Alternative Owner Builder Code Rules, AKA "Class K"

 

General information on California Alternative Owner Builder/ Limited Density Rural Dwelling/ Class K codes can be found on our Legalize Sustainability page. The Statutory Authority for these local ordinances, from state law, copied from the State Site, follows below:

 

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.

 

 

Building standards for enforced under this program in Title 25 California Code of Regulations –

 

Article 8. Regulations for Limited Density

Owner-Built Rural Dwellings

§ 74. Purpose.

The purpose of this article is to provide minimum requirements for the

protection of life, limb, health, property, safety, and welfare of the general

public and the owners and occupants of limited density owner-built rural dwellings

and appurtenant structures. It is also the expressed purpose

of this article to conform the regulations regarding the construction

and use of limited density, rural owner-built dwellings and appurtenant

Page 7 Register 2004, No. 26; 6-25-2004

§ 76 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25

structures to the requirements of Article J, Section J, of the California

State Constitution, and the statutes of the State of California which require

the department to consider the uniform model codes and amendments

thereto; and local conditions, among which are conditions of topography,

geography and general development: and to provide for the

health, safety and general welfare of the public in adopting building standards.

Any section, subsection, sentence, clause, or phrase of this article

if, for any reason, held to be unconstitutional, or contrary to California

statutes. such ruling shall not affect the validity of the remaining portions

of this article.

NOTE: Authority cited: Sections 17003.5. 17921,50061.5 and 50559. Health and

Safety Code. Reference: Section 17921, Health and Safety Code.

§ 76. Intent and Application.

The provisions of this article shall apply to the construction, enlargement,

conversion, alteration, repair, use, maintenance, and occupancy of

limited density owner-built rural dwellings and appurtenant structures.

It is the intent of this article that the requirements contained herein

shall apply to seasonally or permanently occupied dwellings, hunting

shelters, guest cottages, vacation homes, recreational shelters and detached

bedrooms located in rural areas.

NOTE: Authority cited: Sections 17003.5, ]7921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17921, Health and Safety Code.

§ 78. Definitions.

For the purposes of this article the following definitions shall apply:

"Limited density, rural dwelling." A "limited density, rural dwelling"

is any structure consisting of one or more habitable rooms intended or designed

to be occupied by one family with facilities for living and sleeping,

with usc restricted to rural areas that fulfill the requirements of this

article.

"Owner built."

(a) "Owner built" shall mean constructed by any person or family who

acts as the general contractor for, or the provider of, part or all of the labor

necessary to build housing to be occupied as the principal residence of

that person or family, and not intended for sale, lease, rent or employee

occupancy.

(b) For the purposes of this article the sale, lease, renting (see local authority

Section 82(b)) or employee occupancy of owner-built structures

in one year of issuance of a Certificate of Occupancy shall be presumptive

evidence that the structure was erected for the purpose of sale, lease,

or renting.

"Rural." For the purpose of this article only, "rural" shall mean those

unincorporated areas of counties designated and zoned by the appropriate

local agency for the application of this article. In defining "rural," the

agency shall consider local geographical or topographical conditions,

conditions of general development as evidenced by population densities

and availability of utilities or services, and such other conditions that the

agency deems relevant to its determination.

Suitable areas may include those wherein the predominate land usage

is forestry, timber production, agriculture, grazing, recreation, or conservation.

NOTE: Authority cited: Sections ]7003.5, 1792],5006].5 and 50559, Health and

Safety Code. Reference: Sections 17921 and 17922(b), Health and Safety Code.

§ 80. Local Standards.

Pursuant to Sections 17958, 17958.5, and 17958.7 of the Health and

Safety Code, the governing body of every jurisdiction in which there exist

rural areas displaying conditions appropriate for the application of this

article and designated as such by the appropriate local agency shall adopt

regulations imposing the same requirements as are contained in this article.

NOTE: Authority cited: Sections 17003.5, ]7921,5006].5 and 50559, Health and

Safety Code. Reference: Sections] 7958.2 and 17922(b), Health and Safety Code.

§ 82. Regulation of Use.

(a) For the purposes of this article the sale, lease, renting or employee

occupancy of owner-built structures within one year of the issuance of

a Certificate of Occupancy shall be presumptive evidence that the structure

was erected for the purpose of sale, lease or renting.

(b) The restrictions of this article on the sale, lease, renting, or employee

occupancy of these dwellings may be reasonably amended to be

more restrictive if the governing body determines that such an amendment

is necessary to ensure compliance with the intent of this article.

NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and

Safety Code. Reference: Sections 17921 and 17958.2. Health and Safety Code.

§ 84. Abatement of Substandard Buildings.

All structures or portions thereof which are determined by the enforcing

agency to constitute a substandard building shall be declared to be a

public nuisance and shall be abated by repair, rehabilitation, or removal

in accordance with Health and Safety Code Sections 17980 through

17995. In cases of extreme hardship to owner-occupants of the dwellings,

the appropriate local body should provide for deferral of the effective

date of orders of abatement.

NOTE: Authority cited: Sections 17003.5, ]7921, 50061.5 and 50559, Health and

Safety Code. Reference: Sections 17980 through 17995. Health and Safety Code.

§ 86. Petitions for Interpretations.

Any person or local agency may petition the Department for an interpretation

of any provision of this article. Petitions shall be submitted in

writing, after which the Department may consider such requests and the

Department may make a determination as to the meaning or intent of any

provision of this article with respect to the petition in question. The consideration

of petitions for interpretation shall be discretionary with the

Department.

NOTE: Authority cited: Sections] 70m.5, 1792],50061.5 and 50559, Health and

Safety Code. Reference: Section 17930, Health and Safety Code.

§ 88. Interpretation.

Interpretations by the Department as to the meaning, intent, or application

of the provisions of this article are not intended to preempt the exercising

of building or housing appeals processes established by Sections

17930-17932 of the Health and Safety Code, but are intended to facilitate

public understanding and the effective enforcement of this article.

NOTE: Authority cited: Sections 17003.5, ]7921,50061.5 and 50559, Health and

Safety Code. Reference: Section] 7930, Health and Safety Code.

§ 90. Notice of Findings.

The Department shall keep a record of all interpretations made by the

Commission which shall be available for review by the public or any governmental

agency and shall provide notice to the petitioner(s) of the Department's

findings.

NOTE: Authority cited: Sections] 7003.5, ]7921,5006].5 and 50559, Health and

Safety Code. Reference: Section 17930, Health and Safety Code.

§ 92. Recording.

No provision of this article is intended to prohibit or limit a local governing

body from establishing and enforcing reasonable regulations for

the recording of information regarding the materials, methods of construction,

alternative facilities, or other factors that may be of value in the

full disclosure of the nature of the dwelling and appurtenant structures.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section] 7958.5. Health and Safety Code.

§ 94. Violations.

The critical concern in the promulgation of this article is to provide for

health and safety while maintaining respect for the law and voluntary

compliance with the provisions of this article, and therefore, in the event

that an order to correct a substandard condition is ignored, it is the intent

of this section that civil abatement procedures should be the first remedy

pursued by the enforcement agency.

NOTE: Authority cited: Sections 17003.5, 17921, 17980, 50061.5 and 50559,

Health and Safety Code. Reference: Section 17980, Health and Safety Code.

§ 96. Permits.

Permits shall be required for the construction of rural dwellings and

appurtenant structures. The application, plans, and other data filed by an

applicant for such permit shall be reviewed by the appropriate enforcement

agency to verify compliance with the provisions of this article.

When the enforcement agency determines that the permit application and

other data indicate that the structure(s) will comply with the provisions

of this article, the agency shall issue a permit therefore to the applicant.

EXEMPTIONS: Permits shall not be required for small or unimportant work. or alterations

or repairs that do not present a health or safety hazard, and which are in conformance

with local zoning requirements or property standards. The determination.

if any, of what work is properly classified as small or unimportant or without

relation to health and safety hazards is to be made by the appropriate local agencies.

NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559. Health and

Safety Code. Reference: Section 17922(b), Health and Safety Code.

§ 98. Application.

To obtain a permit, the applicant shall first file an application therefore

with the designated enforcement agency. Permit applications shall contain

the following information: (1) name and mailing address of the applicant;

(2) address and location of the proposed structure(s); (3) a general

description of the structure(s) which shall include mechanical installations

with all clearances and venting procedures detailed, electrical installations,

foundation, structural, and construction details; (4) a plot plan

indicating the location of the dwelling in relation to property lines, other

structures, sanitation and bathing facilities, water resources, and water

ways; (5) approval for the installation of a private sewage disposal system

or alternate waste disposal means from the local health enforcement

agency; (6) a stipulation by the applicant that the building or structure is

to be owner-built; (7) the signature of the owner or authorized agent; (8)

the use or occupancy for which the work is intended; (9) and any other

data or information as may be required by statute or regulation.

NOTE: Authority cited: Sections 17003.5, 17921.50061.5 and 50559, Health and

Safety Code. Reference: Section 17922(b), Health and Safety Code.

§ 100. Plans.

Plans shall consist of a general description of the structure(s), including

all necessary information to facilitate a reasonable judgment of conformance

by the enforcing agency. This may include a simplified diagram

of the floor plan and site elevation in order to determine the

appropriate dimensions of structural members. Architectural drawings

and structural analyses shall not be required except for structures of complex

design or unusual conditions for which the enforcement agency cannot

make a reasonable judgment of conformance to this article based

upon the general description and simplified planes).

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17951 (d), Health and Safety Code.

§ 102. Waiver of Plans.

The enforcement agency may waive the submission of any plans if the

agency finds that the nature of the work applied for is such that the reviewing

of plans is not necessary to obtain compliance with this article.

NOTE: Authority cited: Sections 17003.5, 17921, 50061.5 and 50559, Health and

Safety Code. Reference: Section 17951 (d), Health and Safety Code.

§ 104. Modifications.

Modifications to the design, materials, and methods of construction

are permitted, provided that the structural integrity of the building or

structure is maintained, the building continues to conform to the provisions

of this article and the enforcement agency is notified in writing of

the intended modification.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17951, Health and Safety Code.

§ 106. Permit Validity.

Permits shall be valid, without renewal, for a minimum period of three

years.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17921, Health and Safety Code.

§ 108. Inspections.

All construction or work for which a permit is required may be subject

to inspection by the designated enforcement agency. If an inspection is

required, the inspection of the building or structure(s) shall be conducted

after the structure(s) is completed and ready for occupancy, in order to

determine compliance with the provisions of this article. Structures of

conventional or simple construction shall be inspected at a single inspection.

NOTE: Authority cited: Sections 17003.5. 17921,50061.5 and 50559. Health and

Safety Code. Reference: Section 17970, Health and Safety Code.

§ 110. Special Inspections.

Additional inspections may be conducted under the following circumstances:

An inspection may be conducted where there is a reasonable expectation

that the footing will be subjected to serious vertical or lateral

movement due to unstable soil conditions; or the application indicates

that interior wall coverings or construction elements will conceal underlying

construction, electrical or mechanical systems; or where an unconventional

construction method is indicated which would preclude examination

at a single inspection.

NOTE: Authority cited: Sections 17003.5, 17921.50061.5 and 50559, Health and

Safety Code. Reference: Sections 17970, 17953, 17954 and 17955, Health and

Safety Code.

§ 112. Inspection Waivers.

Inspections may be waived by the enforcement agency for structures

which do not contain electrical or mechanical installations or for alterations,

additions, modifications, or repairs that do not involve electrical

or mechanical installations; or where the applicant stipulates in writing

that the work has been conducted in compliance with the permit application

and the provisions of this article.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17970. Health and Safety Code.

§ 114. Inspection Requests and Notice.

It shall be the duty of the applicant to notify the enforcement agency

that the construction is ready for inspection and to provide access to the

premises. Inspections shall be requested by the applicant at least (48)

hours in advance of the intended inspection. It shall be the duty of the enforcement

agency to notify or inform the applicant of the day during

which the inspection is to be conducted.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17970, Health and Safety Code.

§ 116. Certificate of Occupancy.

After the structure(s) is completed for occupancy and any inspections

which have been required by the enforcing agency have been conducted,

and work approved, the enforcement agency shall issue a Certificate of

Occupancy for such dwelling(s) and appurtenant structure(s) which

comply with the provisions of this article.

NOTE: Authority cited: Sections 17003.5. 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17958, Health and Safety Code.

§ 118. Temporary Occupancy.

The use and occupancy of a portion or portions of a dwelling or appurtenant

structure prior to the completion of the entire structure shall be allowed,

provided that approved sanitary facilities are available at the site

and that the work completed does not create any condition to an extent

that endangers life, health or safety of the public or occupants. The occupants

of any such uncompleted structure shall assume sole responsibility

for the occupancy of the structure or portion thereof.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17921, Health and Safety Code.

§ 120. Fees.

Fees may be required and collected by the enforcement agency to provide

for the cost of administering the provisions of this article. It is the

intent of this article that permit and inspection fee schedules be established

to reflect the actual inspection and administrative costs resulting

from the application of this article.

NOTE: Authority cited: Sections 17003.5, 17921, 17952(b), 50061.5 and 50559,

Health and Safety Code. Reference: Sections 17951 and 17952(b), Health and

Safety Code.

§ 122. General Requirements.

(a) Each structure shall be constructed in accordance with applicable

requirements contained in Subchapter 2-12, Title 24, California Code of

Regulations. .

(b) Each structure shall be maintained in a sound structural condition

to be safe, sanitary, and to shelter the occupants from the elements.

Page 9 Register 2004, No. 26; 6-25-2004

§ 124 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 25

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Sections 17921 and 17922, Health and Safety Code.

HISTORY

I. Change without regulatory effect amending subsection (a) filed 6-23-2004 pursuant

to section 100, title 1, California Code of Regulations (Register 2004, No.

26).

§ 124. Intent of General Requirements.

It shall be the purpose and intent of this article to permit the use of ingenuity

and preferences of the builder, and to allow and facilitate the use

of alternatives to the specifications prescribed by the uniform technical

codes to the extent that a reasonable degree of health and safety is provided

by such alternatives, and that the materials, methods of construction,

and structural integrity of the structure shall perform in application

for the purpose intended. To provide for the application of this article, it

shall be necessary for the enforcement agency to exercise reasonable

judgment in determining the compliance of appropriate structures with

the general and specific requirements of this article.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Sections 17921 and 17923, Health and Safety Code.

§ 126. Technical Codes to Be a Basis of Approval.

Except as otherwise required by this article, dwellings and appurtenant

structures constructed pursuant to this part need not conform with the

construction requirements prescribed by the latest applicable editions of

the Uniform Building, Plumbing, and Mechanical Codes, the National

Electrical Code, or other applicable technical codes; however, it is not the

intent of this section to disregard nationally accepted technical and scientific

principles relating to design, materials, methods of construction, and

structural requirements for the erection and construction of dwelling and

appurtenant structures as are contained in the uniform technical codes.

Such codes shall be a basis for approval.

NOTE: Authority cited: Sections 17003.5, 17921. 50061.5 and 50559, Health and

Safety Code. Reference: Section 17922, Health and Safety Code.

§ 128. Mechanical Requirements.

Fireplaces, heating and cooking appliances, and gas piping installed

in buildings constructed pursuant to this article, shall be installed and

vented in accordance with the applicable requirements contained in the

California Mechanical Code, Part 4, Title 24, California Code of Regulations.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17922, Health and Safety Code.

HISTORY

1. Change without regulatory effect amending section filed 6-23-2004 pursuant

to section 100, title 1, California Code of Regulations (Register 2004, No. 26).

§ 130. Electrical Requirements.

No dwelling or appurtenant structure constructed pursuant to this article

shall be required to be connected to a source of electrical power, or

wired, or otherwise fitted for electrification, except as set forth in Section

132.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17922, Health and Safety Code.

§ 132. Installation Requirements.

Where electrical wiring or appliances are installed, the installation

shall be in accordance with the applicable requirements contained in the

California Electrical Code, Part 3, Title 24, California Code of Regulations.

Exceptions to Installation Requirements. In structures where electrical

usage is confined to one or more rooms of a structure, the remainder of

the structure shall not be required to be wired or otherwise fitted for electrification

unless the enforcement agency determines the electrical demands

are expected to exceed the confinement and capacity of that

room(s). In these instances, the enforcement agency may require further

electrification of the structure.

It is 'the intent of this subsection to apply to buildings in which there

exists a workshop, kitchen, or other single room which may require electrification,

and where there is no expectation of further electrical demand.

The enforcement agency shall, at the time of a permit application

or other appropriate point, advise the applicant of the potential hazards

of violating this section.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17922, Health and Safety Code. •

HISTORY

1. Change without regulatory effect amending section filed 6-23-2004 pursuant

to section 100, title 1, California Code of Regulations (Register 2004, No. 26).

§ 134. Plumbing Requirements.

Plumbing equipment and installation shall be in accordance with the

applicable requirements contained in the California Plumbing Code, Part

5, Title 24, California Code of Regulations applicable to the construction

of limited density owner-built rural dwellings.

NOTE: Authority cited: Sections 17003.5, 17921,50061.5 and 50559, Health and

Safety Code. Reference: Section 17922, Health and Safety Code.

HISTORY

1. Change without regulatory effect amending section filed 6-23-2004 pursuant

to section 100, title I, California Code of Regulations (Register 2004, No. 26).

 

 

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