AB 2533 allows owners of unpermitted Accessory Dwelling Units (ADUs) constructed before January 1, 2020, to obtain permits to permanently “legalize” their ADU, while only meeting the requirements of Health and Safety Code (HSC) section 17920.3. This code section requires buildings to meet sanitary, structural, electrical, plumbing, mechanical, weather protection, approved material, maintenance, exit, and fire health and safety requirements. This incorporates the majority of the requirements in the California Building Standards Code. Under this bill, local ADU ordinances and California Energy Code and CALGreen Code requirements are exempted. All conditions that deem a building substandard must be corrected as part of the permit process.

 

A checklist of conditions that would deem a building substandard under HSC 17920.3 can be found in the Accessory and Junior Accessory Dwelling Unit (ADU/JADU) Legalization.

 

Before applying for a building permit, you are encouraged to obtain a confidential third-party code inspection from a licensed contractor or design professional to determine the ADU’s existing condition or potential scope of building improvements. However, once you are ready and want to learn more about how to permit and legalize your ADU, it is highly recommended to first obtain a physical copy of your assessment records. As the legal owner, you should request a copy of your entire file that includes all assessor’s notes, diagrams, and assessments. The assessment documents are valuable for the city to apply minimum standards for the structure based on the health and safety requirements found in the checklist. After you receive the assessment documents, you can either submit the documents to the City of Chico Building Official at 411 Main Street, Second Floor for review, or request an in person meeting with the Building Official or Plans Examiner to plan and prepare for the next steps.

 

 

AB2221 is superseded by AB2533. Until January 1, 2030, AB 2221 allows owners of unpermitted ADUs constructed before January 1, 2020, to request a five-year delay of enforcement against the violation, so long as they do not endanger health and safety. ADUs constructed without permits inherently endanger health and safety, therefore even under this bill, owners must obtain permits to meet the California Residential, Mechanical, Electrical, Plumbing, and Fire Code requirements. Enforcement of California Energy Code and CALGreen Code may be delayed the 5-years, after which it could be required to meet all California Buildings Standards Codes and local ADU ordinances include setback and lot coverage requirements.