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AB-565 Building standards: live/work units.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB565:v96#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  April 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 565


Introduced by Assembly Member Bloom

February 14, 2017


An act to add Section 18941.11 to the Health and Safety Code, relating to building standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 565, as amended, Bloom. Building standards: live/work units.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years.
This bill would require the commission, Department of Housing and Community Development, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to establish or revise develop and submit for approval by the California Building Standards Commission the definition of “live/work unit,” as applicable, and unit” in the California Residential Code, and to develop or update, as applicable, and submit to the commission for approval the definition of “live/work unit” in the California Building Code. The bill would require the department to consider in those determinations, among other things, reflecting the types of combined live and work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18941.11 is added to the Health and Safety Code, to read:

18941.11.
 (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish At the next triennial building standards rulemaking cycle that commences on or after January 1, 2019, the Department of Housing and Community Development shall develop and submit for approval a definition for “live/work unit” in the California Residential Code and update the an updated definition of “live/work unit” in the California Building Code. The commission department shall also develop or update, as applicable, and submit for approval, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces.
(b) For purposes of subdivision (a), the commission department shall consider, but is not limited to:
(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.
(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.
(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.
(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.
(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.