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SB-1226 Building standards: accessory dwelling units.(2017-2018)

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Date Published: 04/24/2018 09:00 PM
SB1226:v98#DOCUMENT

Amended  IN  Senate  April 24, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1226


Introduced by Senator Bates

February 15, 2018


An act to add Section 17958.12 to the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 1226, as amended, Bates. Building standards: accessory dwelling units.
Existing law, the Planning and Zoning Law, authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones, as specified.
The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city, county, or city and county, or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. The State Housing Law prohibits the application of rules and regulations promulgated pursuant to the State Housing Law and building standards published in the State Building Standards Code, relating to the erection or construction of buildings or structures, to existing buildings or structures, or to buildings or structures as to which construction is commenced or approved prior to the effective date of the rules, regulations, or building standards, except by act of the Legislature. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days’ notice to abate the nuisance, to institute appropriate action or proceedings to prevent, restrain, correct, or abate the violation or nuisance.
The State Housing Law requires local ordinances or regulations governing alterations and repair of existing buildings to 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 law, including a 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 provisions of existing law regarding fire safety, and the building or accessory structure does not become or continue to be a substandard building, as defined.
This bill would, notwithstanding other provisions of law, authorize the enactment of a local ordinance to authorize, when a record of the issuance of a building permit for an accessory dwelling unit does not exist, the above-described enforcement officials to make a determination of when the accessory dwelling unit was constructed and then apply the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations in effect when the accessory dwelling unit was determined to be constructed in order to issue for purposes of issuing a building permit for the accessory dwelling unit. This bill would declare that the provisions of the bill are declaratory of existing law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17958.12 is added to the Health and Safety Code, to read:

17958.12.
 Notwithstanding any other law, a city, county, or city and county may enact a local ordinance to authorize, when a record of the issuance of a building permit for an accessory dwelling unit, as defined in Section 65852.2 of the Government Code, does not exist, the appropriate enforcement official to may make a determination of when the accessory dwelling unit was constructed and then apply the provisions of this part, the building standards published in the California Building Standards Code, and other specified rules and regulations in effect when the accessory dwelling unit was determined to be constructed in order to issue for purposes of issuing a building permit for that accessory dwelling unit. This section is declaratory of existing law.