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 Westlaw, 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).