Chapter 4. Application And Scope of California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 4.
The provisions of this part, the building standards
published in the State Building Standards Code, or the other rules
and regulations promulgated pursuant to the provisions of this part
which relate to apartment houses, hotels, motels, and dwellings, and
buildings and structures accessory thereto, apply in all parts of the
(a) The governing body of any county or city, including a
charter city, may prescribe fees for permits, certificates, or other
forms or documents required or authorized by this part or rules and
regulations adopted pursuant to this part.
(b) The governing body of any county or city, including a charter
city, or fire protection district, may prescribe fees to defray the
costs of enforcement required by this part to be carried out by local
(c) The amount of the fees prescribed pursuant to subdivisions (a)
and (b) shall not exceed the amount reasonably required to
administer or process these permits, certificates, or other forms or
documents, or to defray the costs of enforcement required by this
part to be carried out by local enforcement agencies, and shall not
be levied for general revenue purposes. The fees shall be imposed
pursuant to Section 66016 of the Government Code.
(d) If the local enforcement agency fails to conduct an inspection
of permitted work for which permit fees have been charged pursuant
to this section within 60 days of receiving notice of the completion
of the permitted work, the permittee shall be entitled to
reimbursement of the permit fees. The local enforcement agency shall
disclose in clear language on each permit or on a document that
accompanies the permit that the permittee may be entitled to
reimbursement of permit fees pursuant to this subdivision.
(e) (1) The provisions of this part are not intended to prevent
the use of any manufactured home, mobilehome, multiunit manufactured
home, material, appliance, installation, device, arrangement, or
method of construction not specifically prescribed by the California
Building Standards Code or this part, provided that this alternate
has been approved by the building department.
(2) The building department of any city or county may approve an
alternate material, appliance, installation, device, arrangement,
method, or work on a case-by-case basis if it finds that the proposed
design is satisfactory and that each such material, appliance,
installation, device, arrangement, method, or work offered is, for
the purpose intended, at least the equivalent of that prescribed in
the California Building Standards Code or this part in performance,
safety, and for the protection of life and health.
(3) The building department of any city or county shall require
evidence that any material, appliance, installation, device,
arrangement, or method of construction conforms to, or that the
proposed alternate is at least equivalent to, the requirements of
this part, building standards published in the California Building
Standards Code, or the other rules and regulations promulgated
pursuant to this part and in order to substantiate claims for
alternates, the building department of any city or county may require
tests as proof of compliance to be made at the expense of the owner
or the owner's agent by an approved testing agency selected by the
owner or the owner's agent.
(a) In the event of nonenforcement of this part, or the
building standards published in the California Building Standards
Code, or the other rules and regulations promulgated pursuant to the
provisions of this part, such provisions, building standards or other
rules and regulations shall be enforced by the department in any
city or county after the department has given written notice to the
governing body of that city or county or fire protection district, as
the case may be, of a violation of this part, those building
standards, or the other rules or regulations promulgated pursuant to
the provisions of this part and the city or county has failed to
initiate proceedings to secure correction of the violation within 30
days of the date of that notice. The city or county or fire
protection district may request a hearing before the department
pursuant to Section 17930 within the 30 days to show cause for
nonenforcement. Enforcement by the department shall not be initiated
until the decision of the department, adverse to the city or county
or fire protection district, is rendered.
(b) In the event of enforcement by the department pursuant to
subdivision (a), the costs incurred by the department for such
enforcement shall be borne by such city, or county, or city and
county, or fire protection district. The department may assess fees
to defray the costs of enforcement, thereby reducing the cost to be
borne by the city, county, city and county, or fire protection
district, but the department need not assess such fees and may not
require the city, county, city and county, or fire protection
district to assess fees to offset department costs.
Each city, county, and city and county shall enact an
ordinance which requires a preliminary soil report, prepared by a
civil engineer who is registered by the state, based upon adequate
test borings or excavations, of every subdivision, where a tentative
and final map is required pursuant to Section 66426 of the Government
The preliminary soil report may be waived if the building
department of the city, county or city and county, or other
enforcement agency charged with the administration and enforcement of
the provisions of this part, shall determine that, due to the
knowledge such department has as to the soil qualities of the soil of
the subdivision or lot, no preliminary analysis is necessary.
If the preliminary soil report indicates the presence of
critically expansive soils or other soil problems which, if not
corrected, would lead to structural defects, such ordinance shall
require a soil investigation of each lot in the subdivision.
The soil investigation shall be prepared by a civil engineer who
is registered in this state. It shall recommend corrective action
which is likely to prevent structural damage to each dwelling
proposed to be constructed on the expansive soil.
The building department of each city, county, or city and
county, or other enforcement agency charged with the administration
and enforcement of the provisions of this part, shall approve the
soil investigation if it determines that the recommended action is
likely to prevent structural damage to each dwelling to be
constructed. As a condition to the building permit, the ordinance
shall require that the approved recommended action be incorporated in
the construction of each dwelling. Appeal from such determination
shall be to the local appeals board.
A city, county, or city and county or other enforcement
agency charged with the administration and enforcement of the
provisions of this part, is not liable for any injury which arises
out of any act or omission of the city, county or city and county, or
other enforcement agency, or a public employee or any other person
under Section 17953, 17954, or 17955.
The governing body of any city, county, or city and county
may enact an ordinance prescribing an alternate procedure which is
equal to or more restrictive than the procedure specified in Sections
17953, 17954, and 17955.
Except as provided in Sections 17958.8 and 17958.9, any city
or county may make changes in the provisions adopted pursuant to
Section 17922 and published in the California Building Standards Code
or the other regulations thereafter adopted pursuant to Section
17922 to amend, add, or repeal ordinances or regulations which impose
the same requirements as are contained in the provisions adopted
pursuant to Section 17922 and published in the California Building
Standards Code or the other regulations adopted pursuant to Section
17922 or make changes or modifications in those requirements upon
express findings pursuant to Sections 17958.5 and 17958.7. If any
city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or
modifications in those requirements upon express findings, the
provisions published in the California Building Standards Code or the
other regulations promulgated pursuant to Section 17922 shall be
applicable to it and shall become effective 180 days after
publication by the California Building Standards Commission.
Amendments, additions, and deletions to the California Building
Standards Code adopted by a city or county pursuant to Section
17958.7, together with all applicable portions of the California
Building Standards Code, shall become effective 180 days after
publication of the California Building Standards Code by the
California Building Standards Commission.
Notwithstanding Sections 17922, 17958, and 17958.5, a city
or county may, by ordinance, permit efficiency units for occupancy
by no more than two persons which have a minimum floor area of 150
square feet and which may also have partial kitchen or bathroom
facilities, as specified by the ordinance. In all other respects,
these efficiency units shall conform to minimum standards for those
occupancies otherwise made applicable pursuant to this part.
"Efficiency unit," as used in this section, has the same meaning
specified in the Uniform Building Code of the International
Conference of Building Officials, as incorporated by reference in
Chapter 2-12 of Part 2 of Title 24 of the California Code of
(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
(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.
(a) All residential hotels, as defined by paragraph (1) of
subdivision (b) of Section 50519, shall provide a locking mail
receptacle for each residential unit, consistent with the applicable
standards for apartment housing mail receptacles in the United States
Postal Service Domestic Mail Manual. Installation and maintenance of
each mail receptacle shall meet all of the specifications and
requirements of the United States Postal Service.
(b) Notwithstanding the date of construction of the residential
hotel, each mail receptacle shall comply with the requirements of the
Fair Housing Act (42 U.S.C. Sec. 3601).
(c) Notwithstanding Sections 17922, 17958, and 17958.5, a city,
county, or city and county may enact and enforce ordinances which
provide greater protections, additional standards, and increased
remedies with respect to the provision of a locking mail receptacle
for each residential unit in a residential hotel.
(d) This section shall become operative on July 1, 2008.
(a) Any city, county, or city and county, may, by
ordinance, establish a date by which all residential real property
with security window bars on bedroom windows shall meet current state
and local requirements for safety release mechanisms on security
window bars consistent with the applicable standards in the 1995
edition of the California Building Standards Code, or, for safety
release mechanisms on security window bars installed on or after
January 1, 2008, the current edition of the California Building
Standards Code, and any changes thereto made by the city, county, or
city and county pursuant to Section 17958.
(b) Disclosures of the existence of any safety release mechanism
on any security window bar shall be made in writing, and may be
included in existing transactional documents, including, but not
limited to, a real estate sales contract or receipt for deposit, or a
transfer disclosure statement pursuant to Section 1102.6 or 1106.6a
of the Civil Code.
(c) Enforcement of an ordinance adopted pursuant to subdivision
(a) shall not apply as a condition of occupancy or at the time of any
transfer that is subject to the Documentary Transfer Tax Act, Part
6.7 (commencing with Section 11901) of the Revenue and Taxation Code.
Except as provided in Section 17922.6, in adopting the
ordinances or regulations pursuant to Section 17958, a city or county
may make those changes or modifications in the requirements
contained in the provisions published in the California Building
Standards Code and the other regulations adopted pursuant to Section
17922, including, but not limited to, green building standards, as it
determines, pursuant to the provisions of Section 17958.7, are
reasonably necessary because of local climatic, geological, or
For purposes of this section, a city and county may make
reasonably necessary modifications to the requirements, adopted
pursuant to Section 17922, including, but not limited to, green
building standards, contained in the provisions of the code and
regulations on the basis of local conditions.
(a) Except as provided in Section 17922.6, the governing
body of a city or county, before making any modifications or changes
pursuant to Section 17958.5, shall make an express finding that such
modifications or changes are reasonably necessary because of local
climatic, geological or topographical conditions. Such a finding
shall be available as a public record. A copy of those findings,
together with the modification or change expressly marked and
identified to which each finding refers, shall be filed with the
California Building Standards Commission. No modification or change
shall become effective or operative for any purpose until the finding
and the modification or change have been filed with the California
Building Standards Commission.
(b) The California Building Standards Commission may reject a
modification or change filed by the governing body of a city or
county if no finding was submitted.
Local ordinances or regulations governing alterations and
repair of existing buildings shall permit the replacement, retention,
and extension of original materials and the use of original methods
of construction for any building or accessory structure subject to
this part, including a hotel, lodginghouse, motel, apartment house,
or dwelling, or portions thereof, as long as the portion of the
building and structure subject to the replacement, retention, or
extension of original materials and the use of original methods of
construction complies with the building code provisions governing
that portion of the building or accessory structure at the time of
construction, and the other rules and regulations of the department
or alternative local standards governing that portion at the time of
its construction and adopted pursuant to Section 13143.2 and the
building or accessory structure does not become or continue to be a
Local ordinances or regulations governing the moving of
apartment houses and dwellings shall, after July 1, 1978, permit the
retention of existing materials and methods of construction so long
as the apartment house or dwelling complies with the building
standards for foundation applicable to new construction, and does not
become or continue to be a substandard building.
(a) Any city or county may adopt alternative building
regulations for the conversion of commercial or industrial buildings,
or portions thereof, to joint living and work quarters. As used in
this section, "joint living and work quarters" means residential
occupancy by a family maintaining a common household, or by not more
than four unrelated persons, of one or more rooms or floors in a
building originally designed for industrial or commercial occupancy
which include (1) cooking space and sanitary facilities in
conformance with local building standards adopted pursuant to Section
17958 or 17958.5 and (2) adequate working space reserved for, and
regularly used by, one or more persons residing therein.
The alternative building regulations adopted pursuant to this
section shall be applicable in those geographic areas specifically
designated for such occupancy, or as expressly permitted by a
redevelopment plan with respect to a redevelopment project area. The
alternative building regulations need not impose the same
requirements as regulations adopted pursuant to Section 17922, except
as otherwise provided in this section, but in permitting repairs,
alterations, and additions necessary to accommodate joint living and
work quarters, the alternative building regulations shall impose such
requirements as will, in the determination of the local governing
body, protect the public health, safety, and welfare.
(b) The Legislature hereby finds and declares that a substantial
number of manufacturing and commercial buildings in urban areas have
lost manufacturing and commercial tenants to more modern
manufacturing and commercial premises, and that the untenanted
portions of such buildings constitute a potential resource capable,
when appropriately altered, of accommodating joint living and work
quarters which would be physically and economically suitable
particularly for use by artists, artisans, and similarly-situated
individuals. The Legislature further finds that the public will
benefit by making such buildings available for joint living and work
quarters for artists, artisans, and similarly-situated individuals
because (1) conversion of space to joint living and work quarters
provides a new use for such buildings contributing to the
revitalization of central city areas, (2) such conversion results in
building improvements and rehabilitation, and (3) the cultural life
of cities and of the state as a whole is enhanced by the residence in
such cities of large numbers of persons regularly engaged in the
(c) The Legislature further finds and declares that (1) persons
regularly engaged in the arts require larger amounts of space for the
pursuit of their artistic endeavors and for the storage of materials
therefor, and of the products thereof, than are regularly found in
dwellings, (2) the financial remunerations to be obtained from a
career in the arts are generally small, (3) persons regularly engaged
in the arts generally find it financially difficult to maintain
quarters for their artistic endeavors separate and apart from their
places of residence, (4) high property values and resulting rental
costs make it particularly difficult for persons regularly engaged in
the arts to obtain the use of the amount of space required for their
work, and (5) the residential use of such space is accessory to the
primary use of such space as a place of work.
It is the intent of the Legislature that local governments have
discretion to define geographic areas which may be utilized for joint
living and work quarters and to establish standards for such
occupancy, consistent with the needs and conditions peculiar to the
local environment. The Legislature recognizes that building code
regulations applicable to residential housing may have to be relaxed
to provide joint living and work quarters in buildings previously
used for commercial or industrial purposes.
(a) No later than December 31, 2003, the department shall
consider proposed universal design guidelines for home construction
or home modifications which may be submitted by the California
Department of Aging, the California Commission on Aging, the
Department of Rehabilitation, the office of the State Architect of
the Department of General Services, the office of the State Fire
Marshal, the California Building Standards Commission, or other state
departments. Thereafter, the department, without significantly
impacting housing cost and affordability, shall, in consultation with
these agencies, develop guidelines and at least one model ordinance
for new construction and home modifications that is consistent with
the principles of universal design as promulgated by the Center for
Universal Design at North Carolina State University or other similar
design guidelines that enhance the full life cycle use of housing
without regard to the physical abilities or disabilities of a home's
occupants or guests in order to accommodate a wide range of
individual preferences and functional abilities. In developing these
guidelines and model ordinances, the department also shall meet with,
and solicit information from, individuals and organizations
representing individuals and entities with interests in construction,
local governments, the health and welfare of senior citizens and
persons with disabilities, architects, and others with expertise in
these design and living issues. The department shall ensure that at
least three meetings subject to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of the Government Code) shall occur, that shall include
opportunities for government agencies, individuals, and organizations
identified in this subdivision to participate and comment on
proposed guidelines or draft model ordinances.
(b) (1) In addition to the authority granted by Sections 17958.5
and 18941.5, and for the purposes of this section, a city, county, or
city and county may, by ordinance, make changes or modifications in
addition to or in excess of the requirements contained in the
California Building Standards Code adopted pursuant to Sections 17922
and 18928 if the city, county, or city and county makes a finding
that the changes and modifications are reasonably necessary and are
substantially the same as the guidelines or model ordinances adopted
pursuant to subdivision (a). In no case shall the changes or
modifications be less restrictive than the requirements published in
the California Building Standards Code.
(2) A city, county, or city and county adopting an ordinance
pursuant to this subdivision shall file a copy of the ordinance and
the findings with the department. No such ordinance shall become
effective or operative for any purpose until the findings and the
ordinance have been filed with the department. The department may
review the findings and each ordinance to evaluate their consistency
with this subdivision, and shall provide written comments to the
adopting entity as to any such evaluation.
(c) (1) In a city, county, or city and county where a universal
design ordinance has not been adopted pursuant to subdivision (b),
developers of housing for senior citizens, persons with disabilities,
and other persons and families are encouraged, but not required, to
seek information and assistance from the department and the
California Department of Aging regarding the principles of universal
design specified in subdivision (a) and consider those principles in
(2) The department, the California Department of Aging, and any
other interested state agency also may, to the extent feasible,
disseminate information to interested persons and entities in all
parts of the state regarding the principles of universal design and
their relationship to new construction and home modifications.
(d) Subdivision (b) shall become operative on January 1, 2005.
(a) A city or county shall administratively approve
applications to install solar energy systems though the issuance of a
building permit or similar nondiscretionary permit. However, if the
building official of the city or county has a good faith belief that
the solar energy system could have a specific, adverse impact upon
the public health and safety, the city or county may require the
applicant to apply for a use permit.
(b) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. This finding shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(c) Any conditions imposed on an application to install a solar
energy system must be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(d) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
(2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
(3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(e) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any cost
effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) "Solar energy system" has the meaning set forth in paragraphs
(1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
(a) It is the intent of the Legislature to encourage the
use of passive solar energy design. The Legislature recognizes that
building code regulations with regard to natural light and
ventilation standards have to be modified to permit existing
buildings to be retrofitted with passive solar energy.
(b) Notwithstanding Section 17922, any city or county may by
ordinance or regulation permit windows required for light and
ventilation of habitable rooms in dwellings to open into areas
provided with natural light and ventilation which are designed and
built to act as passive solar energy collectors.
(c) On or before September 1, 1999, the department shall, after
consulting with the State Energy Resources Conservation and
Development Commission, prepare, adopt, and submit building standards
to implement the provisions of this section for approval as part of
the California Building Standards Code pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5.
The housing appeals board may, in cases of extreme
hardship to owner-occupants or tenants of dwellings, provide for
deferral of the effective date of orders of abatement. Any deferral
of the effective date of an order of abatement under this section
shall terminate upon any sale or transfer of the dwelling by the
owner-occupant but shall not terminate upon the sale or transfer of
the dwelling if the dwelling is occupied by a tenant other than the
The housing appeals board may, upon appeal or upon
application by the owner, grant variances from local use zone
requirements in order to permit an owner-occupant of a dwelling to
construct an addition to a dwelling to meet occupancy standards
relating the number of persons in a household to the number of rooms
or bedrooms. This power of the housing appeals board shall be in
addition to, and shall not otherwise affect, the powers of other
governmental boards and agencies to allow local use zone variances.
(a) Ninety days after the Department of Housing and
Community Development certifies and makes available a standard form
pursuant to subdivision (h), but in no event sooner than July 1,
2004, for housing developments for which a building permit
application is submitted on or after that date, a developer of any
new for-sale residential housing development, including, but not
limited to, a single family dwelling, duplex, triplex, townhouse,
condominium, or other homes, shall provide to a buyer a list of
universal accessibility features that would make the home entrance,
interior routes of travel, the kitchen, and the bathrooms fully
accessible to persons with disabilities.
(b) (1) (A) The list shall include the features described in
paragraphs (2) to (7), inclusive, and any others that the developer
deems necessary or appropriate to effectuate the purposes of this
(B) To the extent that any of the features described in paragraphs
(2) to (7), inclusive, are included in Chapter 11A of the California
Building Code (Part 2 of Title 24 of the California Code of
Regulations), they shall be listed consistent with, and shall be
installed in a manner at least consistent with, that chapter. A
developer that lists and installs materials and features in a manner
at least consistent with Chapter 11A or successor chapters of the
California Building Code, shall be deemed to be in compliance with
the requirements of this subparagraph. Other features shall be listed
and installed in a manner appropriate to effectuate the purposes of
(C) Notwithstanding subparagraph (B), the developer and buyer may
agree in writing to different standards than those provided in
subparagraph (B) if the different standards and their deviation from
the standards in subparagraph (B) are clearly disclosed.
(2) General external adaptations:
(A) Accessible route of travel to the dwelling unit.
(B) Accessible landscaping of the side and rear yards.
(C) Accessible route from the garage or parking area to the
dwelling unit primary and secondary entries.
(3) Doors, openings, and entries:
(A) Accessible primary front door, doorway, and threshold.
(B) Accessible interior doors and doorways.
(C) Accessible secondary exterior doors, doorways, and thresholds.
(D) Accessible levered handles on all specified doors.
(E) An entry door sidelight or high and low peephole viewers.
(F) Visual fire alarms and visual doorbells.
(G) Accessible sliding glass door.
(4) General interior adaptations:
(A) Accessible routes to at least one bedroom, bathroom, and
kitchen from the primary entrance.
(B) Accessible switches, outlets, and thermostats.
(C) Visual fire alarms and visual doorbells.
(D) Rocker light switches.
(E) Closet rods and shelves adjustable from three feet to five
feet six inches high.
(F) A residential elevator or lift.
(G) If provided, a service porch with accessible workspace,
cabinets, and appliances.
(A) Adequate accessible clear floorspace at appliances.
(B) Repositionable sink and countertop workspaces.
(C) Accessible cabinets and drawers, including pullout shelves,
bread boards, and Lazy Susans.
(D) Accessible sink features and controls.
(E) Accessible built-in or provided appliances, including
refrigerator, stove, oven, dishwasher, and countertop microwave or
(F) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
antiscald device on plumbing fixtures, and undercabinet lighting.
(6) Bathrooms and powder rooms (applicable to one or more
bathrooms, at the option of the buyer):
(A) Grab bar backing and grab bars in all requested locations.
(B) Accessible clear floorspace and turning circles.
(C) Accessible sink (lavatory) with adequate knee space and
(D) Accessible toilet (water closet).
(E) Accessible roll-in shower in lieu of a standard tub or shower.
(F) Accessible faucet handles and an adjustable handheld
(G) Enhancements such as a contrasting color edge at countertops,
contrasting floor designs marking accessible routes and work areas,
and antiscald device on plumbing fixtures.
(7) Any other external or internal feature requested at a
reasonable time by the buyer that is reasonably available and
reasonably feasible to install or construct and makes the residence
more usable for a person with disabilities in order to accommodate
any type of disability.
(c) For each feature on the list required by subdivision (b), the
developer shall indicate whether the feature is standard, limited,
optional, or not available.
(d) If a developer chooses to offer those features listed in
subdivision (b) as modifications that may be made to a home, the
developer shall indicate on the list required by subdivision (b) at
what point in the construction process the buyer must notify the
developer that the buyer wishes to purchase the features.
(e) If a local jurisdiction adopts a model ordinance developed
pursuant to Section 17959 that requires developers to provide
standard or optional accessibility features in homes described in
subdivision (b), a developer subject to that ordinance is required to
include on the list required by subdivision (b) only those features
beyond those required by the ordinance.
(f) Nothing in this section shall be construed to require a
developer to provide the features listed in subdivision (b) during
the construction process or at any other time, unless the developer
has offered to provide a feature and the buyer has requested it and
agreed to provide payment.
(g) Any willful violation by a developer of this section shall be
punishable by a civil penalty of five hundred dollars ($500).
(h) The department may adopt regulations that it determines are
necessary and appropriate for the use and enforcement of this
section. The regulations may include, but not be limited to,
providing specificity to any features not otherwise covered as
mandatory features in Chapter 11A or 11B of the California Building
Code, additional mandatory requirements for forms, and additional
procedures for offer or acceptance of features. The department may
develop, certify, and make available a standard form providing the
information required by this section, except for costs, and that
standard form shall be exempt from adoption pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code). A
developer's use of a form substantially the same as that developed
and distributed by the department shall be deemed to comply with this
(i) Pursuant to Section 17959, upon adoption by the department of
guidelines or a model ordinance that defines those features deemed to
provide universal accessibility, those guidelines or that model
ordinance shall supersede the features listed in subdivision (b).
(j) This section shall not be construed to require action by the
California Building Standards Commission pursuant to the California
Building Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code).