

The references to the IBC in Section A102 as opposed to the CBC might cause difficulties.
 
The California Board for Professional Engineers and Land Surveyors has a useful guide for building officials. http://www.pels.ca.gov/pubs/local_officials_guide.pdf

On page 15 of the above noted guide they make the point that ".. if the level of review done during plan checking involves the exercise of professional engineering discretion and independent engineering judgements, analyses, and determinations by the plan checker, then the plan checing would rise to the level of professional engineering and would have to be performed by, or under under the responsible charge of, an appropriately licensed engineer."

Business and Professions Code Section 6730.2 states that the individuals responsible charge of engineering work in cities or counties shall be registered engineers.

While this does not explicitly require the building official be a registered design professional, the powers of a non-licensed design professional would be limited since he or she would not be able to authorize alternate methods of complience (CBC Sections 1.8.7 and 104.11) on his or her own authority.
 
California Civil Code Section 55.53 requires local government to employ or retain the services of at least one building inspector who is a Certified Access Specialist on and after July 1, 2010. The Division of the State Architect administered the Certified Access Specialist program, including the examination, pursuant to Government Code Section 4459.5. Further, this state law requires that a sufficient number of

17

building plan examiners and inspectors are employed or retained to carry out plan reviews and inspections for enforcement of accessibility codes by July 1, 2014.
 
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