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In California, the regulatory structure for construction has undergone significant changes in recent times. Previously, local building codes were the norm, but have now been largely replaced by the State Housing Law (State Housing Law).
Introduction of Uniform Codes and the National Electric Code
He State Housing Law (HSC 17922(a)) states that local building codes have been replaced by a more uniform and cohesive set of codes. These include:
- Uniform Housing Code: A set of standards intended to ensure that all homes meet minimum standards of habitability and safety.
- Uniform Building Code: A broad code that addresses general aspects of construction, from foundations to structural systems.
- Uniform Plumbing Code: This code focuses on plumbing fixtures and systems, ensuring they are safe and efficient.
- Uniform Mechanical Code: Standards related to mechanical systems, such as heating, ventilation and air conditioning.
- National Electrical Code: Although it is not “uniform” like the other codes mentioned, this code regulates all electrical installations to ensure safety.
Power Retained by Municipalities
Despite the implementation of these uniform codes, municipalities in California still retain significant power in specific areas of regulation. These include:
- Local Use Zones: Municipalities can establish and regulate specific zones for different uses, such as residential, commercial or industrial.
- Local Fire Zones: Fire-prone areas may have specific regulations to minimize risks.
- Building Removal Requirements: Regulations on how far a building must set back from a public street or other structures.
- Side and Backyard Requirements: Regulations on the space required on the sides and rear of a building.
- Property Line Requirements: Regulations that define where you can build in relation to the boundaries of a property.
Conclusion
The shift toward more uniform codes under the State Housing Law seeks to provide greater cohesion and clarity in construction standards in California. However, it is essential to recognize the continuing role of municipalities in regulating specific aspects related to land use and construction location.
