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HomeMy WebLinkAboutAgenda Packet - CC - 2014.01.06 1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 C I T Y C O U N C I L M E E T I N G A G E N D A Monday, January 6, 2014 CLOSED SESSION – 5:30 p.m. – Conference Room A a. Approval of the Closed Session Agenda (Government Code §54957.6(a)) b. Closed Session Community Forum Members of the public may address the Council on any item on the Closed Session Agenda at this time. c. Adjournment into Closed Session d. Conference with Labor negotiators pursuant to Government Code §54957.6(a) City Negotiators: Angie Rodriguez, Lisa Goldman, Glenn Berkheimer and Stacy Cue (IEDA), Employee Organizations: Teamsters, Police Officers Association, Association of Police Administrators e. Conference with Legal Counsel – Potential Litigation - Gov. Code 54956.9(a); One Case STUDY SESSION – 6:20 p.m. – Conference Room A a. Discussion of Potential Historic Preservation Ordinance Note: Public Comment is Permitted on All Action Items as Noted on the Agenda Below and in the Non- Agenda Public Comment Provided for in Item 7. 1. CALL TO ORDER – 7:00 p.m. – Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 2 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. 5. UPCOMING EVENTS 6. PRESENTATION There are no Presentations. 7. PUBLIC COMMENTS, NON-AGENDA - Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council’s consideration of the consent calendar. a. Approve City Council Meeting Minutes of December 16, 2013 b. Recommendation to Approve 2014 Revised Council Calendar c. Approval of 2014 City of Burlingame Investment Policy, and Consideration of Procurement of Investment Advisory Services for the City’s Investment Portfolio d. Adoption of a Resolution Authorizing an Amendment of the City Manager’s Employment Agreement to Provide a Salary Increase of 2.25% 9. PUBLIC HEARINGS (Public Comment) There are no Public Hearings. 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Burlingame Avenue Sidewalk Pavers Cleanliness 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Department Reports: Finance, November 30, 2013 3 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk’s office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City’s website at www.burlingame.org. Agendas and minutes are available at this site. NEXT REGULAR CITY COUNCIL MEETING – TUESDAY, JANUARY 21, 2014 VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG – GO TO “CITY COUNCIL VIDEOS” I California Code of Regulations ... Title 24, Part 8- , Effective Date: January 1, 2014 (For Errata and Supplements, see History Note Appen dix) 2013 California Historical Building Code California Code of Regulations, Title 24, Part 8 First Printing: July 2013 ISBN 978-1-58001-457-9 Published by International Code Council 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001 1-888-422-7233 COPYRIGHT © 2013 held by California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, California 95833-2936 PRINTED IN THE U.S.A. This document is the 8th of 12 parts of the official triennial compilation and publication ofthe adoptions, amendments and repeal of administrative regulations to California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part is known as the California Historical Building Code. The Cal~fornia Building Standards Code is published in its entirety every three years by order of the California legis- lature, with supplements published in intervening years. The California legislature delegated authority to various state agencies, boards, commissions and departments to create building regulations to implement the State's statutes. These building regulations, or standards, have the same force of law, and take effect 180 days after their publication unless oth- erwise stipulated. The California Building Standards Code applies to occupancies in the State of California as annotated. A city, county, or city and county may establish more restrictive building standards reasonably necessary because of local climatic, geological or topographical conditions. Findings of the local condition(s) and the adopted local building standard(s) must be filed with the California Building Standards Commission to become effective and may not be effec- tive sooner than the effective date of this edition of the California Building Standards Code. Local building standards that were adopted and applicable to previous editions of the California Building Standards Code do not apply to this edition without appropriate adoption and the required filing. Should you find publication typographical) errors or inconsistencies in this code or wish to offer comments toward improving its format, please address your comments to: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833-2936 Phone: (916) 263-0916 Fax: (916) 263-0959 Web www.bsc.ca.gov The 2013 California Building Standards Code (Code) was developed through the outstanding collaborative efforts of the Department of Housing and Community Development, the Division of State Architect, the Office of the State Fire Marshal, the Office of Statewide Health Planning and Development, the California Energy Commission, the California Department of Public Health, the California State Lands Commission, the Board of State and Community Corrections, and the California Building Standards Commission (Commission). This collaborative effort included the assistance of the Commission's Code Advisory Committees and many other vol- unteers who worked tirelessly to assist the Commission in the production of this Code. Governor Edmund G. Brown Jr. Members of the California Building Standards Commission Secretary Anna Caballaro -Chair James Barthman -Vice-Chair Stephen Jensen Randy Twist Richard Sawhill Kent Sasaki Rose Conroy Sheila Lee Richard Sierra Steven Winkel Erick Mikiten Jim McGowan Executive Director Michael L. Neannan Deputy Executive Director For questions on California state agency amendments, please refer to the contact list on he following page. 2013 CALIFORNIA HISTORICAL BUILDING CODE iii PART 8 CONTAINS ALTERNATIVE REGULATIONS FOR QUALIFIED HISTORICAL BUILDINGS The California Historical Building Code (CRBC) is unique among state regulations. The authoring of the original CRBC required state agencies promulgating regulations for building construction to work in harmony with representatives of other design and construction disciplines. The result was a totally new approach to building codes for historical structures, which maintains currently acceptable life-safety standards. These regulations are also unique in that they are performance oriented rather than prescriptive. The provisions of the CHBC are to be applied by the enforcing authority of every city, county, city and county, or state agency in permitting repairs, alterations and additions necessary for the preservation, reha- bilitation, relocation, related construction, change of use or continued use of a qualified historical building. The authority for use of the CRBC is vested in Sections 18950 through 18961 of the Health and Safety Code. Section 18954 states, "The building department of every city or county shall apply the provisions of alternative building standards and building regulations adopted by the CRBC Board pursuant to Section 18959.5 in permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, moving or continued use of an historical building or structure. A state agency shall apply the alternative building regulations adopted by the CHBC Board pursuant to Section 18959.5 in iv permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, moving or continued use of an historical building or structure." However, be aware that in order to use the CHBC, the structure under consideration must be qualified by being designated as an historical building or structure. Section 18955 states, "For the purposes of this part, a qualified historical building or struc- ture is any structure or collection of structures, and their associ- ated sites deemed of importance to the history, architecture or culture of an area by an appropriate local or state governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official invento- ries, such as the National Register of Historic Places, State His- torical Landmarks, State Points of Historical Interest, and city or county registers or inventories of historical or architecturally significant sites, places, historic districts or landmarks." The regulations of the CHBC have the same authority as state law and are to be considered as such. Liability is the same as for prevailing law. The intent of the CHBC is to save California's architectural heritage by recognizing the unique construction problems inherent in historical buildings and by providing a code to deal with these problems. 2013 CALIFORNIA HISTORICAL BUILDING CODE HISTORICAL The background of the California Historical Building Code can be traced to December 1973, when the State Department of Parks and Recreation published the CalifOlnia History Plan, Volume I, in which Recommendation No. 11 was proposed by the then California Landmarks Advisory Committee (later to become The State Historical Resources Commission). This proposal expressed a need for a new building code to meet the intent of protecting the public health and safety and also retain "enough flexibility to allow restoration of a Historic feature while still retaining its Historic integrity." No. 11 of this His- tory Plan supported this need by stating that " ... restoration ... is frequently made difficult by unnecessarily rigid interpreta- tion of building ... codes." In March of 1974, the Landmarks Committee by resolution recommended that the Director of the State Department of Parks and Recreation and the State Architect initiate a study to develop this needed code. These two officials accepted this concept and jointly called a statewide meeting in Sacramento on May 14th of that year. Attending were representatives from both the public and private sectors, such as members of the building industry, design professions, local and state building officials, and others interested in this problem. Out of this open conference, a steering committee was formed to explore in depth the ways and means of implementing the new historical building code concept. This ad hoc committee was chaired by a representative from the California Council, American Institute of Architects and composed of a compre- hensive cross section of the professional organizations and government agencies concerned with design and code enforcement. Meetings began late in 1974 and continued into early 1975. By April of that year, a legislative subcommittee of the ad hoc group drafted a sample bill for the proposed code and requested that it be carried by Senator James R. Mills, President Pro Tem- 2013 CALIFORNIA HISTORICAL BUILDING CODE pore of the Senate. After further development and refinement, the enacting legislation to create the authority for the code and an advisory board to prepare regulations to implement it (SB 927, Mills) was supported by both the legis1ature and the pub- lic. It was signed by the governor in September 1975, and became effective January 1, 1976. The members of the advisory board, which were required by law to inc1ude local and state building officials, individuals from the building industry and design professions, as well as representatives from city and county governments, were appointed and held their first session in Sacramento, February 24, 1976. This Board's duties included the preparation of code regulations and the review of specific historic building cases, when officially requested by governing bodies. Several of the Board's members were a part of the original ad hoc steering committee and thus provided a continuity and smooth transition from the inception of the code's philosophy to its pragmatic implementation in these performance-oriented regulations. The first comprehensive regulations were codified in August and October 1979, after years of careful deliberation. Those regulations allowed all jurisdictions to utilize them at their dis- cretion in replacing or modifying details of prevailing prescIip- tive codes. Changes made in law in 1984 and 1991, and to the code, make the application of the Cal~fornia Historical Building Code stat- utes and regulations applicable for all agencies and at the dis- cretion of the owner for local jurisdictlons when dealing with qualified historical bUildings. These current perforn1ance regulations were adopted by the Board on June 23,1998, and approved by the California Build- ing Standards Commission on December 12,2013. v vi 2013 CALIFORNIA HISTORICAL BUILDING CODE CODE OF REGU 24 California Agency Information Contact List Board of State and Community Corrections Wlvw.csa.ca.gov ............................. (916) 445-5073 Local Adult Jail Standards Local Juvenile Facility Standards California Buildine Standards Commission www.bsc.ca.gov. . .......................... (916) 263-0916 California Energy Commission www.enregy.ca.gov ............. Energy Hotline (800) 772-3300 Building Efficiency Standards Appliance Efficiency Standards Compliance Manual/Forms California State Lands Commission www.sic.ca.gov ............................. (562) 499-63/2 Marine Oil Terminals Califor1lia State Library www.library.ca.gov .......................... (916) 654-0266 Department of Consumer Affairs: Acupuncture Board www.acupuncture.ca.gov ...................... (916) 515-5200 Office Standards Board of Pharmacy www.pharmacy.ca.gov ........................ (916) 574-7900 Pharmacy Standards Bureau of Barbering and Cosmetology www.barbercosmo.ca.gov . . . . . . . . . . . . . . . . . .. . (916) 952-5210 Barber and Beauty Shop, and College Standards Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation www.bearhfti.ca.gov ......................... (916) 999-2041 Insulation Testing Standards Structural Pest Control Board www.pestboard.ca.gov ........................ (800) 737-8188 Structural Standards Veterinary Medical Board www.vmb.ca.gov ............................ (916) 263-2610 Veterinaf}' Hospital Standards Department of Food and Agriculture www.cdfa.ca.gov Meat & Poultry Packing Plant Standards (916) 654-0509 Dairy Standards (916) 654-0773 2013 CALIFORNIA HISTORICAL BUILDING CODE Department of Housing and Community Development www.hcd.ca.gov ............................. (916) 445-9471 Residential-Hotels, Motels, Apartments, Single-Family Dwellings; and Permanent Structures in Mobilehome & Special Occupancy Parks (916) 445-3338 Fact01y-Built Housing, Mam~factured Housing & Commercial Modular Mobilehome-Permits & Inspections Northern Region-(916) 255-2501 Southern Region-(951) 782-4420 (916) 445-9471 Employee Housing Standards Department of Public Health www.dph.ca.gov ............................. (916) 449-5661 Organized Camps Standards Public Swimming Pools Standards Department of Water Resources www.dwr.ca.gov ............................. (916) 651-9676 Gray Water Information Division of the State Architect www.dgs.ca.gov/dsa .......................... (916) 445-8100 Access Compliance Structural Safety Public Schools Standards Essential Services Building Standards Community College Standards State Historical Building Safety Board Alternative Building Standards Office of Statewide Health Planning and Development www.oshpd.ca.gov ........................... (916) 654-3139 Hospital Standards Skilled Nursing Facility Standards & Clinic Standards Permits (916) 654-3362 Office of the State Fire Marshal osfm..fire.ca.gov ........ , , ................... (916) 445-8200 Code Development and Analysis Fire Safety Standards Fireplace Standards Day Care Centers Standards Exit Standards vii HOW TO D ETE RMIN E W HER E CHANGES HAVE BEEN MAD E Symbols in the margins indicate where changes have been made or language has been deleted. II This symbol indicates that a change has been made. > This symbol indicates deletion of language. viii 2013 CALIFORNIA HISTORICAL BUILDING CODe CHAPTER 8-1 ADMINISTRATION ............... 1 Section 8-101 8-102 8-103 8-104 Title, Purpose and Intent. . . . . . . . . . . . . . . . . . . . . 1 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Organization and Enforcement. . . . . . . . . . . . . . . . 1 Review and Appeals ........................ 2 8-105 Construction Methods and Materials ........... 2 8-106 SHBSB Rulings ........................... 2 CHAPTER 8-2 DEFINITIONS .................... 3 Section 8-201 Definitions ............................... 3 CHAPTER 8-3 USE AND OCCUPANCY ........... 5 Section 8-301 8-302 Purpose and Scope ......................... 5 General .................................. 5 8-303 Residential Occupancies ..................... 5 CHAPTER 8-4 FIRE PROTECTION ............... 7 Section 8-401 8-402 8-403 8-404 8-405 8-406 8-407 8-408 8-409 8-410 8-411 8-412 Purpose, Intent and Scope .. , ................ 7 Fire-resistive Construction ................... 7 Interior Finish Materials ..................... 7 Wood Lath and Plaster ...................... 7 Occupancy Separation ...................... 7 Maximum Floor Area ....................... 7 Vertical Shafts ............................. 7 Roof Covering ............................ 7 Fire Alarm Systems ........................ 8 Automatic Sprinkler Systems ................. 8 Other Technologies ......................... 8 High-rise Buildings ........................ 8 CHAPTER 8-5 MEANS OF EGRESS ............... 9 Section 8-501 Purpose, Intent and Scope ................... 9 8-502 General .................................. 9 8-503 Escape or Rescue Windows and Doors ........ 10 8-504 Railings and Guardrails .................... 10 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8-6 ACCESSIBILITy ................. 11 Section 8-601 Purpose, Intent and Scope .................. 11 8-602 Basic Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . 11 8-603 Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8-604 Equivalent Facilitation ..................... 12 CHAPTER 8-7 STRUCTURAL REGULATIONS .... 13 Section 8-701 Purpose, Intent and Scope .................. 13 8-702 General................................. 13 8-703 Structural Survey ......................... 13 8-704 Nonhistorical Additions and Nonhistorical 8-705 8-706 Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Structural Regulations ..................... 13 Lateral Load Regulati ons . . . . . . . . . . . . . . . . . . . 14 CHAPTER 8-8 ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION .............. 15 Section 8-801 8-802 8-803 8-804 8-805 8-806 8-807 8-808 8-809 8-810 8-811 8-812 Purpose, Intent and Scope .................. 15 General Engineering Approaches. . . . . . . . . . . . . 15 Nonstructural Archaic Materials .............. 15 Allowable Conditions for Specific Materials .... 15 Masonry ................................ 15 Adobe .................................. 16 Wood ................................... 16 Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Steel and Iron . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Hollow Clay Tile ......................... 17 Veneers ................................. 17 Glass and Glazing. . . . . . . . . . . . . . . . . . . . . . . . . 17 CHAPTER 8-9 MECHANICAL, PLUMBING AND ELECTRICAL REQUIREMENTS .............. 19 Section 8-901 Purpose, Intent and Scope .................. 19 8-902 Mechanical .............................. 19 8-903 Plumbing ................................ 20 8-904 Electrical ................................ 21 ix CHAPTER 8 M IO QUALIFIED HISTORICAL DISTRICTS, SITES AND OPEN SPACES •••..••. 23 Section 8-1001 Purpose and Scope ........................ 23 8-1002 Application ............................. 23 8-1003 Site Relations ............................ 23 APPENDIX A .......•.......................... 25 HISTORY NOTE APPENDIX .................... 29 x 2013 CALIfORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 1 ADMIN Note: The California Historical Building Code, Part 8 of Title 24, governs for all qualified historical buildings or properties in the State of California. SECTION 8-101 rITLE, PURPOSE AND INTENT 8-101.1 Title. These regulations shall be known as the Califor- nia Historical Building Code and will be referred to herein as "the CHBC." 8-101.2 Purpose. The purpose of the CHBC is to provide regu- lations for the preservation, restoration, rehabilitation, reloca- tion or reconstruction of buildings or properties designated as qualified historical buildings or properties (Chapter 8-2). The CHBC is intended to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost -effective approach to preservation, and to pro- vide for the reasonable safety of the occupants or users. The CHBC requires enforcing agencies to accept solutions that are reasonably equivalent to the regular code (as defined in Chap- ter 8-2) when dealing with qualified historical buildings or properties. 8-101.3 Intent. The intent of the CHBC is to facilitate the pres- ervation and continuing use of qualified historical buildings or properties while providing reasonable safety for the building occupants and access for persons with disabilities. SECTION 8-102 APPLICATION 8-102.1 Application. The CHBC is applicable to all issues regarding code compJiance for qualified historical buildings or properties. The CHBC may be used in conjunction with the regular code to provide solutions to facilitate the preservation of quaJified historical buildings or properties. The CHBC shall be used by any agency with jurisdiction and whenever compli- ance with the code is required for qualified historical buildings or properties. 1. The state or local enforcing agency shall apply the pro- visions of the CHBC in permitting repairs, alterations and additions necessary for the preservation, restora- tion, reconstruction, rehabilitation, relocation or con- tinued use of a qualified historical building or property when so elected by the private property owner. 2. State agencies. All state agencies shall apply the provi- sions of the CHBC in permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, safety, relocation, reconstruction or con- tinued use of qualified historical buildings or proper- ties. 8-102.1.1 Additions, alterations and repairs. It is the intent of the CHBC to allow nonhistorical expansion or addition to a qua1ified historical building or property, pro- 2013 CALIFORNIA HISTORICAL BUILDING CODE vided nonhistorical additions shall conform to the requirements of the regular code. See Chapter 8-2. 8-102.1.2 Relocation. Relocated qualified historical build- ings or properties shall be sited to comply with the regular code or with the solutions listed in the CHBC. Nonhistorical new construction related to relocation shall comply with the regular code. Reconstruction and restoration related to relo- cation is permitted to comply with the provisions in the CHBC. 8-102.1.3 Change of occupancy. For change of use or occupancy, see Chapter 8-3, Use and Occupancy. 8-102.1.4 Continued use. Qualified historical buildings or properties may have their existing use or occupancy contin- ued if such use or occupancy conformed to the code or to the standards of construction in effect at the time of construc- tion, and such use or occupancty does not constitute a dis- tinct hazard to life safety as defined in the CHBC. 8-102.1.5 Unsafe buildings or properties. When a quali- fied historical building or property is determined to be unsafe as defined in the regular code, the requirements of the CHBC are applicable to the work necessary to correct the unsafe conditions. Work to remediate the buildings or properties need only address the correction of the unsafe conditions, and it shall not be required to bring the entire qualified historical building or property into compliance with regular code. 8-102.1.6 Additional work. Qualified historical buildings or properties shall not be subject to additional work required by the regular code, regulation or ordinance beyond that required to complete the work undertaken. Certain excep- tions for accessibility and for distinct hazards exist by man- date and may require specific action, within the parameters of the CHBC. SEcrlON 8-103 ORGANIZATION AND ENFORCEMENT 8-103.1 Authority. The state or local enforcing agency, pursu- ant to authority provided under Section 18954 of the Health and Safety Code, shall administer and enforce the provisions of the CHBC in permitting repairs, alterations and additions nec- essary for the preservation, restoration, reconstmction, reha- bilitation, relocation or continued use of a qualified historical building or property. 8-103.2 State enforcement. All state agencies pursuant to authority provided under Section 18954 and Section 18961 of the Health and Safety Code shall administer and enforce the CHBC with respect to qualified historical buildings or proper- ties under their respective jurisdiction. ADMINISTRATION 8a l03.3 Liability. Prevailing law regarding immunity of build- ing officials is unaffected by the use and enforcement of the CHBC. SECTION 8-104 REVIEW AND APPEALS 8-104.1 State Historical Building Safety Board (SHBSB). In order to provide for interpretation of the provisions of the CHBC and to hear appeals, the SHBSB shall act as an appeal and review body to state and local agencies or any affected party. 8-104.2 SHBSB review. When a proposed design, material or method of construction is being considered by the enforcing agency, the agency chief, the building official or the local board of appeals may file a wlitten request for opinion to the SHBSB for its consideration, advice or findings. In considering such request, the SHBSB may seek the advice of other appropriate private or public boards, individuals, or state or local agencies. The SHBSB shall, after considering all of the facts presented, including any recommendation of other appropriate boards, agencies or other parties, determine if, for the purpose intended, the proposal is reasonably equivalent to that allowed by these regulations in proposed design, material or method of construction, and it shal1 transmit such findings and its decision to the enforcing agency for its application. The Board may recover the costs of such reviews and shall report the decision in printed fonn, copied to the California Building Standards Commission. 8-104.2.1 State agencies. All state agencies with ownership of, or that act on behalf of state agency owners of, qualified histOlical buildings or properties, shall consult and obtain SHBSB review prior to taking action or making decisions or appeals that affect qualified historical buildings or proper- ties, per Section] 8961 of the Health and Safety Code. 8-104.2.2 Imminent threat. Where an emergency is declared and a qualified historical building or property is declared an imminent threat to life and safety, the state agency assessing such a threat shall consult with the SHBSB before any demolition is undertaken, per Section 18961 of the Health and Safety Code. 8-104.3 SHBC appeals. If any local agency administering and enforcing the CHBC or any person adversely affected by any regulation, rule, omission, interpretation, decision or practice of the agency enforcing the CHBC wishes to appeal the issue for resolution to the SHBSB, either of these parties may appeal directly to the Board. The Board may accept the appeal only if it detennines that issues involved are of statewide significance. The Board may recover the costs of such reviews and shall make available copies of decisions in printed form at cost, cop- ied to the California Building Standards Commission. 8-104.4 Local agency fees. Local agencies, when actively involved in the appeal, may also charge affected persons rea- sonable fees not to exceed the cost of obtaining reviews and appeals from the Board. 2 SECTION 8-105 CONSTRUCTION METHODS AND MATERIALS 8-105.1 Repairs. Repairs to any portion of a qualified histori- cal building or property may be made in-kind with historical materials and the use of original or existing historical methods of construction, subject to conditions of the CHBC. (See Chap- ter 8-8.) 8-105.2 Solutions to the California Historical Building Code. Solutions provided in the CHBC, or any other acceptable regulation or methodology of design or construction and used in whole or in pru1, with the regular code, or with any combina- tion of the regular code and the CHBC, shall be allowed. The CHBC does not preclude the use of any proposed alternative or method of design or construction not specifically prescribed or otherwise allowed by these regulations. Any alternative may be submitted for evaluation to the appropriate enforcing agency for review and acceptance. The enforcing agency may request that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding such solutions. Any alternative offered in lieu of that prescribed or allowed in the CHBC shall be reasonably equivalent in quality, strength, effectiveness, durability and safety to that of the CHBC. SECTION 8-106 SHBSB RULINGS 8-106.1 General. Rulings of the SHBSB (i.e., formal appeals, case decisions, code interpretations and administrative resolu- tions, etc.) that are issues of statewide application are required to be submitted to the California Building Standards Commis- sion in printed form. These rulings may be used to provide guidance for similar cases or issues. 2013 CALIFORNIA HISTORICAL BUILDING CODE SECTION 8-201 DEFINITIONS For the purpose of the CHBC, certain terms and phrases, words and their derivatives shall be construed as specified in this chapter. Additional definitions andlor terms may appear in the various other chapters relative to terms or phrases primarily applicable thereto. Any reference to "authority havingjurisdic- tion" does not necessarily preclude the appellate process of Section 8-104.3. ADDITION. A nonhistorical extension or increase in floor area or height of a building or property. ALTERATION. A modification to a qualified historical build- ing or propel1y that affects the usability of the building or property, or part thereof. Alterations include, but are not lim- ited to, remodeling, renovation, rehabilitation, reconstruction, historical restoration, changes or rearrangement of the struc- tural parts or elements, and changes or rearrangements in the plan configuration of walls and full-height partitions. BUILDING STANDARD. Any guideline, regulation or code that may be applied to a qualified historical building or property. CHARACTER-DEFINING FEATURE. Those visual aspects and physical elements that comprise the appearance of a historical building or property, and that are significant to its historical, architectural and cultural values, including the over- all shape of the historical building or property, its materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment. CULTURAL RESOURCE. Building, site, property, object or district evaluated as having significance in prehistory or history. DISTINCT HAZARD. Any clear and evident condition that exists as an immediate danger to the safety of the occupants or public right of way. Conditions that do not meet the require- ments of current regular codes and ordinances do not, of them- selves, constitute a distinct hazard. Section 8-104.3, SHBC appeals, remains applicable. ENFORCING AGENCY, Authority Having Jurisdiction, Local Agency with Jurisdiction. An entity with the responsibil- ity for regulating, enforcing, reviewing or otherwise that exerts control of or administration over the process of gaining per- mits, approvals, decisions, variances, appeals for qualified his- torical buildings or properties. EXIT LADDER DEVICE. An exit ladder device is a perma- nently installed, fixed, folding, retractable or hinged ladder intended for use as a means of emergency egress from areas of the second or third stories. Unless approved specifically for a longer length, the ladder shall be limited to 25 feet (7620 mm) in length. Exit ladders are permitted where the area served by the ladder has an occupant load less than 10 persons. 2013 CALIFORNIA HISTORICAL BUILDING CODE 8-2 ITIONS FIRE HAZARD. Any condition which increases or may con- tribute to an increase in the hazard or menace of fire to a greater degree than customarily recognized by the authority having jurisdiction, or any condition or act which could obstruct, delay, hinder or interfere with the operations of firefighting personnel or the egress of occupants in the event of fire. Section 8-104.3, SHBC appeals, remains applicable. HISTORICAL FABRIC OR MATERIALS. Original and later-added historically significant construction materials, architectural finishes or elements in a particular pattern or con- figuration which form a qualified historical property, as deter- mined by the authority having jurisdiction. HISTORICAL SIGNIFICANCE. Importance for which a property has been evaluated and found to be historical, as deter- mined by the authority having jurisdiction. IMMINENT THREAT. Any condition within or affecting a qualified historical building or property which, in the opinion of the authority having jurisdiction, would qualify a building or property as dangerous to the extent that the life, health, prop- erty or safety of the public, its occupants or those performing necessary repair, stabilization or shoring work are in immedi- ate peril due to conditions affecting the building or property. Potential hazards to persons using, or improvements within, the right-of-way may not be construed to be "imminent threats" solely for that reason if the hazard can be mitigated by shoring, stabilization, barricades or temporary fences. INTEGRITY. Authenticity of a building or property's his- torical identity, evidenced by the survival of physical charac- teristics that existed during the property's historical or prehistorical period of significance. LIFE·SAFETY EVALUATION. An evaluation of the life-safety hazards of a qualified historical building or property based on procedures similar to those contained in NFPA 909, Standard/or the Protection o/Cultural Resources, Appendix B, Fire Risk Assessment in Heritage Premises. LIFE SAFETY HAZARD. See Distinct Hazard. PERIOD OF SIGNIFICANCE. The period of time when a qualified hist0l1cai building or property was associated with important events, activities or persons, or attained the charac- teristics for its listing or registration. PRESERVATION. The act or process of applying measures necessary to sustain the existing form, integrity and materials of a qualified historical building or property. Work, including preliminary measures to protect and stabilize the property, gen- erally focuses upon the ongoing maintenance and repair of his- toric materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-related work to make properties functional is appro- priate within a preservation project. 3 DEFINITIONS QUALIFIED HISTORICAL BUILDING OR PROP- ERTY. As defined in Health and Safety Code Section 18955 as "Qualified HistOlical Building or Property." Any building, site, object, place, location, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include histori- cal buildings or properties on, or determined eligible for, national, state or local historical registers or inventories, such as the National Register of Historic Places, California Register of Historical Resources, State Historical Landmarks, State Points of Historical Interest, and city or county registers, inven- tories or surveys of historical or architecturally significant sites, places or landmarks. RECONSTRUCTION. The act or process of depicting, by means of new construction, the form, features and detailing of a non surviving site, landscape, building, property or object for the purpose of replicating its appearance at a specific period of time. REGULAR CODE. The adopted regulations that govern the design and construction or alteration of nonhistorical buildings and properties within the jurisdiction of the enforcing agency. REHABILITATION. The act or process of making possible a compatible use for qualified historical building or property through repair, alterations and additions while preserving those portions or features which convey its qualified historical, cul- tural or architectural values. RELOCATION. The act or process of moving any qualified historical building or property or a portion of a qualified histor- ical building or property to a new site, or a different location on the same site. REPAIR. Renewal, reconstruction or renovation of any por- tion of an existing property, site or building for the purpose of its continued use. RESTORATION. The act or process of accurately depicting the form, features and character of a qualified building or property as it appeared at a particular period of time by the means of the removal of features from other periods in its his- tory and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restora- tion project. STRUCTURE. That which is built or constructed, an edifice or a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TREATMENT. An act of work to carry out preservation, res- toration, stabilization, rehabilitation or reconstruction. 4 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 3 SECTION 8-301 PURPOSE AND SCOPE 8-301.1 Purpose. The purpose of the CHBC is to provide reg- ulations for the determination of occupancy classifications and conditions of use for qualified historical buildings or properties. 8-301.2 Scope. Every qualified historical building or property for which a permit or approval has been requested shan be clas- sified prior to permit issuance according to its use or the char- acter of its occupancy in accordance with the regular code and applicable provisions of this chapter. SECTION 8-302 GENERAL 8-302.1 Existing use. The use or character of occupancy of a qualified historical building or property, or portion thereof, shall be permitted to continue in use regardless of any period of time in which it may have remained unoccupied or in other uses, provided such building or property otherwise conforms to all applicable requirements of the CHBC. 8-302.2 Change in occupancy. The use or character of the occupancy of a qualified historical building or property may be changed from or returned to its historical use or character, pro- vided the qualified historical building or property conforms to the requirements applicable to the new use or character of occupancy as set forth in the CHBC. Such in occupancy shall not mandate conformance with new construction require- ments as set forth in regular code. 8-302.3 Occupancy separations. Required occupancy sepa- rations of more than one hour may be reduced to one-hour fire-resistive construction with all openings protected by not less than three-fourths-hour fire-resistive assemblies of the self-closing or automatic-closing type when the building is provided with an automatic sprinkler system throughout the entire building in accordance with Section 8-410.4. Doors equipped with automatic-closing devices shall be of a type which will function upon activation of a device which responds to products of combustion other than heat. Required occupancy separations of one hour may be omitted when the building is provided with an automatic sprinkler sys- tem throughout. 8-302.4 Maximum floor area. Regardless of the use or char- acter of occupancy, the area of a one-story qualified historica1 building or propel1y may have, but shall not exceed, a floor area of ] 5,000 square feet (1393.5 m2 ) unless such an increase is otherwise permitted in regular code. Multistory qualified his- torical buildings (including basements and cellars) shall be in accordance with regular code requirements. 2013 CALIFORNIA HISTORICAL BUILDING CODE Exception: Historical buildings may be unlimited in Hoor area without fire-resistive area separation walls: 1. When provided with an automatic sprinkler, or 2. Residential occupancies of two stories or less when pro- vided with a complete fire alarm and annunciation sys- tem and where the exiting system conforms to regular code. 8·302.5 Maximum height. The maximum height and number of stories of a qualified historical building or property shall not be limited because of construction type, provided such height or number of stories does not exceed that of its historical design. S-302.5.1 High-rise buildings. Occupancies B, F-l, F-2 or S in high-rise buildings with floors located more than 75 feet above the lowest floor level having building access may be permitted with only the stories over 75 feet provided with an automatic fire sprinkler system if: 1. The building construction type and the exits con- form to regular code, and 2. A complete building fire alarm and annunciation system is installed, and 3. A fire barrier is provided between the sprinkJered and nonsprinklered floors. 8-302.6 Fire-resistive construction. See Chapter 8-4. 8-302.7 Light and ventilation. Existing provisions for light and ventilation which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain. See Section 8-303.6 for residential requirements. See Section 8-503 for Escape or Rescue Windows and Doors. SECTION 8-303 RESIDENTIAL OCCUPANCIES 8-303.1 Purpose. The purpose of this section is to provide reg- ulations for those buildings designated as qualified historical buildings or properties and classified as occupancies. The CHBC requires enforcing agencies to accept any reasonably equivalent to the regular code when dealing with qualified his- torical buildings and properties. 8-303.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings and properties while maintaining a reasonable degree of protection of life, health and safety for the occupants. 8-303.3 Application and scope. The provisions of this section shall apply to all qualified historical buildings used for human habitation. Those dwelling units intended only for display, or public use with no residential use involved, need not comply with the requirements of this section. 5 USE AND OCCUPANCY 8-303.4 Fire escapes. See Chapter 8-5. 8-303.5 Room dimensions. Rooms used for sleeping purposes may contain a minimum of 50 square feet (4.6 m2 ) floor area, provided there is maintained an average ceiling height of 7 feet (2134 mm). Other habitable rooms need only be of adequate size to be functional for the purpose intended. 8-303.6 Light and ventilation. Windows in habitable rooms shall have an area of 6 percent of the floor area, or 6 square feet (0.56 m\ whichever is greater. Windows in sleeping rooms shall be openable (see Section 8-503). Residential occupancies need not be provided with electrical lighting. 8-303.7 Alteration and repair. The alteration and repair of qualified historical buildings or properties may permit the replacement, retention and extension of original materials and the continued use of original methods of construction, pro- vided a life-safety hazard is not created or continued. Alter- ations and repairs shall be consistent with the CHBC. The amount of alterations and repairs is not limited, pro- vided there is no nonhistorical increase in floor area, volume or size of the building or property. 8-303.8 Exiting. See Chapter 8-5. 6 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 4 FIRE SECTION 8-401 PURPOSE, INTENT AND SCOPE 8-401.1 Purpose. The purpose of this chapter is to provide for fire protection of qualified historical buildings or properties. The CHBC requires enforcing agencies to accept any reason- ably equivalent to the regular code when dealing with qualified historical buildings or properties. 8-401.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings or properties while maintaining a reasonable degree of fire protection based primarily on the life safety of the occupants and firefighting personnel. 8-401.3 Scope. This chapter shall apply when required by the provisions of Section 8-102. SECTION 8-402 FIRE-RESISTIVE CONSTRUCTION 8-402.1 Exterior wall construction. The fire-resistance requirement for existing exterior walls and existing opening protection may be satisfied when an automatic sprinkler sys- tem designed for exposure protection is installed per the CHBC. The automatic sprinklers may be installed on the exte- rior with at ]east one sprinkler located over each opening required to be protected. Additional sprinklers shall also be dis- tributed along combustible walls under the roof lines that do not meet the fire-resistive requirement due to relationship to property lines as required by regular code. Such sprinkler sys- tems may be connected to the domestic water supply on the supply-main side of the building shut-off valve. A shut-off valve may be installed for the sprinkler system, provided it is locked in an open position. 8-402.2 One-hour construction. Upgrading an existing quali- fied historical building or property to one-hour fire-resistive construction and one-hour fire-resistive corridors shall not be required regardless of construction or occupancy when one of the following is provided: 1. An automatic sprinkler system throughout. See Section 8-4] 0.2 for automatic sprinkler systems. 2. An approved life-safety evaluation. 3. Other alternative measures as approved by the enforc- ing agency. 8-402.3 Openings in fire-rated systems. Historical glazing materials and solid wood unrated doors in interior walls required to have one-hour fire rating may be approved when operable windows and doors are provided with appropriate smoke seals and when the area affected is provided with an automatic sprinkler system. See Section 8-410 for automatic sprinkler systems. 2013 CALIFORNIA HISTORICAL BUILDING CODE SECTION 8-403 INTERIOR FINISH MATERIALS New nonhistorical interior wall and ceiling finish shall con- form to the provisions of the regular code. Existing noncon- forming materials used for wood lath and plaster walls, see Section 8-404. Exception: When an automatic sprinkler system is pro- vided throughout the building, existing finishes shal] be approved. SECTION 8-404 WOOD LATH AND PLASTER Wood lath and plaster walls may be considered in accordance with codes, standards and listings published prior to 1943 whereby a wood stud wall assembly with gypsum or lime plas- ter on hand split or sawn wooden lath obtains a one-half-hour fire-resistive rating. This rating may be increased for interior walls to as much as one hour by filling the wall with mineral fiber or glass fiber. SECTION 8-405 OCCUPANCY SEPARATION See Chapter 8-3. SECTION 8-406 MAXIMUM FLOOR AREA See Chapter 8-3. SECTION 8-407 VERTICAL SHAFTS Vertical shafts need not be enclosed when such shafts are blocked at every floor level by the installation of not less than 2 full inches (51 mm) of solid wood or equivalent construction installed so as to prevent the initial passage of smoke and flame. Automatic sprinkler systems or other solutions may be consid- ered on a case-by-case basis, in lieu of enclosure of vertical shafts and stairwells. SECTION 8-408 ROOF COVERING Existing or original roofing materials may be repaired or recon- structed subject to the following requirements: 1. The OIiginal or historical roofing system shall be detailed or modified as necessary in order to be capable of providing shelter while preserving the historical materials and appearance of the roof. 2. Wooden roof materials may be utiJized where fire resis- tance is required, provided they are treated with 7 FIRE PROTECTION fire-retardant treatments to achieve a Class "B" roof covering rating. Wood roofing in state designated Urban Wildland and High Fire Zones shall be permitted when installed in class "A" assemblies. 3. Jurisdictions that prohibit wood roofing materials for application as roof coverings and roof assemblies shall submit documentation for the adoption. Express Terms, statement of reasons and minutes of the action by the adopting authority Health and Safety Code, Section 18959(f). SECTION 8-409 FIRE ALARM SYSTEMS Every qualified historical building or property shall be pro- vided with fire alarm systems as required for the use or occu- pancy by the regular code or other approved alternative. SECTION 8-410 AUTOMATIC SPRINKLER SYSTEMS 8-410.1 Every qualified historical building or property which cannot be made to conform to the construction requirements specified in the regular code for the occupancy or use, and which constitutes a distinct fire hazard (for definition of "dis- tinct hazard," see Chapter 8-2), shall be deemed to be in com- pliance if provided with an automatic sprinkler system or a life-safety system or other technologies as approved by the enforcing agency. ("Automatic" is defined in the regular code. Sprinkler System is defined in this section.) 8-410.2 When required by the CHBC, an automatic sprinkler systems is defined by the following standards (for nonhazard- ous occupancies). 1. Buildings of four stories or less: NFPA 13R, 2002 edi- tion. 2. For floors above the fourth, NFPA 13, 2002, SFM amended edition. 3. Buildings with floors above 75 feet, NFPA 13, 2002 edition. 4. When the building is free standing or with property line separation, two 1100rs and 1500 sf per floor or less, NFPA 13D, 2002 Edition. 5. For exterior wall and opening protection. As required by this section. Exception: When the automatic sprinkler systems are used to reach compliance using this code, in three or more occasions, the system shall be NFPA standard 13D shall be increased to NFPA 13R Standard, or NFPA 13R standard shall be increased to a NFPA 13 standard. 8·410.3 Automatic sprinkler systems shall not be used to sub- stitute for or act as an alternate to the required number of exits from any facility. (See Chapter 8-5 for exiting requirements.) 8-410.4 An automatic sprinkler system shall be provided in all detention facilities. 8 SECTION 8-411 OTHER TECHNOLOGIES Fire alarm systems, smoke and heat detection systems, occu- pant notification and annunciation systems, smoke control sys- tems and fire modeling, times egress analysis and modeling, as well as other engineering methods and technologies may be accepted by the enforcing agency to address areas of non- conformance. SECTION 8-412 HIGH-RISE BUILDINGS Qualified historical buildings having floors for human occu- pancy located more than 75 feet above the lowest floor level having building access shall conform to the provisions of the regular code for existing high-rise buildings as amended by the CHBC. 2013 CALIFORNIA HISTORICAL BUILDING CODe SECTION 8-501 PURPOSE, INTENT AND SCOPE 8-501.1 Purpose. The purpose of this chapter is to establish minimum means of egress regulations for qualified historical buildings or properties. The CHBC requires enforcing agen- cies to accept reasonably equivalent alternatives to the means of egress requirements in the regular code. 8-501.2 Intent. The intent of these regulations is to provide an adequate means of egress. 8-501.3 Scope. Every qualified historical building or portion thereof shall be provided with exits as required by the CHBC when required by the provisions of Section 8-102. SECTION 8-502 GENERAL 8-502.1 General. The enforcing agency shall grant reasonable exceptions to the specific provisions of applicable egress regu- lations where such exceptions will not adversely affect life safety. 8-502.2. Existing door openings and corridor widths of less than dimensions required by regular code shall be permitted where there is sufficient width and height for the occupants to pass through the opening or traverse the exit. 8-502.3 Stairs. Existing stairs having risers and treads or width at variance with the regular code are allowed if deter- mined by the enforcing agency to not constitute a distinct haz- ard. Handrails with nonconforming grip size or extensions are allowed if determined by the enforcing agency to not constitute a distinct hazard. 8-50204 Main entry doors. The front or main entry doors need not be rehung to swing in the direction of exit travel, pro- vided other means or conditions of exiting, as necessary to serve the total occupant load, are provided. 8-502.5 Existing fire escapes. Existing previously approved fire escapes and fire escape ladders shall be acceptable as one of the required means of egress, provided they extend to the ground and are easily negotiated, adequately signed and in good working order. Access shall be by an opening having a minimum width of 29 inches (737mm) when open with a sill no more than 30 inches (762mm) above the adjacent floor, landing or approved step. 8-502.6 New fire escapes and fire escape ladders. New fire escapes and fire escape ladders which comply with this section shall be acceptable as one of the required means of egress. New fire escapes and new fire escape ladders shall comply with the following: 1. Access from a corridor shall not be through an interven- ing room. 2. All openings within 10 feet (3048 mm) shall be pro- tected by tllTee-fourths-hour fire assemblies. When 2013 CALIFORNIA HISTORICAL BUILDING CODE F 8-5 located within a recess or vestibule, adjacent enclosure walls shall be of not less than one-hour fire-resistive construction. 3. Egress from the building shall be by a clear opening having a minimum dimension of not less than 29 inches (737 mm). Such openings shall be openable from the inside without the use of a key or special knowledge or effort. The sill of an opening giving access shall not be more than 30 inches (737 mm) above the floor, step or landing of the building or balcony. 4. Fire escape stairways and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.79 kN/m2) and shall be provided with a top and intermediate handrail on each side. The pitch of the stairway shall not exceed 72 degrees with a mini- mum width of 18 inches (457 mm). Treads shall not be less than 4 inches (102 mm) in width, and the rise between treads shall not exceed 10 inches (254 mm). All stair and balcony railings shall support a horizontal force of not less than 50 pounds per lineal foot (729.5 N/m2) of railing. 5. Balconies shall not be less than 44 inches (1118 mm) in width with no floor opening other than the stairway opening greater than 5/8 inch (15.9 mm) in width. Stair- way openings in such balconies shall not be less than 22 inches by 44 inches (559 by 1118 mm). The balustrade of each balcony shall not be less than 36 inches (914 mm) high with not more than 9 inches (287 mm) between balusters. 6. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between the top floor land- ing and the roof when serving buildings four or more stories in height having roofs with less than 4 units ver- tical in 12 units horizontal (33.3 percent slope). Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds (445 N) placed anywhere on the rung. All ladders shall be at least 15 inches (381 mm) wide, located within 12 inches (305 mm) of the building. Ladder rungs shall be 3/4 inch (19.1 mm) in diameter and shall be located 12 inches (305 mm) on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches (762 by 838 mm). The length of fire escapes and exit ladder devices shall be limited to that approved by the building offi- cial based on products listed by a recognized testing laboratory. 7. The lowest balcony shall not be more than 18 feet (5486 mm) from the ground. Fire escapes shal1 extend to the ground or be provided with counterbalanced stairs reaching to the ground. 9 MEANS OF EGRESS 8. Fire escapes shall not take the place of stairways required by the codes under which the building was constructed. 9. Fire escapes shall be kept clear and unobstructed at all times and maintained in good working order. SECTION 8-503 ESCAPE OR RESCUE WINDOWS AND DOORS Basements in dwelling units and every sleeping room below the fourth floor shall have at least one openable window or door approved for emergency escape which shaH open directly into a public street, public way, yard or exit court. Escape or rescue windows or doors shall have a minimum clear area of 3.3 square feet (0.31 m 2 ) and a minimum width or height dimen- sion of 18 inches (457 mm) and be operable from the inside to provide a full, clear opening without the use of special tools. SECTION 8-504 RAILINGS AND GUARDRAILS The height of railings and guard railings and the spacing of bal- usters may continue in their historical height and spacing unless a distinct hazard has been identified or created by a change in use or occupancy. 10 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 6 SECTION 8-601 PURPOSE, INTENT AND SCOPE 8-601.1 Purpose. The purpose of the CHBC is to provide alter- native regulations to facilitate access and use by persons with disabilities to and throughout facilities designated as qualified historical buildings or properties. These regulations require enforcing agencies to accept alternatives to regular code when dealing with qualified historical buildings or properties. 8-601.2 Intent. The intent of this chapter is to preserve the integrity of qualified historical buildings and properties while providing access to and use by persons with disabilities. 8-601.3 Scope. The CHBC shall apply to every qualified his- torical building or property that is required to provide access to persons with disabilities. 1. Provisions of this chapter do not apply to new construc- tion or reconstruction/replicas of historical buildings. 2. Where provisions of this chapter apply to alteration of qualified historical buildings or properties, alteration is defined in California Building Code (CBC), Chapter 2, Definitions and Abbreviations. 202 -A. Alter or Alter- ation. 8-601.4 General application. The provisions in the CHBC apply to local, state and federal governments (Title II entities); alteration of commercial facilities and places of public accom- modation (Title III entities); and barrier removal in commercial facilities and places of public accommodation (Title III enti- ties). as noted in this chapter. SECTION 8-602 BASIC PROVISIONS 8-602.1 Regular code. The regular code for access for people with disabilities (Title 24, Part 2, VoL 1, Chapter lIB) shall be applied to qualified historical buildings or properties unless strict compliance with the regular code will threaten or destroy the historical significance or character-defining features of the building or property. 8-602.2 Alternative provisions. If the historical significance or character-defining features are threatened, alternative provi- sions for access may be applied pursuant to this chapter, pro- vided the following conditions are met: 1. These provisions shall be applied only on an item-by-item or a case-by-case basis. 2. Documentation is provided, including meeting minutes or letters, stating the reasons for the application of the alternative provisions. Such documentation shall be retained in the permanent file of the enforcing agency. 2013 CALIFORNIA HISTORICAL BUILDING CODE SECTION 8-603 ALTERNATIVES 8-603.1 Alternative minimum standards. The alternative minimum standards for alterations of qualified historical build- ings or facilities are contained in Section 4.1.7(3) of ADA Stan- dards for Accessible Design, as incorporated and set forth in federal regulation 28 C.P.R. Pt. 36. 8-603.2 Entry. These alternatives do not allow exceptions for the requirement of level landings in front of doors, except as provided in Section 8-603.4. 1. Access to any entrance used by the general public and no further than 200 feet (60 960 mm) from the primary entrance. 2. Access at any entrance not used by the general public but open and unlocked with directional signs at the pri- mary entrance and as close as possible to, but no further than 200 feet (60960 mm) from, the primary entrance. 3. The accessible entrance shall have a notification sys- tem. Where security is a problem, remote monitoring may be used. 8-603.3 Doors. Alternatives listed in order of priority are: 1. Single-leaf door which provides a minimum 30 inches (762 mm) of clear opening. 2. Single-leaf door which provides a minimum 29 1 /2 inches (749 mm) clear opening 3. Double door, one leaf of which provides a minimum 29 1 /2 inches (749 rum) clear opening. 4. Double doors operable with a power-assist device to provide a minimum 29 1 /2 inches (749 mm) clear open- ing when both doors are in the open position. 8-603.4 Power-assisted doors. Power-assisted door or doors may be considered an equivalent alternative to level landings, strikes ide clearance and door-opening forces required by the regular code. 8-603.5 Toilet rooms. In lieu of separate-gender toilet facili- ties as required in the regular code, an accessible unisex toilet facility may be designated. 8·603.6 Exterior and interior ramps and lifts. Alternatives listed in order of priority are: 1. A lift or a ramp of greater than standard slope but no greater than 1: 10, for horizontal distances not to exceed 5 feet (1525 mm). shall be posted at upper and lower levels to indicate steepness of the slope. 2. Access by ramps of 1 :6 slope for horizontal distance not to exceed 13 inches (330 mm). Signs shall be posted at upper and lower levels to indicate steepness of the slope. 11 ACCESSIBILITY SECTION 8-604 EQUIVALENT FACILITATION Use of other designs and technologies, or deviation from par- ticular technical and scoping requirements, are permitted if the application of the alternative provisions contained in Section 8-603 would threaten or destroy the historical significance or character-defining features of the historical building or property. 1. Such alternatives shall be applied only on an item-by- item or a case-by-case basis. 2. Access provided by experiences, services, functions, materials and resources through methods including, but not limited to, maps, plans, videos, virtual reality and related equipment, at accessible levels. The alternative design and/or technologies used will provide substan- tially equivalent or greater accessibility to, and usability of, the facility. 3. The official charged with the enforcement of the stan- dards shall document the reasons for the application of the design and/or technologies and their effect on the historical significance or character-defining features. Such documentation shall be in accordance with Sec- tion 8-602.2, Item 2, and shall include the opinion and comments of state or local accessibility officials, and the opinion and comments of representative local groups of people with disabilities. Such documentation shall be retained in the pelmanent file of the enforcing agency. Copies of the required documentation should be available at the facility upon request. Note: For commercial facilities and places of public accommodation (Title III entities). Equivalent facilitation for an element of a building or prop- erty when applied as a waiver of an ADA accessibility require- ment will not be entitled to the Federal Department of Justice certification of this code as rebuttable evidence of compliance for that element. 12 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8-7 STRUCTURAL SECTION 8-701 PURPOSE, INTENT AND SCOPE 8-701.1 Purpose. The purpose ofthe CHBC is to provide alter- native regulations to the regular code for the structural safety of buildings designated as qualified historical buildings or prop- erties. The CHBC requires enforcing agencies to accept any reasonably equivalent alternatives to the regular code when dealing with qualified historical buildings or properties. 8-701.2 Intent. The intent of this chapter is to encourage the preservation of qualified historical buildings or structures while providing standards for a minimum level of building per- formance with the objective of preventing partial or total struc- tural collapse such that the overall risk of life-threatening injury as a result of structural collapse is low. 8-701.3 Application. The alternative structural regulations provided by Section 8-705 are to be applied in conjunction with the regular code whenever a structural upgrade or reconstruc- tion is undertaken for qualified historical buildings or proper- ties. SECTION 8-702 GENERAL 8-702.1 The CHBC shall not be construed to allow the enforcing agency to approve or permit a lower level of safety of structural design and construction than that which is reason- ably equivalent to the regular code provisions in occupancies which are critical to the safety and welfare of the public at large, including, but not limited to, public and private schools, hospi- tals, municipal police and fire stations and essential services facilities. 8-702.2 Nothing in these regulations shall prevent voluntary and partial seismic upgrades when it is demonstrated that such upgrades wil1 improve life safety and when a full upgrade would not otherwise be required. SECTION 8-703 STRUCTURAL SURVEY 8-703.1 Scope. When a structure or portion of a structure is to be evaluated for structural capacity under the CHBC, it shall be surveyed for structural conditions by an architect or engineer knowledgeable in historical structures. The survey shall evalu- ate deterioration or of distress. The survey shall deter- mine the details of the structural framing and the system for resistance of gravity and lateral loads. Details, reinforcement and anchorage of structural systems and veneers shall be deter- mined and documented where these members are relied on for seismic lateral resistance. 8-703.2 The results of the survey shall be utilized for evaluating the structural capacity and for designing modifications to the structural system to reach compliance with this code. 2013 CALIFORNIA HISTORICAL BUILDING CODE u 8-703.3 Historical records. Past historical records of the structure or similar structures may be used in the evaluation, including the effects of subsequent alterations. SECTION 8-704 NONHISTORICAl ADDITIONS AND NONHISTORICAL ALTERATIONS 8-704.1 New nonhistorical additions and nonhistorical alter- ations which are structurally separated from an existing histori- cal building or structure shall comply with regular code requirements. 8-704.2 New nonhistorical additions which impose vertical or lateral loads on an existing structure shall not be permitted unless the affected part of the supporting structure is evaluated and strengthened, if necessary, to meet regular code require- ments. Note: For use of archaic materials, see Chapter 8-8. SECTION 8-705 STRUCTURAL REGULATIONS 8-705.1 Gravity loads. The capacity of the structure to resist gravity loads shall be evaluated and the structure strengthened as necessary. The evaluation shaH include a11 parts of the load path. Where no distress is evident, and a complete load path is present, the structure may be assumed adequate by having withstood the test of time if anticipated dead and live loads will not exceed those historically present. 8-705.2 Wind and seismic loads. The ab i Ii ty of the structure to resist wind and seismic loads shall be evaluated. Wind loads shall be considered when appropriate, but need not exceed 75% of the wind loads prescribed by the regular code. The evalua- tion shall be based on the requirements of Section 8-706. 8.705.2.1 Any unsafe conditions in the lateral-load-resisting system shall be corrected, or alternative resistance shall be pro- vided. When strengthening is required, additional resistance shall be provided to meet the minimum requirements of the CHBC. The strengthening measures shall be selected with the intent of meeting the performance objectives set forth in Sectio 8-701.2. The evaluation of structural members and structural systems for seismic loads shall consider the inelastic perfor- mance of structural members and their ability to maintain load-carrying capacity during the seismic loadings prescribed by the regular code. 8.705.2.2 The architect or engineer shaH cons.ider additional measures with minimal loss and impact to, historical mate- rials which will reduce damage and needed repairs in future earthquakes to better preserve the historical structure in perpetuity. These additional measures shall be presented to the owner for consideration as part of the rehabilitation or restoration. 13 STRUCTURAL REGULATIONS SECTION 8-706 LATERAL LOAD REGULATIONS 8 p 706.1 Seismic forces. Strength-level seismic forces used to evaluate the structure for resistance to seismic loads shall be based on the R-values tabulated in the regular code for similar lateral-force-resisting systems including consideration of the structural detailing ofthe members where such R-values exist. Where such R-values do not exist, an appropriate R-value shall be rationally assigned considering the structural detailing of the members. Exceptions: I. The forces need not exceed 0.75 times the seismic forces prescribed by the regular code requirements. 2. For Occupancy Category I, II or III structures, near-fault increases in ground motion (maximum considered earthquake ground motion of 0.2 second spectral response greater than 150 percent at 5 percent damping) need not be considered when the funda- mental period of the building is 0.5 seconds in the direction under consideration. 3. For Occupancy Category I or II structures, the seismic base shear need not exceed 0.30W. 4. For Occupancy Category III or IV structures, the seis- mic base shear need not exceed 0.40W. 8p 706.1.1 When a building is to be strengthened with the addition of a new lateral force resisting system, the R value of the new system can be used when the new lateral force resisting system resists at least 75 percent of the building's base shear regardless of its relative rigidity. 8-706.1.2 Unreinforced masonry bearing wall buildings shall comply with the Cal~fornia Existing Building Code Appendix Chapter AI, 2010 Edition, and as modi- fied by the CHBC. Alternative standards lTIay be used on a case-by-case basis when approved by the authority having jurisdiction. It shan be permitted to exceed the strength limi- tation of 100 psi in Section A 108.2 of the CEBC when test data and building configuration supports higher values sub- ject to the approval of the authority having jurisdiction. 8-706.1.3 All deviations from the detailing provisions of the lateral-force-resisting systems shall be evaluated for stabil- ity and the ability to maintain load-carrying capacity at the expected inelastic deformations. 8-706.2 Existing building performance. The seismic resis- tance may be based upon the ultimate capacity of the structure to perform, giving due consideration to ductiHty and reserve strength of the lateral-force-resisting system and materials while maintaining a reasonable factor of safety. Broad judgment may be exercised regarding the strength and perfor- mance of materials not recognized by regular code require- ments. (See Chapter 8-8, Archaic Materials and Methods of Construction.) 14 8-706.2.1All structural materials or members that do not comply with detailing and proportioning requirements of the regular code shall be evaluated for potential seismic per- formance and the consequence of non-colTIpliance. All members that would be reasonably expected to fail and lead to collapse or life threatening injury when subjected to seis- mic demands shall be judged unacceptable, and appropriate structural strengthening shall be developed. 8-706.3 Load path. A complete and continuous load path, including connections, from every part or portion of the struc- ture to the ground shall be provided for the required forces. It shall be verified that the structure is adequately tied together to perform as a unit when subjected to earthquake forces. 8-706.4 Parapets. Parapets and exterior decoration shall be investigated for conformance with regular code requirements for anchorage and ability to resist prescribed seismic forces. An exception to regular code requirements shall be penn it - ted for those parapets and decorations which are judged not to be a hazard to life safety. 8-706.5 Nonstructural features. Nonstructural features of historical structure, such as exterior veneer, cornices and deco- rations, which might fall and create a life-safety hazard in an earthquake, shall be evaluated. Their ability to resist seismic forces shall be verified, or the feature shall be strengthened with improved anchorage when appropriate. 8-706.5.1 Partitions and ceilings of corridors and stairways serving an occupant load of 30 or more shall be investigated to determine their ability to remain in place when the build- is subjected to earthquake forces. 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 8 AN SECTION 8-801 PURPOSE, INTENT AND SCOPE 8-801.1 Purpose. The purpose of the CHBC is to provide regu- lations for the use of historical methods and materials of con- struction that are at variance with regular code requirements or are not otherwise codified, in buildings or structures desig- nated as qualified historical buildings or properties. The CHBC require enforcing agencies to accept any reasonably equivalent alternatives to the regular code when dealing with qualified his- torical buildings or properties. 8-801.2 Intent. It is the intent of the CHBC to provide for the use of historical methods and materials of construction that are at variance with specific code requirements or are not other- wise codified. 8-801.3 Scope. Any construction type or material that is, or was, part of the historical fabric of a structure is covered by this chapter. Archaic material s and methods of construction present in a historical structure may remain or be reinstalled or be installed with new materials of the same class to match existing conditions. SECTION 8-802 GENERAL ENGINEERING APPROACHES Strength values for archaic materials shall be assigned based upon similar conventional codified materials, or on tests as hereinafter indicated. The archaic materials and methods of construction shall be thoroughly investigated for their details of construction in accordance with Section 8-703. Testing shall be performed when applicable to evaluate existing conditions. The architect or structural engineer in responsible charge of the project shall assign allowable stresses or strength levels to archaic materials. Such assigned strength values shall not be greater than those provided for in the following sections with- out adequate testing, and shall be subject to the concurrence of the enforcing agency. SECTION 8-803 NONSTRUCTURAL ARCHAIC MATERIALS Where non structural historical materials exist in uses which do not meet the requirements of the regular code, their continued use is allowed by this code, provided that any public health and life-safety hazards are mitigated subject to the concurrence of the enforcing agency. SECTION 8-804 ALLOWABLE CONDITIONS FOR SPECIFIC MATERIALS Archaic materials which exist and are to remain in qualified historical buildings or structures shall be evaluated for their condition and for loads required by this code. The structural 2013 CALIFORNIA HISTORICAL BUILDING CODE OF CONSTRUCTION survey required in Section 8-703 of the CHBC shall document existing conditions, reinforcement, anchorage, deterioration and other factors pertinent to establishing allowable stresses, strength levels and adequacy of the archaic materials. The remaining portion of this chapter provides additional specific requirements for commonly encountered archaic materials. SECTION 8-805 MASONRY For adobe, see Section 8-806. 8-805.1 Existing solid masonry. Existing solid masonry walls of any type, except adobe, may be allowed, without testing, a maximum ultimate strength of nine pounds per square inch (62.1 kPa) in shear where there is a qualifying statement by the architect or engineer that an inspection has been made, that mortar joints are filled and that both brick and mortar are rea- sonably good. The shear stress above applies to unreinforced masonry, except adobe, where the maximum ratio of unsup- ported height or length to thickness does not exceed 13, and where minimum quality mortar is used or exists. Wall height or length is measured to supporting or resisting elements that are at least twice as stiff as the tributary wall. Stiffness is based on the gross section. Shear stress may be increased by the addition of 10 percent of the axial direct stress due to the weight of the wall directly above. Higher-quality mortar may provide a greater shear value and shall be tested in accordance with Appendix A, Chapter A 1 of the California Existing Building Code (CEBC) 2010 edition, and as modified by the CHBC. 8-805.2 Stone masonry. 8-805.2.1 Solid-backed stone masonry. Stone masonry solidly backed with brick masonry shall be treated as solid brick masonry as described in Section 8-805.1 and in the 2009 IEBC, provided representative testing and inspection verifies solid collar joints between stone and brick and that a reasonable number of stones lap with the brick wythes as headers or that steel anchors are present. Solid stone masonry where the wythes of stone effectively overlap to provide the equivalent header courses may also be treated as solid brick masonry. 8-805.2.2 Independent wythe stone masonry. Stone masonry with independent face wythes may be treated as solid brick masonry as described in Section 8-805.1 and the CEBC, provided representative testing and inspection ver- ify that the core is essentially solid in the masonry wall and that steel ties are epoxied in drilled holes between outer stone wythes at floors, roof and not to exceed 4 feet (1219 mm) on center in each direction, between floors and roof. A reinforcing element shall exist or be provided at or near the top of all stone masonry walls. 8-805.2.3 Testing of stone masonry. Testing of stone masonry shall be similar to the 2010 CEBC requirements 15 ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION for brick masonry, except that representative stones which are not interlocked shall be pulled outward from the wall and shear area appropriately calculated after the test. 8-805.3 Reconstructed walls. Totally reconstructed walls uti- lizing original brick or masonry, constructed similar to origi- nal, shall be constructed in accordance with the regular code. Repairs or infills may be constructed in a similar manner to the original walls without conforming to the regular code. SECTION 8-806 ADOBE 8-806.1 General. Unburned clay masonry may be constructed, reconstructed, stabilized or rehabilitated subject to this chapter. Alternative approaches which provide an equivalent or greater level of safety may be used, subject to the concurrence of the enforcing agency. 8-806.2 Moisture protection. Provisions shall be in-place to protect adobe structures from deterioration due to moisture penetration. Adobe shall be maintained in reasonably good condition. Particular attention shall be given to moisture con- tent of adobe walls. U nmaintained walls or ruins shall be evalu- ated for safety based on their condition and stability. Additional protection measures may be appropriate subject to the concurrence of the enforcing agency. 8-806.3 Height to thickness ratio. Unreinforced new or exist- ing adobe walls shall meet these criteria need not be evaluated for out of plane failure. Where existing dimensions do not meet these conditions, additional strengthening measures, such as a bond beam, may be appropriate. Existing sod or rammed earth walls shall be considered similar to the extent these provisions apply. 1. One-story adobe load-bearing walls shall not exceed a height-to-thickness ratio of 6. 2. Two-story adobe buildings or structures' height- to-thickness wall ratio shall not exceed 6 at the ground floor and 5 at the second floor, and shall be measured at floor-to-floor height when the second floor and attic ceiling/roof are connected to the wall as described below. 8-806.4 Nonload-bearing adobe. Nonload-bearing adobe partitions and gable end walls shall be evaluated for stability and anchored against out-of-plane failure if necessary. 8-806.5 Bond beam. Where provided, a bond beam or equiva- lent structural element shall be located at the top of all adobe walls, and at the second floor for two-story buildings or struc- tures. The size and configuration of the structural element shall be sufficient to provide an effective brace for the wall, to tie the building together and to connect the wall to the floor or roof. 8-806.6 Repair or reconstruction. Repair or reconstruction of wall area may utilize unstabilized brick or adobe masonry designed to be compatible with the constituents of the existing adobe materials. 8-806.7 Shear values. Existing adobe may be allowed a maxi- mum strength level of twelve pounds per square inch (82.7 kPa) for shear. 16 8-806.8 Mortar. Mortar may be of the same soil composition as that used in the existing wall, or in new walls as necessary to be compatible with the adobe brick. SECTION 8 .. 807 WOOD 8-807.1 Existing wood diaphragms or walls. Existing wood diaphragms or walls of straight or diagonal sheathing shall be assigned shear resistance values appropriate with the fasteners and materials functioning in conjunction with the sheathing. The structural survey shall determine fastener details and spac- ings and verify a load path through floor construction. Shear values of Tables 8-8-A and 8-8-B. 8-807.2 Wood lath and plaster. Wood lath and plaster walls and ceilings may be utilized using the shear values referenced in Section 8-807.1. 8-807.3 Existing wood framing. Existing wood framing members may be assigned allowable stresses consistent with codes in effect at the time of construction. Existing or new replacement wood framing may be of archaic types originally used if properly researched, such as balloon and single walL Wood joints such as dovetail and mortise and tenon types may be used structurally, provided they are well made. Lumber selected for use and type need not bear grade marks, and greater or lesser species such as low-level pine and fir, box- wood and indigenous hardwoods and other variations may be used for specific conditions where they were or would have been used. Wood fasteners such as square or cut nails may be used with a maximum increase of 50 percent over wire nails for shear. SECTION 8-808 CONCRETE 8-808.1 Materials. Natural cement concrete, unreinforced rubble concrete and similar materials may be utilized wherever that material is used historically. Concrete of low strength and with less reinforcement than required by the regular code may remain in place. The architect or engineer shall assign appro- priate values of strength based on testing of samples of the materials. Bond and development lengths shall be determined based on historical information or tests. 8-808.2 Detailing. The architect or engineer shall carefully evaluate all detailing provisions of the regular code which are not met and shall consider the implications of these variations on the ultimate performance of the structure, giving due con- sideration to ductility and reserve strength. SECTION 8-809 STEEL AND IRON The hand-built, untested use of wrought or black iron, the use of cast iron or grey iron, and the myriad of joining methods that are not specifically allowed by code may be used wherever applicable and wherever they have proven their worth under the considerable span of years involved with most qualified histor- ical buildings or structures. Uplift capacity should be evaluated 2013 CALIFORNIA HISTORICAL BUILDING CODE and strengthened where necessary. Fixed conditions or midheight lateral loads on cast iron columns that could cause failure should be taken into account. Existing structural wrought, forged steel or grey iron may be assigned the maxi- mum working stress prevalent at the time of original construc- tion. SECTION 8-810 HOLLOW CLAY "riLE The historical performance of hollow clay tile in past earth- quakes shall be carefully considered in evaluating walls of hollow clay tile construction. Hollow clay tile bearing walls shall be evaluated and strengthened as appropriate for lateral loads and their ability to maintain support of gravity loads. Suitable protective measures shall be provided to prevent blockage of exit stairways, stairway enclosures, exit ways and public ways as a result of an earthquake. SECTION 8-811 VENEERS 8-811.1 Terra cotta and stone. Terra cotta, cast stone and nat- ural stone veneers shall be investigated for the presence of suit- ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION able anchorage. Steel anchors shall be investigated for deterio- ration or corrosion. New or supplemental anchorage shall be provided as appropriate. 8-811.2 Anchorage. Brick veneer with mechanical anchorage at spacings greater than required by the regular code may remain, provided the anchorages have not corroded. Nail strength in withdrawal in wood sheathing may be utilized to its capacity in accordance with code values. SECTION 8-812 GLASS AND GLAZING 8-812.1 Glazing subject to human impact. Historical glazing material located in areas subject to human impact may be approved subject to the concurrence of the enforcing agency when alternative protective measures are provided. These mea- sures may include, but not be limited to, additional glazing pan- els, protective film, protective guards or systems, and devices or signs which would provide adequate public safety. 8-812.2 Glazing in fire-rated systems. See Section 8-402.3. TABLES-SA STRENGTH VALUES FOR EXISTING MATERIALS EXISTING MATERIALS OR CONFIIGUIR~'rlOINS 1. Horizontal diaphragms2 1.1 Roofs with straight sheathing and roofing applied directly to the sheathing 1.2 Roofs with diagonal sheathing and roofing applied directly to the sheathing 1.3 Floors with straight tongue-and-groove sheathing 1.4 Floors with straight sheathing and finished wood flooring with board edges offset or perpendicu1ar 1.5 Floors with diagonal sheathing and finished 2. Crosswalls 2.3 2.1 Plaster on wood or metal lath 2.2 Plaster on gypsum lath 2.3 Gypsum wallboard, unblocked edges 3. Existing footings, wood framing, structural steel and reinforcing steel 3.1 Plain concrete footings 3.2 Douglas fir wood 3.3 Reinforcing steel 3.4 Structural steel IMaterial must be sound and in good condition. 300 lbs per foot for seismic shear 750 lbs per foot for seismic shear 300 lbs per foot for seismic shear 1,500 lbs per foot for seismic shear Per side: 600 lbs per foot for seismic shear 550 lbs per foot for seismic shear 200 lbs per foot for seismic shear 400 lbs er foot for seismic shear f; 1,500 psi (10.34 MPa) unless otherwise shown by tests 3 Allowable stress same as D.E No. 13 f, = 40,000 lbs per square inch (124.1 N/mm2) maximum 33,0001bs er s uare inch (137.9 N/rrun2 ) maximum 2Shear values of these materials may be combined, except the total combined value shall not exceed 900 pounds per foot (13,140 N/m). 3Stresses given may be increased for combinations of loads as specified in the regular code. 2013 CALIFORNIA HISTORICAL BUILDING CODE 17 ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION TABLE 8-8B STRENGTH VALUES OF NEW MATERIALS USED IN CONNECTION WITH EXISTING CONSTRUCTION NEW MATERIALS OR CONFIGURATIONS OF MATERIALS 1. Horizontal diaphragms" 1.1 15 /32 inch minimum plywood sheathing fastened directly over existing straight sheathing with edges of plywood located on center of individual sheathing boards and fastened with minimum #8x 11/4 inch wood screws or nails with helical threads 0.13 inch min. diameter and 11/4 inch min. length at 4 inch centers all panel edges and J 2 inch centers each way in field. 1.2 Same plywood and attachments as 1.1 fastened directly over existing diagonal sheathing. 1.3 \ inch plywood sheathing fastened directly over existing straight or diagonal sheathing with ends and edges on centers of individual sheathing boards and fastened with #6 wood screws or nails with helical threads 0.13 inch minimum diameter and III. inch min. length at 6 inch centers tall panel edges and 12 inch centers in field. 2. Shear walls: Plywood sheathing applied directly over wood studs. No value shall be give~lywood applied over exi~ting plaster or wood sheathing 3. Crosswalls: (special procedure only) 3.1 Plywood sheathing applied directly over wood studs. No value shal1 be given to plywood applied over existing plaster or wood sheathing 3.2 Drywall or plaster appJied directly over wood studs 3.3 Dr wall or plasg:r applied to sheathing over existing wood studs 4. Tension bolts a. Bolts extending entirely through unreinforced masonry walls secured with bearing plates on far side of a three-wythe- minimum wall with at teast 30 square inches (19 350 mm2 ) of area4,5 b. All thread rod extending to the exterior face of the wall installed embe(1de:d a minimum of 8 inches (203 mm) into unreinforced and centered in a 2 1/?-inch-diameter (63.5 mm) hole dry-pack or non shrink giout. Through bolts with first 8 mm) as noted above and embedded all thread code Reinfof(~ed concrete walls and piers reinforced as specified in the IValues are for strength level loads as defined in regular code standards. 2Values may be adjusted for other fasteners when approved by the enforcing authority. 3In addition to existing sheathing value. _____ ..:::.ST..:..:R:..::E=N..:..;G=.T=-:H. LEVEL CAPACITY' 1,500 Ibs per foot 1,800 lbs per foot 900 Ibs per foot 100 percent of the value specified in the regular code for shear 133 percent of the value specified in the regular code for shear walls 100 percent of the values in the regular code 50 ercent of the_values specified in the re ular code 5,400 lbs (24,010 N) per bolt6 2,700 lbs (12,009 N) per bolt for two-wythe walls6 3,6001bs (16,014 N) per bolt 1/2 inch (12.7 mm) diameter = 1050 Ibs (4671 N)6 5/8 inch (15.9 mm) diameter 1500 lbs (6672 N)6 3/4 inch (19 mm) diameter 2250 lbs (10,008 N)6 Same as values specified for unreinforced masonry walls Same Same values as specified in 4Bo]ts to be I/,-inch (12.7 mm) minimum diameter. SOt her bolt si;es, values and installation methods may be used provided a testing program is conducted in accordance with regular code standards. Bolt spacing shall not exceed 6 feet. (1830 mm) on center and shall not be less than 12 inches (305) mm) on center "Other masonry based on tests or other substantiated data. 7Embedded bolts to be tested as specified in regular code standards. &Stresses given may be increased for combinations of loads as specified in the regular code. Y Adhesives shall be approved by the enforcing agency and installed in accordance with the manufacturer's recommendations. All drilling dust shall be removed from drilled holes prior to installation. 18 2013 CALIFORNIA HISTORICAL BUILDING CODE M leAL, D SECTION 8-901 PURPOSE, INTENT AND SCOPE 8-901.1 Purpose. The purpose of the CHBC is to provide regu- lations for the mechanical, plumbing and electrical systems of buildings designated as qualified historical buildings or prop- erties. The CHBC requires enforcing agencies to accept any reasonable equivalent solutions to the regular code when deal- ing with qualified historical buildings or properties. 8-901.2 Intent. The intent of the CHBC is to preserve the integrity of qualified historical buildings or properties while providing a reasonable level of protection from fire, health and life-safety hazards (hereinafter referred to as safety hazards) for the building occupants. 8-901.3 Scope. The CHBC shall be applied in conjunction with the regular code whenever compliance with the regular code is required for qualified historical buildings or properties. 8-901.4 Safety hazard. No person shall permit any safety haz- ard to exist on premises under their control, or fail to take immediate action to abate such hazard. Existing systems which constitute a safety hazard when operational may remain in place, provided they are completely and pennanently rendered inoperative. Safety hazards created by inoperative systems shall not be permitted to exist. Requirements of the regular code concerning general regulations shall be complied with, except that the enforcing agency shall accept solutions which do not cause a safety hazard. 8-901.5 Energy conservation. Qualified historical buildings or properties covered by this part are exempted from compli- ance with energy conservation standards. When new nonhistoricallighting and space conditioning system compo- nents, devices, appliances and equipment are installed, they shall comply with the requirements of Title 24, Part 6, The Cal- ~lornia Energy Code, except where the historical significance or character-defining features are threatened. SECTION 8-902 MECHANICAL 8-902.1 General. Mechanical systems shall comply with the regular code unless otherwise modified by this chapter. 8-902.1.1 The provisions of the CHBC shall apply to the acceptance, location, installation, alteration, repair, reloca- tion, replacement or addition of any heating, ventilating, air conditioning, domestic incinerators, kilns or miscellaneous heat-producing appliances or equipment within or attached to a historical building. 8-902.1.2 Existing systems which do not, in the opinion of the enforcing agency, constitute a hazard may remain in use. 2013 CALIFORNIA HISTORICAL BUILDING CODE 8 .. 9 8-902.1.3 The enforcing agency may approve any alterna- tive to the CHBC which would achieve equivalent life safety. 8-902.2 Heating facilities. All dwelling-type occupancies covered under this chapter shall be provided with heating facil- ities. Wood-burning or pellet stoves or fireplaces may be acceptable as heating facilities. 8-902.3 Fuel oil piping and tanks. Fuel oil and tanks shaH comply with regular code requirements except that the enforcing agency may waive such requirements where the lack of compliance does not create a safety or environmenta1 hazard. 8-902.4 Heat-producing and cooling equipment. Heat-pro- ducing and cooling equipment shall comply with the regular code requirements governing equipment safety, except that the enforcing agency may accept alternatives which do not create a safety hazard. 8-902.5 Combustion air. 8-902.5.1 All fuel-burning appliances and equipment shaH be provided a sufficient supply of air for proper fuel com- bustion, ventilation and draft hood dilution. 8-902.5.2 The enforcing agency may require operational tests for combustion air systems which do not comply with applicable requirements of the regular code. 8-902.6 Venting of appliances. 8-902.6.1 Every appliance required to be vented shall be connected to an approved venting system. Venting systems shall develop a positive flow adequate to convey all combus- tion products to the outside atmosphere. 8-902.6.2 Masonry chimneys in structurally sound condi- tion may remain in use for all fuel-burning appliances, pro- vided the flue is evaluated and documentation provided that the masonry and grout are in good condition. TelTa cotta chimneys and Type C metallic vents installed in concealed spaces shan not remain in use unless otherwise mitigated and approved on a case-by-case basis. 8-902.6.3 The enforcing agency may require operational tests for venting systems which do not comply with applica- ble requirements of the regular code. 8-902.7 Ducts. 8-902.7.1 New ducts shall be constructed and installed in accordance with applicable requirements of the regular code. 8-902.7.2 Existing duct systems which do not comply with applicable requirements of the regular code and do not, in the opinion of the enforcing agency, constitute a safety or health hazard may remain in use. 8-902.8 Ventilating systems. 19 MECHANICAL, PLUMBING AND ELECTRICAL REQUIREMENTS 8-902.8.1 Ventilating systems shal1 be installed so that no safety hazard is created. 8-902.8.2 Grease hoods and grease hood exhaust systems shall be furnished and installed in accordance with applica- ble requirements of the regular code. systems which are altered shall comply with the regular code. 8-902.9 Miscellaneous equipment requirements. 8-902.9.1 The following appliances and equipment shall be instal1ed so that no safety hazard is created: warm air fur- naces, space heating equipment, vented decorative appli- ances, floor furnaces, vented wa11 furnaces, unit heaters, room heaters, absorption units, refrigeration equipment, duct furnaces, infrared radiant heaters, domestic incinera- tors, miscellaneous heat-producing appliances and water heaters. 8-902.9.2 Storage-type water heaters shall be equipped with a temperature-and pressure-relief valve in accordance with applicable requirements of the regular code. SECTION 8-903 PLUMBING 8-903.1 General. Plumbing systems shall comply with the reg- ular code unless otherwise noted. 8-903.1.1 The provisions of the CHBC shall apply to the acceptance, location, installation, alteration, repair, reloca- tion, replacement or addition of any plumbing system or equipment within or attached to a historical building. 8-903.1.2 Existing systems which do not, in the opinion of the enforci ng agency, constitute a safety hazard may remain in use. 8-903.1.3 The enforcing agency may approve any alterna- tive to these regulations which achieves reasonably equiva- lent life safety. 8-903.2 Residential occupancies. 20 8-903.2.1 Where toilet facilities are provided, alternative sewage disposal methods may be acceptable if approved by the local health department. In hotels, where private facili- ties are not provided, water closets at the ratio of one for each 15 rooms may be acceptable. 8-903.2.2 Toilet facilities are not required to be on the same floor or in the same building as sleeping rooms. Water-flush toilets may be located in a building immediately adjacent to the sleeping rooms. When alternative sewage disposal methods are utilized, they shall be located a minimum dis- tance from the sleeping rooms or other locations as approved by the local health department. 8-903.2.3 Kitchen sinks shall be provided in all kitchens. The sink and countertop may be of any smooth nonabsorbent finish which can be maintained in a sanitary condition. 8-903.2.4 Hand washing facilities shall be provided for each dwelling unit and each hotel guest room. A basin and pitcher may be acceptable as adequate hand washing facilities. 8-903.2.5 Hot or cold running water is not required for each plumbing fixture, provided a sufficient amount of water is supplied to permit the fixture's normal operation. 8-903.2.6 Bathtubs and lavatories with filler spouts less than 1 inch (25.4 mm) above the fixture rim may remain in use, provided there is an acceptable overflow below the rim. 8-903.2.7 Original or salvage water closets, urinals and flushometer valves shall be permitted in qualified historical buildings or properties. Historically accurate reproduction, nonlow-consumption water closets, urinals and flushometer valves shall be permitted except where historically accurate fixtures that comply with the regular code are available. 8-903.3 Materials. New nonhistorical materials shall comply wi th the regular code requirements. The enforcing agency shal1 accept alternative materials which do not create a safety hazard where their use is necessary to maintain the historical integrity of the building. 8·903.4 Drainage and vent systems. Plumbing fixtures shall be connected to an adequate drainage and vent system. The enforcing agency may require operational tests for drainage and vent systems which do not comply with applicable require- ments of the regular code. Vent terminations may be installed in any location which, in the opinion of the enforcing agency, does not create a safety hazard. 8-903.5 Indirect and special wastes. Indirect and special waste systems shall be installed so that no safety hazard is cre- ated. Chemical or industria] liquid wastes which may detri- mentally affect the sanitary sewer system shall be pretreated to render them safe prior to discharge. 8-903.6 Traps and interceptors. Traps and interceptors shall comply with the regular code requirements except that the enforcing agency shall accept solutions which do not increase the safety hazard. Properly maintained "s" and drum traps may remain in use. 8-903.7 Joints and connections. 8-903.7.1 Joints and connections in new plumbing systems shall comply with applicable requirements of the regular code. 8-903.7.2 Joints and connections in existing or restored sys- tems may be of any type that does not create a safety hazard. 8-903.8 Water distribution. Plumbing fixtures shall be con- nected to an adequate water distribution system. The enforcing agency may require operational tests for water distribution sys- tems which do not comply with applicable requirements of reg- ular code. Prohibited (unlawful) connections and cross connections shall not be permitted. 8-903.9 Building sewers and private sewage disposal sys- tems. New building sewers and new private sewage disposal systems shall comply with applicable requirements of the regu- lar code. 8-903.10 Fuel-gas piping. Fuel-gas piping shall comply with the regular code requirements except that the enforcing agency shall accept solutions which do not increase the safety hazard. 2013 CALIFORNIA HISTORICAL BUILDING CODE SECTION 8-904 ELECTRICAL 8-904.1 General. Electrical systems shall comply with the regular code unless otherwise permitted by this code, or approved by the authority having jurisdiction. 8-904.1.1 The provisions of the CHBC shall apply to the acceptance, location, installation, alteration, repair, reloca- tion, replacement or addition of any electrical system or por- tion thereof, the premise wiring, or equipment fixed in place as related to restoration within or attached to a qualified his- torical building or property. 8-904.1.2 Existing systems, wiring methods and electrical equipment which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain in use. 8-904.1.3 The enforcing agency may approve any alterna- tive to the CHBC which achieves equivalent safety. 8-904.1.4 Archaic methods that do not appear in present codes may remain and may be extended if, in the opinion of the enforcing agency, they constitute a safe installation. 8-904.2 Wiring methods. 8-904.2.1 Where existing branch circuits do not include an equipment grounding conductor and, in the opinion of the enforcing agency, it is impracticable to connect an equip- ment grounding conductor to the grounding electrode sys- tem, receptacle convenience outlets may remain the nongrounding type. 8-904.2.2 Ground fault circuit interrupter (GFCI) protected receptacles shall be installed where replacements are made at receptacle outlets that are required to be so protected by the regular code in effect at the time of replacement. Metal- lic face plates shall either be grounded to the grounded metal outlet box or be grounded to the grounding··type device when used with devices supplied by branch circuits without equipment grounding conductors. 8-904.2.3 Grounding-type receptacles shall not be used without a grounding means in an existing receptacle outlet unless GFCI protected. Existing nongrounding receptacles shall be permitted to be replaced with nongrounding or grounding-type receptacles where supplied through a ground fault circuit intelTupter. 8-904.2.4 Extensions of existing branch circuits without equipment-grounding conductors shall be permitted to sup- ply grounding-type devices only when the equipment grounding conductor of the new extension is grounded to any accessible point on the grounding electrode system. 8-904.2.5 Receptacle outlet spacing and other related dis- tance requirements shall be waived or modified if deter- mined to be impracticable by the enforcing agency. 8-904.2.6 For the replacement of lighting fixtures on an existing nongrounded lighting outlet, or when extending an existing nongrounding lighting outlet, the following shall apply: 1. The exposed conductive parts of lighting fixtures shall be connected to any acceptable point on the grounding electrode system, or 2013 CALIFORNIA HISTORICAL BUILDING CODE MECHANICAL, PLUMBING AND ELECTRICAL REQUIREMENTS 2. The lighting fixtures shall be made of insulating material and shall have no exposed conductive parts. Exception: Lighting fixtures mounted on electri- cally nonconductive ceilings or walls where located not less than either 8 feet (2438 mm) verti- cally or 5 feet (1524 mm) horizontally from grounded surfaces. 8-904.2.7 Lighting load calculations for services and feed- ers may be based on actual loads as installed in lieu of the "watts per square foot" method. 8-904.2.8 Determination of existing loads may be based on maximum demand recordings in lieu of calculations, pro- vided all of the fo] lowing are met: 1. Recordings are provided by the serving agency. 2. The maximum demand data is available for a one-year period. Exception: If maximum demand data for a one-year period is not available, the maximum demand data shall be permitted to be based on the actual amperes continuously recorded over a mini- mum 30-day period by a recording ammeter con- nected to the highest loaded phase of the feeder or service. The recording should reflect the maxi- mum demand when the building or space is occu- pied and include the measured or calculated load at the peak time of the year, including the larger of the heating or cooling equipment load. 3. There has been no change in occupancy or character ofload during the previous 12 months. 4. The anticipated load will not change, or the existing demand load at 125 percent plus the new load does not exceed the ampaci ty of the feeder or rating of the service. 21 22 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8 .. 10 QUALIFIED HISTORICAL DISTRICTS, SITES AND OPEN SPACES SECTION 8-1001 PURPOSE AND SCOPE 8-1001.1 Purpose. The purpose of this chapter is to provide regulations for the preservation, rehabilitation, restoration and reconstruction of associated historical features of qualified his- torical buildings, properties or districts (as defined in Chapter 8-2), and for which Chapters 8-3 through 8-9 ofthe CRBC may not apply. 8-1001.2 Scope. This chapter applies to the associated histori- cal features of qualified historical buildings or properties such as historical districts that are beyond the buildings themselves which include, but are not limited to, natural features and designed site and landscape plans with natural and man-made landscape elements that support their function and aesthetics. This may include, but will not be limited to: 1. Site plan layout configurations and relationships (pedestrian, equestrian and vehicular site circulation, topographical grades and drainage, and use areas). 2. Landscape elements (plant materials, site structures other than the qualified historical building, bridges and their associated structures, lighting, water features, art ornamentation, and pedestrian, equestrian and vehicu- lar surfaces). 3. Functional elements (utility placement, erosion control and environmental mitigation measures). SECTION 8-1002 APPLICATION 8-1002.1 The CHBC shall apply to all sites and districts and their features associated with qualified historical buildings or qualified historical districts as outlined in 8-1001.2 Scope. 2013 CALIFORNIA HISTORICAL BUILDING CODE 8-1002.2 Where the application of regular code may impact the associated features of qualified historical properties beyond their footprints, by work performed secondarily, those impacts shall also be covered by the CHBC. 8-1002.3 This chapter shall be applied for all issues regarding code compliance or other standard or regulation as they affect the purpose of this chapter. 8-1002.4 The application of any code or building standard shall not unduly restrict the use of a qualified historical build- ing or property that is otherwise permitted pursuant to Chapter 8-3 and the intent of the State Historical Building Code, Sec- tion 18956. SECTION 8-1003 SITE RELATIONS The relationship between a building or property and its site, or the associated features of a district (including qualified histori- cal landscape), site, objects and their features are critical com- ponents that may be one of the criteria for these buildings and properties to be qualified under the CHBC. The CHBC recog- nizes the importance of these relationships. This chapter shall be used to provide context sensitive solutions for treatment of qualified historical buildings, properties, district or their asso- ciated historical features, or when work to be performed sec- ondarily impacts the associated historical features of a qualified historical building or property. 23 24 2013 CALIFORNIA HISTORICAL BUILDING CODE CHAPTER 8-1 When modification must be made to qualified historical build- ings and properties, the CHBC is intended to work in conjunc- tion with the United States Secretary of Interior Standards for the Treatment of Historic Properties with Guidelines for Pre- serving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for the Treat- ment of Cultural Landscapes. CHAPTER 8-6 TABLE 1-PROVISION APPLICABILITY SECTION 8-601 PURPOSE, INTENT, SCOPE 8-601.1 Purpose. The purpose of the CHBC is to provide alternative regulations to facilitate access and use by persons with disabilities to and throughout facilities designated as qualified historical buildings or properties. These regulations require enforcing agencies to accept alternatives to regular code when dealing with qualified historical buildings or properties. 8-601.2 Intent. The intent of this chapter is to preserve the integrity of qualified historical buildings and properties while providing access to and use by people with disabilities. 8-601.3 Scope. The CHBC shall apply to every qualified historical building or property that is required to provide access to people with disabilities. 1. Provisions of this chapter do not apply to new construction or reconstrnctionlreplicas of historical buildings. 2. Where provisions of this chapter apply to alteration of qualified historical buildings or properties, alteration is defined in Cal~fornia Building Code (CBC), Chapter 2, Definitions and Abbreviations. 202 -A. Alter or Alteration. 8-601.4 General application. The provisions in the CHBC apply to local, state and federal governments (Title n entities); alteration of commercial facilities and places of public accommodation (Title III entities); and barrier removal in commercial facilities and places of public accommodation (Title III entities). Except as noted in this chapter. SECTION 8-602 BASIC PROVISIONS 8-602.1 Regular code. The regular code for access for people with disabilities (Title 24, Part 2, VoU, Chapter 11 B) shall be applied to qualified historical buildings or properties unless strict compliance with the regular code will threaten or destroy the historical significance or character-defining features of the building or property. 8-602.2 Alternative provisions. If the historical significance or character-defining features are threatened, alternative provisions for access may be applied pursuant to this chapter, provided the following conditions are met: 1. These provisions shall be applied only on an item-by-item or caf;e-I[)V-Cmie 2. Documentation is provided, including reasons for the application of the ,,It,>rn'lt1l1P nlrrnl""''''"'' be retained in the permanent file of (continued) 2013 CALIFORNIA HISTORICAL BUILDING CODE Public Entities Applies Applies Applies Applies 25 APPENDIX A TABLE 1-PROVISION APPliCABIliTY-continued Title III Title II Title III Barrier Public Entities Private Entities Removal :SELTIUN ALTERNA' 8-603.1 Alternative minimum standards. The alternative minimum standards for Applies Applies Applies alterations of qualified historical buildings or facilities are contained in Section 4.1.7(3) of ADA Standards for Accessible Design, as incorporated and set forth in federal regulation 28 C.ER. Pt. 36. 8-603.2 Entry. These alternatives do not allow exceptions for the requirement of level Applies Applies Applies landings in front of doors, except as provided in Section 8-603.4. I. Access to any entrance used by the general public and no further than 200 feet (60 960 mm) from the primary entrance. 2. Access at any entrance not used by general public but open and unlocked with directional signs at the primary entrance and as close as possible to, but no further than 200 feet (60 960 mm) from, the primary entrance. 3. The accessible entrance shall have a notification system. Where security is a problem, remote monitoring may be used. 8-603.3 Doors. Alternatives listed in order of priority are: Does not Does not Applies l. Single-leaf door which provides a minimum 30 inches (762 mm) of clear opening. apply apply 2. Single-leaf door which provides a minimum inches (749 mm) clear opening. 3. Double door, one leaf of which provides a minimum 291 /2 inches (749 mm) clear opening. 4. Double doors operable with a power-assist device to provide a minimum 29 1 /2 inches (749 mm) clear opening when both doors are in the open position. Exception: Alternatives in this section do not apply to alteration of commercial facil- ities and places of public accommodation (Title III entities). 8-603.4 Power-assisted doors. Power-assisted door or doors may be considered an Applies Applies Applies equivalent alternative to level landings, strikeside clearance and door-opening forces required by regular code. 8-603.5 Toilet rooms. In lieu of separate-gender toilet facilities as required in the regular Applies Applies Applies code, an accessible unisex toilet may be designated. 8-603.6 Exterior and interior ramps and lifts. Alternatives listed in order of priority Applies Applies Applies are: 1. A I ift or a ramp of greater than standard slope but no greater than 1: 10, for horizontal distances not to exceed 5 feet (1525 mm). Signs shall be posted at upper and lower levels to indicate steepness ofthe slope. 2. Access by ramps of 1:6 slope for horizontal distance not to exceed 13 inches (330 mm). shall be posted at upper and lower levels to indicate steepness of the slope. . (continued) 26 2013 CALIFORNIA HISTORICAL BUILDING CODe TABLE i-PROVISION APPLICABILITY-continued I Title II Public Title III Entities Private Entities SECTION 8-604 -EQUIVALENT FACILITATION Applies Waivers Use of other designs and technologies, or deviation from particular technical and If a builder scoping requirements, are pennitted if the application of the alternative provisions applies for a contained in Section 8-603 would threaten or destroy the historical significance or waiver of an character-defining features of the qualified historical building or property. ADA l. Such alternatives shall be applied only on an item-by-item or case-by-case basis. accessibility 2. Access provided by experiences, services, functions, materials and resources requirement for an element of a through methods inc1uding, but not limited to, maps, plans, videos, virtual reality building, he or and related equipment, at accessible levels. The alternative design andlor she will not be technologies used will provide substantially equivalent or greater accessibility to, entitled to and usability of, the facility. certification's 3. The official charged with the enforcement of the standards shall document the rebuttable reasons for the application of the design andlor technologies and their effect on evidence of the historical significance or character-defining features. Such documentation compliance for shall be in accordance with Section 8-602.2, Item 2, and shal1 inc1ude the opinion that element. and comments of state or local accessibility officials, and the opinion and This limitation comments of representative local groups of people with disabilities. Such on the documentation shall be retained in the permanent file of the enforcing agency. certification Copies of the required documentation should be available at the facility upon determination request. should be noted Note: For commercial facilities and places of public accommodation (Title III enti-in any ties). publication of Chapter 8-6 if Equivalent facilitation for an element of a building or property when applied as a certification is waiver of an ADA accessibility requirement will not be entitled to the Federal Department of Justice certification of this code as rebuttable evidence of compliance for granted. that element. ---- Notes: The regular code for Chapter 8-6 is contained in Title 24, Part 2, VoLl, Chapter 11, which contain standards for nav construction. Provisions of this chapter may be used in conjunction with all other provisions of the regular code and ADA regulations. 2013 CALIFORNIA HISTORICAL BUILDING CODE APPENDIX A Title III Barrier Removal ---~~- Applies i 27 28 2013 CALIFORNIA HISTORICAL BUILDING CODE HISTORY NOTE APPENDIX CALIFORNIA HISTORICAL BUILDING CODE (Title 24, Part 8, California Code of Regulations) For prior history, see History Note Appendix to the California Historical Building Code, 2010 Triennial Edition, effective January 1,2011. 1. Editorial correction to Chapter 8-8, Section 8-812, Tables 8-8A and 8-8B. Include missing tables in 2007 annual code adoption supplement. 2. SHBSB 01110 Repeal and amend Chapters 8-7 and 8-8 of the 2010 California Historical Building Code, CCR, Title 24, Part 8 regulated by the State Historical Building Safety Board, effective on July 1, 2012. 3. Repeal the 2010 California Historical Building Code, CCR, Title 24, Part 8 and adopt the 2013 California Historical Building Code, CCR, Title 24, Part 8 approved by the Building Standards Commission on December 12,2012. Published on July 1,2013 and effective on January 1, 2014. 2013 CALIFORNIA HISTORICAL BUILDING CODE 29 30 2010 CALIFORNIA HISTORICAL BUILDING CODE FEDERAL PRESERVATION PROGRAM NOTES Federal Historic Preservation Tax Incentives Program The Federal Historic Preservation Tax Incentives program is one of the nation's most successful and cost-effective public/private revitalization programs. The program fosters private sector rehabilitation of historic buildings and promotes economic revitalization. It also provides a strong alternative to government ownership and management of such historic properties. The Federal Historic Preservation Tax Incentives are available for buildings that are National Historic Landmarks, are listed in the National Register, and that contribute to National Register Historic Districts and certain state or local historic districts. Properties must be income-producing and must be rehabilitated according to standards set by the Secretary of the Interior. Jointly managed by the National Park Service (NPS) and the Internal Revenue Service (IRS) in partnership with State Historic Preservation Offices (SHPOs), the Historic Preservation Tax Incentives program rewards private investment in rehabilitating historic buildings. Prior to the program, the U.S. tax code favored the demolition of older buildings over saving and using them. Starting in 1976, the Federal tax code became aligned with national historic preservation policy to encourage voluntary, private sector investment in preserving historic buildings. Since that time, the tax incentives have leveraged over $33 billion of private sector investment to preserve and rehabilitate over 32,000 historic properties, including the creation of nearly 185,000 housing units, of which over 75,000 are low and moderate-income units. BRAC and Federal Historic Preservation Tax Incentives The implementation of Base Realignment and Closure (BRAC) 2005 presents an opportunity for developers to convert historic military properties into new uses, utilizing the Federal Historic Preservation Tax Incentives program. Current tax incentives for preservation, established by the Tax Reform Act of 1986 (PL 99-514; Internal Revenue Code Section 47 [formerly Section 48(g)]) include: • a 20% tax credit for the certified rehabilitation of certified historic structures and • a 10% tax credit for the rehabilitation of non-historic, non-residential buildings built before 1936. For both credits, the rehabilitation must be substantial and must involve a depreciable building. The substantial rehabilitation test means that the cost of rehabilitation must exceed the pre- rehabilitation cost of the building. Generally, this test must be met within two years or within five years for a project completed in multiple phases. A depreciable building is one that after rehabilitation must be used for an income-producing purpose for at least five years. Owner- occupied residential properties do not qualify for the federal rehabilitation tax credit. A tax credit differs from an income tax deduction. An income tax deduction lowers the amount of income subject to taxation. A tax credit, however, lowers the amount of tax owed. In general, a dollar of tax credit reduces the amount of income tax owed by one dollar. The 20% rehabilitation tax credit applies to any project that the Secretary of the Interior designates a certified rehabilitation of a certified historic structure. A certified historic structure is defined as a building that is listed in the National Register of Historic Places, either individually or as a contributing building in a National Register historic district, or as a contributing building within a local historic district that has been certified by the Department of the Interior (National Park Service). Buildings in historic districts must be certified or approved by NPS as contributing to the district as part of the Historic Preservation Certification Application. The MNPS must approve, or certify all rehabilitation projects seeking the 20% tax credit. A certified rehabilitation is a rehabilitation of a certified historic structure that is approved by the NPS as being consistent with the historic character of the property and, where applicable, the historic district in which it is located. The 20% credit is available for properties rehabilitated for commercial, industrial, agricultural, or rental residential purposes, but it is not available for properties used exclusively as the owner’s private residence. As an alternative, the 10% credit applies only to non-historic buildings rehabilitated for non-residential uses. Rental housing would thus not qualify. Hotels, however, do qualify, as they are considered to be in commercial use, not residential. Both the 20% and 10% credits apply only to buildings – not to ships, bridges, or other structures. In addition, the rehabilitation must be substantial; that is exceeding either $5,000 or the adjusted basis of the property, whichever is greater. And the building must be depreciable. While the 10% rehabilitation tax credit applies only to non-historic, non-residential buildings built before 1936, the 20% rehabilitation tax credit applies only to certified historic structures, and may include buildings built after 1936. The two credits are mutually exclusive; that is, only one applies to a given project and the two cannot be combined to be used on the same project. Which credit applies depends on the building – not on the owner’s preference. Buildings listed in the National Register of Historic Places are not eligible for the 10% credit and buildings located in National Register-listed historic districts are presumed to be historic and are therefore not eligible for the 10% credit unless the owners request that the buildings be certified as non- contributing to the historic district. Application Process for the 20% Tax Credit The Historic Preservation Certification application is a 2- or 3-part process, depending on whether the building is individually listed in the National Register of Historic Places. Each part requires approval or “certification” by the NPS. The application is always submitted in duplicate to the State Historic Preservation Officer (SHPO), which retains one copy and forwards the other to the NPS. It is important to remember that projects are reviewed by both the SHPO and the NPS, but only the NPS approves projects for the Federal tax credit. Both the NPS and the IRS strongly encourage owners to apply before they start work. Part 1: Evaluation of Significance of the Property Owners of buildings located in a historic district or buildings eligible for listing in the National Register of Historic Places must complete Part 1 of the application to determine if the building contributes to the significance of the historic district. The owner submits this application to the SHPO. The SHPO reviews the application and forwards it to the NPS with a recommendation for approving or denying the request. If the NPS determines that the building does contribute to the significance of the historic district, the National Park Service issues a decision that the building is a certified historic structure. The NPS bases its decision on the Secretary of the Interior’s Standards for Evaluating Significance within Registered Historic Districts. The Part 1 application form must have been submitted and approved by the NPS before the Part 3 application form, "Request for Certification of Completed Work," is submitted. Properties that consist of a single building and are individually listed in the National Register are automatically certified historic structures and do not need a Part 1 form. Part 2: Description of Rehabilitation Work All owners of a certified historic structure who are seeking the 20% tax credit for the rehabilitation work must complete a Part 2 application form, which is a description of the proposed rehabilitation work. Long-term lessees may also apply if their remaining lease is 27.5 years for residential property or 39 years for nonresidential property. The owner submits the application to the SHPO. The SHPO provides technical assistance and literature on appropriate rehabilitation treatments, advises owners on their applications, makes site visits when possible, and forwards the application to the NPS, with a recommendation. The NPS reviews the description of the proposed rehabilitation for conformance with the Secretary of the Interior’s Standards for Rehabilitation. The entire project is reviewed, including related demolition and new construction, and is certified, or approved, only if the overall rehabilitation project meets the Standards. If the proposed work meets the Standards, the NPS issues a preliminary decision approving the work. Or, the proposed work may be given a conditional approval that outlines specific modifications required to bring the project into conformance with the Standards. Both the NPS and the IRS strongly encourage owners to apply before they start work. Part 3: Request for Certification of Completed Work After the rehabilitation work is completed, the owner must submit a Part 3 application form requesting final approval of the completed work. The owner submits the “Part 3” to the SHPO. The SHPO forwards the application to the NPS, with a recommendation as to certification. The NPS evaluates the completed project and compares it with the work proposed in the Part 2 application form. If it meets the Standards, the NPS approves the project as a certified rehabilitation eligible for the 20% rehabilitation tax credit. Notification of certification decisions is made in writing by the NPS. A copy of each notification is provided to the IRS and to the SHPO. State Tax Incentives A number of States offer additional tax incentives for historic preservation. They include tax credits for rehabilitation, including owner-occupied residential properties, tax deductions for easement donations, and property tax abatements or moratoriums. The SHPO will have information on current State programs. Requirements for State incentives may differ from the requirements of the Federal Tax Incentive Program. Coordination with Section 106 of the National Historic Preservation Act Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by the ACHP (“Protection of Historic Properties”, 36 CFR Part 800). DoD is required to comply with Section 106 and the ACHP regulations when disposing of Federal property through the BRAC process. As a result, coordination may be required between this compliance process and the use of the Federal Tax Incentives by a non-Federal entity. To ensure consistency and avoid duplication of efforts, it is important to work closely with the SHPO to coordinate these two processes. BRAC Case Studies Fort Benjamin Harrison, Indiana Fort Benjamin Harrison was identified for closure by the Base Realignment and Closure Commission in 1991. The decision to rebuild a new center for the City of Lawrence around the historic brick and masonry structures built for Army use was an essential element in the Fort Harrison Reuse Authority’s plan. The centerpiece of the Fort Harrison Historic District is the 39-acre parade field – Lawton Loop - that is surrounded by 31 of the original installation buildings. Constructed between 1906 and 1910, 48 structures from this original period remain in the district. These original structures are well-maintained examples of Colonial Revival architecture. With minor exceptions, all of the structures in the Fort Harrison Historic District have been or are in the process of being restored for residential or commercial uses. Within the historic district, the Fort Harrison Redevelopment Authority (FHRA) established strict architectural and development standards that require any new construction blend with the historic structures. Developers of new properties have abided by these standards, resulting in a transition from historic buildings to compatible new construction. The first private sector businesses moved to Historic Fort Harrison in 1997. Since then, the flow of new tenants has continued at a steady pace. Today, over 1 million square feet of new residential or commercial construction has been completed or is under contract at the former Fort. The FHRA has found there is a substantial market for historic properties in good repair. More importantly, the ambiance of the historic district and the strenuously enforced architectural and development standards are an important attraction for people and businesses locating in Historic Fort Harrison. Examples of projects utilizing the Federal Tax Incentives at Fort Harrison include the rehabilitation and reuse of the 1st Post Hospital as the Kendall Inn. Completed in 2004, the inn now operates as the only privately owned and operated full-service inn and hotel in its area. The Kendall Inn and Conference Retreat caters to hotel guests, diners, organizations and meeting participants. From 1998 to 2004, six other rehabilitation projects at Fort Harrison were approved under the Federal Tax Incentives program. Photo Credit: Fort Benjamin Harrison Historical Society Fort Sheridan, Illinois LR Development Company completed a $250 million historic rehabilitation and adaptive reuse of Fort Sheridan, located on the shores of Lake Michigan in Illinois. The Master Development Team was responsible for the purchase, financing, planning, marketing, construction, renovation and management of Fort Sheridan. Photo Credit: www.vater.verberweb.com As part of that team, LR Development Company oversaw the rehabilitation and adaptive reuse of historic structures on the property. Designed by Hollabird and Roche, the 125-acre National Historic Landmark district at Fort Sheridan contains 94 contributing historic structures, most of which were built between 1888 and 1892. LR renovated the buildings in accordance with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and received Federal Tax Incentives for a portion of the project. The project represented a true public/private partnership. Working hand in hand with local government, a master plan for the historic district was developed. The Master Developer provided critical information to assist the cities in their negotiations with the Army for the purchase of the property. In addition, a Cultural Resource Management plan for the protection of the historic structures and landscapes was developed. LR spearheaded the coordination of the writing of the plan and its input and review by the Illinois State Historic Preservation Office, the National Park Service, the Army and the Landmarks Preservation Council of Illinois. LaSalle Bank provided the debt financing for the project. Due to the scale and diversity of products on the site, several architects provided architectural services, and several contractors, including LR Contracting Company, which was the general contractor for many of the historic buildings, performed the construction. McClellan Air Force Base, California Photo Credit: Sacramento Housing and Redevelopment Agency The Air Force finished its mission at McClellan in 2001 and the planning and redevelopment of the base property became the responsibility of the Sacramento County Board of Supervisors. A private developer, McClellan Park created a master plan for the former base which included an aviation/industrial district, business park, housing, recreation and park areas, a University of California, Davis research facility, and family services such as a child-care center. In addition, a historic properties maintenance manual was prepared for the historic district, known as the Sacramento Army Air Depot Historic District, which is listed on the National Register of Historic Places. Already deemed a success with the creation of up to 7,000 new jobs in its commercial and industrial sectors, the McClellan Park redevelopment is also a case study in effective community outreach. The planning and development team knew that community support was dependent on McClellan Park becoming an active neighbor that was integrated into the larger community. To this end, the development team established a 15-member committee made up of community representatives, as well as an Action Team consisting of local business leaders. The outreach strategy included keeping the exchange and commissary open for the area’s many military retirees, allowing for public use of McClellan Park’s recreation facilities and parks, and providing new opportunities for cultural facilities. Over the next 10 years, McClellan Park is projected to lease 12-13 million square feet of commercial/industrial space, with ultimate build out of up to 16 million square feet. The Federal Tax Incentives are currently being used by developers for three projects at McClellan, including rehabilitation of officers’ quarters. For More Information For more information on tax incentives for historic preservation, contact the National Park Service, the Internal Revenue Service, or the State Historic Preservation Officer in your state. National Park Service Technical Preservation Services Heritage Preservation Services-Org. 2255 1849 C Street, NW Washington, DC 20240 202/513-7270 email: nps_hps-info@nps.gov http://www.cr.nps.gov/hps/tps/tax/index.htm The National Park Service has developed information entitled Incentives! A Guide to the Federal Historic Preservation Tax Incentives Program for Income-Producing Properties to assist historic building owners, preservation consultants, community officials, architects and developers. http://www.cr.nps.gov/hps/tps/tax/incentives Internal Revenue Service http://www.cr.nps.gov/hps/tps/tax/IRS.htm A listing of State Historic Preservation Officers can be found at: http://www.ncshpo.org/stateinfolist/ June 6, 2006 Mills Act Property Tax Abatement Program Technical Assistance Bulletin #12 CALIFORNIA OFFICE OF HISTORIC PRESERVATION Department of Parks & Recreation 1416 9th Street Room 1442-7 Sacramento, CA 95814 PO Box 942896 Sacramento, CA 94296 916-653-6624 calshpo@ohp.parks.ca.gov www.ohp.parks.ca.gov This publication has been financed in part with Federal funds from the National Park Service, Department of the Interior, under the National Historic Preservation Act of 1966, as amended, and administered by the California Office of Historic Preservation. The contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits unlawful discrimination on the basis of race, color, national origin, age, or handicap in its federally- assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to Office for Equal Opportunity, U.S. Department of the Interior, National Park Service, Box 37127, Washington DC 20013-7127. December 2004 Table of Contents Mills Act Property Tax Abatement Program .................................................................1 Purpose of the Mills Act Program.............................................................................1 Benefits to Local Governments................................................................................1 Benefits to Owners..................................................................................................1 Qualified Historic Property .......................................................................................2 OHP’s Role.............................................................................................................2 For Additional Information .......................................................................................2 California State Codes Relating to Mills Act Program ...................................................3 California Government Code, Article 12, Sections 50280 - 50290 .............................3 California Revenue and Taxation Code, Article 1.9, Sections 439 – 439.4.................6 Mills Act Property Tax Abatement Prog ram 1 OHP Technical Assistance Bulletin #14 Mills Act Property Tax Abatement Program Purpose of the Mills Act Program Economic incentives foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. Benefits to Local Governments The Mills Act allows local governments to design preservation programs to accommodate specific community needs and priorities for rehabilitating entire neighborhoods, encouraging seismic safety programs, contributing to affordable housing, promoting heritage tourism, or fostering pride of ownership. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the sense of place and continuity with the community’s past. A formal agreement, generally known as a Mills Act or Historical Property Contract, is executed between the local government and the property owner for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property. The contract is binding to all owners during the contract period. Benefits to Owners Owners of historic buildings may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of their properties for at least a ten-year period. The Mills Act program is especially beneficial for recent buyers of historic properties and for current owners of historic buildings who have made major improvements to their properties. Mills Act Property Tax Abatement Prog ram 2 OHP Technical Assistance Bulletin #14 Mills Act participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties because valuations of Mills Act properties are det ermined by the Income Approach to Value rather than by the standard Market Approach to Value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income of an owner-occupied property is based on comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent received. Because rental values vary from area to area, actual property savings vary from county to county. In addition, as County Assessors are required to assess all properties annually, Mills Act properties may realize slight increases in property taxes each year. Qualified Historic Property A qualified historic property is a property listed on any federal, state, county, or city register, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks. Owner -occupied family residences and income- producing commercial properties may qualify for the Mills Act program. OHP’s Role OHP provides technical assistance and guidance to local governments and property owners. OHP maintains a current list of communities participating in the Mills Act program and copies of Mills Act ordinances, resolutions, and contracts that have been adopted. OHP does not participate in the negations of the agreement and is not a signatory to the contract. For Additional Information Contact the planning department of the city or county within which the historic property is located. California’s four largest cities (Los Angeles, San Diego, San Francisco, and San Jose) as well as more than 75 other city and county governments have instituted Mills Act programs. A list of communities participating in the Mills Act Program is available online at http://www.ohp.parks.ca.gov/default.asp?page_id=21412 . For additional information on the Mills Act, please contact Maryln Lortie in the Office of Historic Preservation, PO Box 942896, Sacramento CA 94296-0001, (916) 653-8911, mlort@ohp.parks.ca.gov. Mills Act Property Tax Abatement Prog ram 3 OHP Technical Assistance Bulletin #14 California State Codes Relating to Mills Act Program California Government Code, Article 12, Sections 50280 - 50290 50280. Restriction of property use. Upon the application of an owner or the agent of an owner of any qualified historical property, as defined in Section 50280.1, the legislative body of a city, county, or city and county may contract with the owner or agent to restrict the use of the property in a manner which the legislative body deems reasonable to carry out the purposes of this article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. The contract shall meet the requirements of Sections 50281 and 50282. 50280.1. Qualified historic property. "Qualified historical property" for purposes of this article, means privately owned property which is not exempt from property taxation and which meets either of the following: (a) Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations. (b) Listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. 50281. Required contract provision. Any contract entered into under this article shall contain the following provisions: (a) The term of the contract shall be for a minimum period of 10 years. (b) Where applicable, the contract shall provide the following: (1) For the preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. (2) For the periodic examinations of the interior and exterior of the premises by the assessor, the Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner's compliance with the contract. (3) For it to be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract. (c) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract. Mills Act Property Tax Abatement Prog ram 4 OHP Technical Assistance Bulletin #14 50281.1. Fees. The legislative body entering into a contract described in this article may require that the property owner, as a condition to entering into the contract, pay a fee not to exceed the reasonable cost of administering this program. 50282. Renewal. (a) Each contract shall provide that on the anniversary dat e of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. If the property owner or the legislative body desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the legislative body at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract. (b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The legislative body may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c) If the legislative body or the owner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. (d) The owner shall furnish the legislative body with any information the legislative body shall require in order to enable it to determine the eligibility of the property involved. (e) No later than 20 days after a city or county enters into a contract with an owner pursuant to this article, the clerk of the legislative body shall record with the county recorder a copy of the contract, which shall describe the property subject thereto. From and after the time of the recordation, this contract shall impart a notice thereof to all persons as is afforded by the recording laws of this state. 50284. Cancellation. The legislative body may cancel a contract if it determines that the owner has breached any of the conditions of the contract provided for in this article or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The legislative body may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract. 50285. Consultation with state commission. No contract shall be canceled under Section 50284 until after the legislative body has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be mailed to the last known address of each owner of property within the historic zone and shall be published pursuant to Section 6061. 50286. Cancellation. Mills Act Property Tax Abatement Prog ram 5 OHP Technical Assistance Bulletin #14 (a) If a contract is canceled under Section 50284, the owner shall pay a cancellation fee equal to 121/2 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction. (b) The cancellation fee shall be paid to the county auditor, at the time and in the manner that the county auditor shall prescribe, and shall be allocated by the county auditor to each jurisdiction in the tax rate area in which the property is located in the same manner as the auditor allocates the annual tax increment in that tax rate area in that fiscal year. (c) Notwithstanding any other provision of law, revenue received by a school district pursuant to this section shall be considered property tax revenue for the purposes of Section 42238 of the Education Code, and revenue received by a county superintendent of schools pursuant to this section shall be considered property tax revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1 of the Education Code. 50287. Action to enforce contract. As an alternative to cancellation of the contract for breach of any condition, the county, city, or any landowner may bring any action in court necessary to enforce a contract including, but not limited to, an action to enforce the contract by specific performance or injunction. 50288. Eminent domain. In the event that property subject to contract under this article is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the legislative body to frustrate the purpose of the contract, such contract shall be canceled and no fee shall be imposed under Section 50286. Such contract shall be deemed null and void for all purposes of determining the value of the property so acquired. 50289. Annexation by city. In the event that property restricted by a contract with a county under this article is annexed to a city, the city shall succeed to all rights, duties, and powers of the county under such contract. 50290. Consultation with state commission. Local agencies and owners of qualified historical properties may consult with the State Historical Resources Commission for its advice and counsel on matters relevant to historical property contracts. Mills Act Property Tax Abatement Prog ram 6 OHP Technical Assistance Bulletin #14 California Revenue and Taxation Code, Article 1.9, Sections 439 – 439.4 439. Historical Property Restrictions; enforceably restricted property. For the purposes of this article and within the meaning of Section 8 of Article XIII of the Constitution, property is "enforceably restricted" if it is subject to an historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. 439.1. Historical Property; definitions. For purposes of this article "restricted historical property" means qualified historical property, as defined in Section 50280.1 of the Government Code, that is subject to a historical property contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. For purposes of this section, "qualified historical property" includes qualified historical improvements and any land on which the qualified historical improvements are situated, as specified in the historical property contract. If the historical property contract does not specify the land that is to be included, "qualified historical property" includes only that area of reasonable size that is used as a site for the historical improvements. 439.2. Historical Property; valuation. When valuing enforceably restricted historical property, the county assessor shall not consider sales data on similar property, whether or not enforceably restricted, and shall value that restricted historical property by the capitalization of income method in the following manner: (a) The annual income to be capitalized shall be determined as follows: (1) Where sufficient rental information is available, the income shall be the fair rent that can be imputed to the restricted historical property being valued based upon rent actually received for the property by the owner and upon typical rentals received in the area for similar property in similar use where the owner pays the property tax. When the restricted historical property being valued is actually encumbered by a lease, any cash rent or its equivalent considered in determining the fair rent of the property shall be the amount for which the property would be expected to rent were the rental payment to be renegotiated in the light of current conditions, including applicable provisions under which the property is enforceably restricted. (2) Where sufficient rental information is not available, the income shall be that which the restricted historical property being valued reasonably can be expected to yield under prudent management and subject to applicable provisions under which the property is enforceably restricted. (3) If the parties to an instrument that enforceably restricts the property stipulate therein an amount that constitutes the minimum annual income to be capitalized, then the income to be capitalized shall not be less than the amount so stipulated. For purposes of this section, income shall be determined in accordance with rules and Mills Act Property Tax Abatement Prog ram 7 OHP Technical Assistance Bulletin #14 regulations issued by the board and with this section and shall be the difference between revenue and expenditures. Revenue shall be the amount of money or money's worth, including any cash rent or its equivalent, that the property can be expected to yield to an owner-operator annually on the average from any use of the property permitted under the terms by which the property is enforceably restricted. Expenditures shall be any outlay or average annual allocation of money or money's worth that can be fairly charged against the revenue expected to be received during the period used in computing the revenue. Those expenditures to be charged against revenue shall be only those which are ordinary and necessary in the production and maintenance of the revenue for that period. Expenditures shall not include depletion charges, debt retirement, interest on funds invested in the property, property taxes, corporation income taxes, or corporation franchise taxes based on income. (b) The capitalization rate to be used in valuing owner-occupied single family dwellings pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1/4 percent. (2) A historical property risk component of 4 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (c) The capitalization rate to be used in valuing all other restricted historical property pursuant to this article shall not be derived from sales data and shall be the sum of the following components: (1) An interest component to be determined by the board and announced no later than September 1 of the year preceding the assessment year and that was the yield rate equal to the effective rate on conventional mortgages as determined by the Federal Housing Finance Board, rounded to the nearest 1/4 percent. (2) A historical property risk component of 2 percent. (3) A component for property taxes that shall be a percentage equal to the estimated total tax rate applicable to the property for the assessment year times the assessment ratio. (4) A component for amortization of the improvements that shall be a percentage equivalent to the reciprocal of the remaining life. (d) Unless a party to an instrument that creates an enforceable restriction expressly prohibits the valuation, the valuation resulting from the capitalization of income method described in this section shall not exceed the lesser of either the valuation that would have resulted by calculation under Section 110, or the valuation that would have resulted by calculation under Section 110.1, as though the property was not subject to an enforceable restriction in the base year. Mills Act Property Tax Abatement Prog ram 8 OHP Technical Assistance Bulletin #14 (e) The value of the restricted historical property shall be the quotient of the income determined as provided in subdivision (a) divided by the capitalization rate determined as provided in subdivision (b) or (c). (f) The ratio prescribed in Section 401 shall be applied to the value of the property determined in subdivision (d) to obtain its assessed value. 439.3. Historical Property; notice of nonrenewal. Notwithstanding any provision of Section 439.2 to the contrary, if either the county or city or the owner of restricted historical property subject to contract has served notice of nonrenewal as provided in Section 50282 of the Government Code, the county assessor shall value that restricted historical property as provided in this section. (a) Following the hearing conducted pursuant to Section 50285 of the Government Code, subdivision (b) shall apply until the termination of the period for which the restricted historical property is enforceably restricted. (b) The board or assessor in each year until the termination of the period for which the property is enforceably restricted shall do all of the following: (1) Determine the full cash value of the property pursuant to Section 110.1. If the property is not subject to Section 110.1 when the restriction expires, the value shall be determined pursuant to Section 110 as if the property were free of contractual restriction. If the property will be subject to a use for which this chapter provides a special restricted assessment, the value of the property shall be determined as if it were subject to the new restriction. (2) Determine the value of the property by the capitalization of income method as provided in Section 439.2 and without regard to the fact that a notice of nonrenewal or cancellation has occurred. (3) Subtract the value determined in paragraph (2) of this subdivision by capitalization of income from the full cash value determined in paragraph (1). (4) Using the rate announced by the board pursuant to paragraph (1) of subdivision (b) of Section 439.2, discount the amount obtained in paragraph (3) for the number of years remaining until the termination of the period for which the property is enforceably restricted. (5) Determine the value of the property by adding the value determined by the capitalization of income method as provided in paragraph (2) and the value obtained in paragraph (4). (6) Apply the ratios prescribed in Section 401 to the value of the property determined in paragraph (5) to obtain its assessed value. 439.4. Historical Property; recordation. No property shall be valued pursuant to this article unless an enforceable restriction meeting the requirements of Section 439 is signed, accepted and recorded on or before the lien date for the fiscal year in which the valuation would apply. Burlingame City Council December 16, 2013 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 16, 2013 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Brownrigg called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by new Councilman Ricardo Ortiz. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Deal, Keighran, Nagel, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that the Council met in closed session and gave direction on items d and e, but there was no reportable action at this time. She further advised that filing a cross complaint in San Mateo County Civil Court was authorized on item f. 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the City. 6. PRESENTATION There were no presentations. 7. PUBLIC COMMENTS Laura Fanucchi of HIP Housing presented the Councilmembers with a copy of the HIP Housing calendar. Burlingame resident James Counts spoke about the San Mateo County Mosquito and Vector Control District. There were no further comments from the floor. 8. CONSENT CALENDAR Mayor Brownrigg asked if any members of the public wished to remove any items from the Consent Calendar, and there were no requests. Burlingame City Council December 16, 2013 Unapproved Minutes 2 Vice Mayor Nagel removed items 8d and 8e for comment. Councilwoman Keighran made a motion to approve items 8a, 8b, 8c, and 8f of the Consent Calendar; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF DECEMBER 2, 2013 CC Kearney requested Council approve the City Council meeting minutes of December 2, 2013. b. ADOPTION OF A RESOLUTION ACCEPTING THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) AND CENTRAL COMPUTER UPGRADE SYSTEM PROJECT BY TELSTAR, INC. DPW Murtuza requested Council adopt Resolution No. 93-2013 accepting SCADA and Central Computer Upgrade System Project by Telstar, Inc. c. ADOPTION OF A RESOLUTION ACCEPTING THE CITYWIDE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENTS PROJECT, NO. 5 BY STOLOSKI AND GONZALEZ CONSTRUCTION, INC. DPW Murtuza requested Council adopt Resolution No. 94-2013 accepting the citywide neighborhood storm drainage improvements project by Stoloski and Gonzalez Construction, Inc. d. APPROVE 2014 CITY COUNCIL CALENDAR CC Kearney requested Council approve the 2014 City Council calendar. Vice Mayor Nagel advised that the March 14, 2014 Commissioners’ Dinner conflicts with Taste of the Town. Council agreed to consider March 21 as an alternate date. Councilman Deal advised that the May 21, 2014 Budget Study Session conflicts with the Advanced Life Safety meeting and requested that the date be changed for that meeting. e. APPROVE 2014 CITY COUNCIL ASSIGNMENTS CC Kearney requested Council approve the 2014 City Council assignments. Vice Mayor Nagel advised that item 19 should be removed as the City is no longer a member. She further advised that items 27 and 29 were the same so item 29 should be removed. Councilwoman Keighran advised that item 23 is completed and can be removed. Vice Mayor Nagel made a motion to approve item 8e with noted changes; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. f. ADOPTION OF A RESOLUTION APPROVING CONVERSION FROM ELECTED TO APPOINTED SALARY STRUCTURE FOR THE CITY CLERK HRD Dolan requested Council Adopt Resolution No. 95-2013 approving conversion from elected to appointed salary structure for the City Clerk. Burlingame City Council December 16, 2013 Unapproved Minutes 3 9. PUBLIC HEARING a. ADOPTION OF A RESOLUTION APPROVING AND LEVYING 2014 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS ON HOTEL BUSINESSES WITHIN THE DISTRICT FinDir Augustine reviewed the staff report and requested Council hold a public hearing and adopt Resolution No. 96-2013 approving and levying assessments for the San Mateo County Tourism Business Improvement District and approve District programs and activities for the year 2014. CC Kearney advised that she did not receive any protests. Mayor Brownrigg opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Deal made a motion to adopt Resolution No. 96-2013; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5 – 0. 10. STAFF REPORTS AND COMMUNICATIONS a. OFF THE GRID FOOD TRUCK EVENT CDD Meeker reviewed the staff report and gave an overview of the Off the Grid (OTG) business model. He advised that it began as a business, staging public food-truck events, in June 2010. It is based on an idea that grouping food vendors together creates an experience that allows neighbors to connect with friends, and families to reconnect with each other. CDD Meeker gave background on the various meetings that the City had with Off the Grid and numerous possible sites in Burlingame. He also advised that the individual food truck vendors do have a City of Burlingame business license. He further advised that OTG launched its first food market event in Burlingame on September 26, 2013 and opposition from some Broadway Avenue merchants and the Broadway Business Improvement District followed. CDD Meeker requested that following consideration of public testimony, Council direct staff on which of the three actions outlined in the staff report they wished to take. DPW Murtuza gave a presentation on the traffic and parking issues that would need to be considered, in the event that Broadway was closed to vehicle traffic between Chula Vista and Capuchino, should OTG relocate to that location. Police Sergeants Don Shepley and Jay Kiely spoke about the safety issues, especially at the train crossing. They also advised that signage and traffic direction would be necessary and it would require six officers. The cost would be $4700 per event. Sgt. Shepley and Sgt. Kiely both emphasized that if Broadway was closed for Off the Grid, it could be a potential nightmare. CM Goldman reviewed the following three alternatives for hosting the Off the Grid Food Trucks event: Prepare a letter for the Mayor’s signature requesting that Caltrain terminate the agreement with Off the Grid for use of the Caltrain parking lot adjacent to the Broadway train station. Burlingame City Council December 16, 2013 Unapproved Minutes 4 Direct staff to prepare a letter for Mayor’s signature requesting that Caltrain extend the agreement with Off the Grid and whether the market should remain staged in the southerly portion of the parking lot or the northerly portion of the parking lot. The Council should also advise if another night, such as Tuesday, would be preferable at the current location. Provide direction to staff to evaluate the feasibility of relocating OTG to Broadway. Council questions and discussion followed concerning zoning, the health regulations and if the County would notify the City if there was a health violation. CM Goldman said she would think that they would notify the City in much the same way they do when the violation takes place at a brick and mortar restaurant. Council also questioned if another group of food trucks wanted to locate in Burlingame and CDD Meeker advised that OTG’s agreement is with Caltrain, not the City. Councilman Deal said he would support the merchants and cannot support OTG being on Broadway or at the Caltrain station. Mayor Brownrigg opened the item for public comment and Ross Bruce, representing the Broadway Business Improvement District, spoke and addressed the negative impact that Off the Grid is having on the Broadway businesses. He emphasized that the only way the businesses would accept Off the Grid is to relocate it to Broadway. Matt Cohen, owner and founder of Off the Grid, presented a petition to keep the business in Burlingame and said the company’s preference is to stay in its present location. When asked about relocating, he reviewed the process for setting up Off the Grid and said the potential relocation cost could be $50,000. The following members of the public spoke: Gene Trainor, Ray Marshall, Derek Daniels, two fourth- graders, Esan a Food Truck owner, Nick Koros, Garbis Bezdjian, Kyle and Greg. The speakers emphasized the sense of community that OTG brings to the area. Councilmembers spoke again and discussed meeting with the Broadway merchants on how to bring in more customers. Council also asked about relocating to the Bayfront area but OTG wants the visibility and accessibility of the Caltrain station and the ability for people to walk to that location. Mayor Brownrigg made a motion to direct staff to prepare a letter for the Mayor’s signature requesting Caltrain extend the agreement with Off the Grid for use of the Broadway train station at California Drive and Carmelita, but shifting it to Tuesday night and a yearly review by Caltrain and Off the Grid; seconded by Councilwoman Nagel. Mayor Brownrigg called for a roll call vote, and the motion was approved by 4-1 (Councilman Deal voted no). b. APPROVAL OF A LETTER TO CALTRANS IN RESPONSE TO THE NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) AND SCOPING DOCUMENT FOR THE EL CAMINO REAL /FLORIBUNDA AVENUE INTERSECTION SAFETY IMPROVEMENT PROJECT DPW Murtuza reviewed the staff report and requested Council approve a letter to Caltrans in response to the Notice of Preparation of an Environmental Impact Review for the El Camino Real/Floribunda Avenue intersection safety improvement project. He said over the past three years Burlingame staff has been meeting with Caltrans and Hillsborough to understand the intersection safety issues. During these meetings, there were numerous discussions regarding Burlingame City Council December 16, 2013 Unapproved Minutes 5 how Caltrans should work with both communities to address the safety concerns, protect and preserve the heritage trees along El Camino Real, and minimize adverse impacts to both communities. Council questions and comments followed and they thanked the community members for taking the time to write letters to Caltrans concerning this intersection. Mayor Brownrigg opened the item for public comment, and there were no comments. Councilwoman Keighran made a motion to approve the letter with some of the changes suggested by Vice Mayor Nagel; seconded by Councilman Ortiz. The motion was approved unanimously by voice vote, 5 – 0. c. REVIEW AND DETERMINE WHETHER TO APPROVE PROPOSED CHANGES TO THE PRESERVATION COVENANT TO BE RECORDED AT THE TIME OF SALE OF THE DOWNTOWN POST OFFICE, LOCATED AT 220 PARK ROAD CA Kane reviewed the staff report and requested Council review and determine whether to approve changes to the historic preservation covenant as previously accepted by the Council for the Post Office property located at 220 Park Road. CA Kane reviewed the two changes, with the first being that the California Office of Historic Preservation will not be a covenant holder, and asked that it be removed from the administration of the covenant. The second change was that the good cause clause be removed from the covenant. As originally drafted, this clause would have permitted the covenant holders to modify or cancel the restrictive provisions of the covenant for good cause and following notice to the public. Mayor Brownrigg opened the item for public comment, and there were no comments. Vice Mayor Nagel made a motion to approve the changes to the historic preservation covenant as described; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5 – 0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Mayor Brownrigg requested that the Councilmembers focus on items that matter to the others or questions that they may have received from constituents. Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS Councilman Deal would like to address the new Animal Control Facility at a future meeting. CM Goldman advised that this subject will be discussed at a future County City Managers’ meeting and would prefer to not place it on an agenda until that discussion has taken place. Councilwoman Keighran would like to consider an item to discuss meeting with the Broadway merchants to discuss a potential vision for Broadway. Mayor Brownrigg agreed and said he planned to address that subject at the Goal Session in January. Burlingame City Council December 16, 2013 Unapproved Minutes 6 13. ACKNOWLEDGMENTS a. Commission Minutes: Beautification October 3, 2013; Library, October 15, 2013 b. Department Report: Building, November 2013; Finance, October 31, 2013 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 10:07 p.m. in memory of Nelson Mandela. Respectfully submitted, Mary Ellen Kearney City Clerk