17958.10.
(a) A city or a county may adopt alternative building regulations for the conversion of commercial or industrial buildings and structures, or portions thereof, to Residential Group R-1 or R-2 uses, as described in the California Building Standards Code.(1) The buildings and structures subject to the alternative building regulations adopted pursuant to this section shall remain subject to local zoning regulations.
(2) The alternative building regulations
adopted pursuant to this section are not required to impose the same requirements as regulations adopted pursuant to Section 17922. However, in permitting repairs, alterations, and additions necessary to accommodate the conversion to Residential Group R-1 or R-2 uses, the alternative building regulations shall, in the determination of the local governing body, impose requirements that protect the public health, safety, and welfare.
(b) Before a city or county may adopt alternative building regulations pursuant to this section, the city or county shall meet both
all of the following requirements:
(1) The city or county shall have a housing element that is compliant with law, including, but not limited to, Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, as determined by the Department of Housing and Community Development.
(2) The city or county shall be designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code. adopt an ordinance
to facilitate, or expedite the review of, adaptive reuse projects, as described in subparagraph (K) of paragraph (3) of paragraph (f) of Section 65589.9 of the Government Code.
(3) The city, as of January, 1 2025, shall have a population of 400,000 or greater.
(c) (1) Before a city or county may adopt alternative building regulations pursuant to this section, the city or county shall submit proposed alternative building regulations to the California Building Standards Commission.
(2) The California Building Standards Commission, in consultation with the Department of Housing and Community Development, Energy Commission, Public Utilities Commission, and State Fire Marshal, shall review the proposed alternative building regulations within 30 90 days of receiving the proposed regulations. The California Building Standards Commission regulations, and shall approve or deny the proposed regulations, or may request the city or county
to revise or amend the proposed regulations in order to protect public health, safety, and welfare. If the California Building Standards Commission does not request revisions or amendments within 30 days, then the city or county may proceed with the adoption of alternative building regulations.
(3) If the California Building Standards Commission requests revisions or amendments to the proposed alternative building regulations, the city or county shall consider the requested revisions or amendments and to respond with at least one of the following within 30 days of receiving the request for revisions or amendments:
(A) Revised or amended proposed alternative building regulations.
(B) Written findings explaining why the city or county believes that the proposed alternative building regulations sufficiently protect the public health, safety, and welfare.
(4)The California Building Standards Commission, in consultation with the Department of Housing and Community Development, Energy Commission, Public Utilities Commission, and State Fire Marshal,
shall approve or deny the proposed alternative building regulations by the city or county within 30 days of receiving the response from the city or county.
(5)
(4) If the California Building Standards Commission denies the proposed alternative building regulations, the California Building Standards Commission shall provide written comments regarding the revisions or amendments to the proposed regulations needed to protect public health, safety, and welfare.
(6)
(5) If the city or county adopts the approved alternative building regulations, the regulations shall be adopted at a public meeting of the legislative body of the city or county. city. The city or county shall submit the adopted alternative building regulations to the California Building Standards Commission.
(d)It is the intent of the Legislature that local governments have
discretion to define geographic areas that may be utilized for residential uses and to establish standards for occupancy, consistent with the needs and conditions peculiar to the local environment.
(e)
(d) The Legislature recognizes that building code regulations applicable to residential housing may need to be relaxed or altered to provide residential uses in buildings previously used for commercial or industrial purposes.
while the working group established pursuant to Section 17921.9 is identifying and recommending amendments to state building standards to facilitate the creation and promotion of adaptive reuse residential projects statewide while not reducing minimum health and safety standards, there is a period of time before such amendments may be proposed during which adaptive reuse projects are subject to existing building standards which may warrant revisions or modifications.
(f)
(e) The California Building Standards Commission, Department of Housing and Community Development, Energy Commission, Public
Utilities Commission, State Fire Marshal, and any member of the working group established pursuant to Section 17921.9 may request additional information from the city or county regarding regulations adopted pursuant to this section.
(f) This section and any alternative building standards adopted pursuant to this section shall remain in effect only until the effective date of any state adaptive reuse building standards, as specified in subdivision (d) of Section 17921.9, or January 1, 2029, whichever is earlier, and as of that date shall be repealed.