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Primacy of the State Housing Law over the Local Conditional Use
The State Housing Law (SHL) Program was established to assure the availability of affordable housing and uniform statewide code enforcement to protect the health, safety, and general welfare of the public and occupants of housing and accessory buildings.
Law
The state law regulating residential occupancies is entitled to the State Housing Law and is found in Division 13, Part 1.5 of the California Health and Safety Code (HSC), Sections 17910 to 17998.3 .
Regulations
New Construction: Regulations implementing the State Housing Law mandating statewide residential building standards for new construction are found in the California Code of Regulations, Title 24. These building standards are adopted by the California Building Standards Commission and are known as the California Building Standards Code. Check these places to order a printed copy.
Existing Buildings: Regulations for residential use, maintenance, and occupancy for existing buildings are found in the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapters 1 and 2 .
These regulations are proposed and adopted by the California Department of Housing and Community Development and approved by the Office of Administrative Law. These regulations are not considered building standards and are not adopted under the purview of the California Building Standards Commission.
State Law disregards the non-objective code requirements such as discretionary evaluations. Neighborhood character requirement is ignored.