By Bruce A. Poulsen, AIA, CSI, CCS, SCIP
In my career as an Architect, trying to understand the Laws, Codes and Regulations in California has been most challenging over the years, and keeping up is a constant struggle. I have had to explain this several times to people within my own office, and I thought it might be time to explain and simplify to others the structure of the LAWS, CODES AND TITLE REGULATIONS IN CALIFORNIA.
First of all, the date of this Article is based on what I see now in September of 2008. Every week, changes are made to the Laws, Codes and Regulations, so accuracy is limited to this time only as change is to be expected. This article is an attempt to simplify my understanding of a complicated issue. I hope this simplifies your research when you have to find something regarding the LAWS, CODES AND TITLE REGULATIONS IN CALIFORNIA.
The hierarchy of the Laws, Codes and Title Regulations are kind of inferred on the website, and my understanding on this is the CONSTITUTION of the State of California rules first, then CALIFORNIA LAW composed of the 29 Codes, and then the TITLE REGULATIONS for the California Code of Regulations (CCR).
Where do you find all of these Laws, Codes and Title Regulations? The best place is the State of California Website (www.ca.gov). Next, go to the “GOVERNMENT LINKS” area on the Website, and then click on “Laws and Regulations”. You now have several choices available to you, and of these that I use the most to research for our office on projects are “California’s 29 Codes”, or the “California Code of Regulations” (this link contains all the Title Regulations of the California Code of Regulations), and the “Title 24 Building Standards Code”. This last link (“Title 24 Building Standards Code”) is merely one that explains where you can purchase the Building Codes, and further explains their editions, approval process, etc. More about the Title 24 Regulations later, which is the basis of compliance to Regulations for all Architects and Engineers in California?
California Law has 29 codes, and their titles are as follows:
□ BUSINESS AND PROFESSIONS CODE □ CIVIL CODE
□ CODE OF CIVIL PROCEDURE □ COMMERCIAL CODE
□ CORPORATIONS CODE □ EDUCATION CODE
□ ELECTIONS CODE □ EVIDENCE CODE
□ FAMILY CODE □ FINANCIAL CODE
□ FISH AND GAME CODE □ FOOD AND AGRICULTURE CODE
□ GOVERNMENT CODE □ HARBORS AND NAVIGATION CODE
□ HEALTH AND SAFETY CODE □ INSURANCE CODE
□ LABOR CODE □ MILITARY AND VETERANS CODE
□ PENAL CODE □ PROBATE CODE
□ PUBLIC CONTRACT CODE □ PUBLIC RESOURCES CODE
□ PUBLIC UTILITIES CODE □ REVENUE AND TAXATION CODE
□ STREETS AND HIGHWAYS CODE □ UNEMPLOYMENT INSURANCE CODE
□ VEHICLE CODE □ WATER CODE
□ WELFARE AND INSTITUTIONAL CODE
Now, I usually am looking at the GOVERNMENT CODE, EDUCATION CODE, PUBLIC CONTRACT CODE, and the HEALTH AND SAFETY CODE for the many different projects that our office is involved with. The first three in this paragraph are the ones I use to help our clients set up BID DOCUMENTS, explain what goes into a NOTICE TO CONTRACTORS (also known as NOTICE TO BIDDERS, or INVITATION TO BID), or explain what is necessary for the INSTRUCTIONS TO BIDDERS. My research is composed of what is a proper Bid Time, and how often does a client have to advertise in compliance with law to properly inform the Contractors you have a job for them. Also, these codes help with subjects such as CONTRACTOR LICENSING LAWS, SUBCONTRACTOR LISTS, SUBSTITUTION OF SECURITIES for retention, SUBSTITUTIONS, STUDENT SAFETY DECLARATIONS & fingerprinting of contractor’s employees, and other contract laws related to bidding Public Projects involving Public Monies.
Owners should be aware of the laws requiring PREVAILING WAGE RATES and LABOR LAW, so suggesting to them they refer to the LABOR CODE is advisable also.
California also has an abundant source of regulations called the “California Code of Regulations”, composed of Title Regulations (formerly known as the California Administrative Codes), mandated by the California Law Codes, and their “titles” are as follows:
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATIVE
TITLE 3 FOOD AND AGRICULTURE
TITLE 4 BUSINESS REGULATIONS
TITLE 5 EDUCATION (not to be confused with the EDUCATION CODE within California’s 29 codes. Each of them has different numbering systems, so if you are looking for a specific number of an Article and it doesn’t look like the reference follows what you are looking for, look in the other one!)
TITLE 7 HARBORS AND NAVIGATION
TITLE 8 INDUSTRIAL RELATIONS
TITLE 9 REHABILITIVE AND DEVELOPMENTAL SERVICES
TITLE 10 INVESTMENT
TITLE 11 LAW
TITLE 12 MILITARY AND VETERANS AFFAIRS
TITLE 13 MOTOR VEHICLES
TITLE 14 NATURAL RESOURCES
TITLE 15 CRIME PREVENTION AND CORRECTIONS
TITLE 16 PROFESSIONAL AND VOCATIONAL REGULATIONS
TITLE 17 PUBLIC HEALTH
TITLE 18 PUBLIC REVENUES
TITLE 19 PUBLIC SAFETY
TITLE 20 PUBLIC UTILITIES AND ENERGY
TITLE 21 PUBLIC WORKS
TITLE 22 SOCIAL SECURITY
TITLE 23 WATERS
TITLE 24 BUILDING STANDARDS CODES (this is where all your State Building Codes are at, and there are no free looks as far as I know, you have to purchase the books or CD’s from somewhere, such as ICC (International Code Council). Reasons for purchasing these codes can be found on the California State Website, so I won’t repeat that here.
TITLE 25 HOUSING AND COMMUNITY DEVELOPMENT
TITLE 26 TOXICS
TITLE 27 ENVIRONMENTAL PROTECTION
TITLE 28 MANGED HEALTH CARE
With the exception of TITLE 24, all of these regulations (as far as I know) are accessible on the State Website. The difference between these website codes and regulations, and the printed versions, are that the website contains only the current approved language for each of these CODES and TITLE REGULATIONS. The printed versions (for which you pay money for) give you much more in terms of the history of repeals, and explanations of why something was changed between an older version and the new version of these codes and regulations. As an Architect, I really only want to focus on the current language, and reserve the history to be provided by Legal Entities when needed, who probably have the Printed Versions in their office.
Now let’s go into more detail on TITLE 24, the BUILDING STANDARDS CODES. TITLE 24 is composed of many PARTS, and that explanation is described below:
Part 1 - California Building Standards Administrative Code
This Part contains all the Administrative Regulations, such as defining the Role of the CBSC (California Building Standards Commission), appeals of decisions made by departments under the CBSC, code adoption process, defining the Roles and responsibilities of the PROJECT INSPECTORS, ARCHITECTS, and CONSULTING ENGINEERS, and many other issues regarding Public Works Projects involving Public Monies. If you do Educational or Health Care work in California, then you need this Part 1 of Title 24 and understand all of its contents.
Part 2 - California Building Code
California Building Code 2007 California Code of Regulations, Title 24-Part 2, Volumes 1 and 2, CCR-T24, based on the 2006 edition of the IBC (International Building Code) by ICC (International Code Council), with the latest California State Amendments.
Part 3 - California Electrical Code
California Electrical Code 2007, California Code of Regulations, Title 24-Part 3, CCR-T24, based on the 2005 edition of the NEC (National Electrical Code) by NFPA (National Fire Protection Association), with the latest California State Amendments.
Part 4 - California Mechanical Code
California Mechanical Code 2007, California Code of Regulations, Title 24, Part 4, CCR-T24, based on the 2006 edition of the UMC (Uniform Mechanical Code) by IAPMO (International Association of Plumbing and Mechanical Officials), with the latest California State Amendments.
Part 5 - California Plumbing Code
California Plumbing Code 2007, California Code of Regulations, Title 24, Part 5, CCR-T24, based on the 2006 edition of the UPC (Uniform Plumbing Code) by IAPMO (International Association of Plumbing and Mechanical Officials), with the latest California State Amendments.
Part 6 - California Energy Code
California Energy Code 2007, California Code of Regulations, Title 24, Part 6, CCR-T24, based on the 2005 edition of the California Energy Code, and the latest California State Amendments.
This one reference is often used in conversation between Architects, Mechanical Engineers and Energy Consultants, and is commonly referred to as “TITLE 24 CALCS”, so when you hear this language, they are commonly referring to the requirements of this one part within TITLE 24 – Part 6 – California Energy Code.
Part 7 - California Elevator Safety Construction Code
The website for California says to see Title 8, California Code of Regulations. Click on the + in the following order: TITLE 8. INDUSTRIAL RELATIONS, then DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS, then CHAPTER 4. DIVISION OF INDUSTRIAL SAFETY, and finally SUBCHAPTER 6. ELEVATOR SAFETY ORDERS. Pick the appropriate GROUP I thru IV depending on the Installation Contract Date of your Lift or Elevator.
Part 8 - California Historical Building Code
This document is available as a printable document in PDF format from the States website (approximately 40 pages).
Part 9 - California Fire Code
California Fire Code 2007, California Code of Regulations, Title 24, Part 9, CCR-T24, based on the 2006 edition of the IFC (International Fire Code) by ICC (International Code Council), with the latest California State Amendments.
Part 10 - California Existing Building Code
California Existing Building Code 2007, California Code of Regulations, Title 24, Part 10, CCR-T24, based on the 2006 edition of the IEBC (International Existing Building Code) by ICC (International Code Council), with the latest California State Amendments.
Part 11 - Reserved for California Green Building Standards Code
The CGBSC will become effective around January of 2009, and there is a DRAFT copy out there now for your review (http://www.bsc.ca.gov/prpsd_stds/default.htm). I don’t know yet if the final document is going to be free or cost money, but at least you can review the code in its present form.
Part 12 - California Reference Standards Code
This Part 12 contains a lot of information regarding FIRE-RESISTIVE STANDARDS, EXITS, RADIATION SHIELDING, and PROTECTIVE SIGNALING, as well as many other subjects. You can get an idea of the contents from the few items that I have listed above.
I hope this article helps you to understand the complicated LAWS, CODES AND TITLE REGULATIONS IN CALIFORNIA. Good luck in your research from here on out, and if you have any comments regarding this informational article, please feel free to comment or offer any revisions to me below. I’m always constantly trying to keep-up with the State of California!
Bruce A. Poulsen, AIA, CSI, CCS, SCIP
C/o DARDEN ARCHITECTS, INC.
e-mail: brucep@dardenarchitects.com
