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SHBC and State Agency Projects

Background:

Health and Safety Code 18961 was enacted into law in 1982. In 1984 the State Historical Building Code was amended to change Section 18961 by requiring that state agencies use the alternative provision of the State Historical Building Code. The review in 18961provided the State Historical Building Safety Board (Board) with an authoritative role in state agency activities affecting qualified historical structures and properties. In addition, the mandate in Section 18961 that all state agencies "shall consult" with the Board prior to taking action indicates that the state agency must initiate consultation for review with the board. Section 18961 was amended to "improve the review procedure by insuring that applicable state agencies adequately review the State Historical Building Code and seek the input of the Board prior to making decisions affecting" qualified historical structures and properties (Assembly Committee on Governmental Organization).

  • State Agencies shall apply, administer and enforce the provisions of the State Historical Building Code (Health & Safety Code S. 18954, 18959). This means that all state agencies, for qualified historical structures and properties, (as defined in Health & Safety Code, S. 18955) under state ownership or control, for any analysis, planning, development, project, alteration, maintenance, or any other process that may affect the significance of, or elements or features of a qualified historical structures and properties, shall use the State Historical Building Code (or California Historical Building Code) to provide alternatives to any state code so as to preserve, encourage conservation and provide a cost effective approach to preservation of the resource and safety of users and occupants. If there is a question regarding these provisions, pursuant to Health & Safety Code 18961, state agencies shall consult with the State Historical Building Safety Board for determination of what constitutes a qualified historical structures and properties, what constitutes an alternative to "code," and what projects or processes may be affected by the State Historical Building Code.
  • State agencies shall request review of each project at the earliest planning/budgeting phase to alert the State Historical Building Safety Board to a pending project (Health & Safety Code 18961), and obtain information and consultation on effective use of the State Historical Building Code as it relates to any action that affects preservation of significance, elements and features of a historic building, structure, or property.
  • There are other responsibilities under Public Resources Code 5024.5, the California Environmental Quality Act and Executive Order W-26-92 where the State Historical Building Safety Board review of proposed actions may be initiated by a broad range of actions and programs that affect historic properties.