2007 California Health and Safety Code Chapter 3. Powers Of The Commission

CA Codes (hsc:18930-18934.8)

18930.  (a) Any building standard adopted or proposed by state
agencies shall be submitted to, and approved or adopted by, the
California Building Standards Commission prior to codification.
Prior to submission to the commission, building standards shall be
adopted in compliance with the procedures specified in Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.  Building standards adopted by
state agencies and submitted to the commission for approval shall be
accompanied by an analysis written by the adopting agency or state
agency that proposes the building standards which shall, to the
satisfaction of the commission, justify the approval thereof in terms
of the following criteria:
   (1) The proposed building standards do not conflict with, overlap,
or duplicate other building standards.
   (2) The proposed building standard is within the parameters
established by enabling legislation and is not expressly within the
exclusive jurisdiction of another agency.
   (3) The public interest requires the adoption of the building
standards.
   (4) The proposed building standard is not unreasonable, arbitrary,
unfair, or capricious, in whole or in part.
   (5) The cost to the public is reasonable, based on the overall
benefit to be derived from the building standards.
   (6) The proposed building standard is not unnecessarily ambiguous
or vague, in whole or in part.
   (7) The applicable national specifications, published standards,
and model codes have been incorporated therein as provided in this
part, where appropriate.
   (A) If a national specification, published standard, or model code
does not adequately address the goals of the state agency, a
statement defining the inadequacy shall accompany the proposed
building standard when submitted to the commission.
   (B) If there is no national specification, published standard, or
model code that is relevant to the proposed building standard, the
state agency shall prepare a statement informing the commission and
submit that statement with the proposed building standard.
   (8) The format of the proposed building standards is consistent
with that adopted by the commission.
   (9) The proposed building standard, if it promotes fire and panic
safety, as determined by the State Fire Marshal, has the written
approval of the State Fire Marshal.
   (b) In reviewing building standards submitted for its approval,
the commission shall consider only the record of the proceedings of
the adopting agency, except as provided in subdivision (b) of Section
11359 of the Government Code.
   (c) Where the commission is the adopting agency, it shall consider
the record submitted to, and considered by, the state agency that
proposes the building standards and the record of public comment that
results from the commission's adoption of proposed regulations.
   (d) (1) The commission shall give great weight to the
determinations and analysis of the adopting agency or state agency
that proposes the building standards on each of the criteria for
approval set forth in subdivision (a).  Any factual determinations of
the adopting agency or state agency that proposes the building
standards shall be considered conclusive by the commission unless the
commission specifically finds, and sets forth its reasoning in
writing, that the factual determination is arbitrary and capricious
or substantially unsupported by the evidence considered by the
adopting agency or state agency that proposes the building standards.

   (2) Whenever the commission makes a finding, as described in this
subdivision, it shall return the standard to the adopting agency or
state agency that proposes the building standards for a reexamination
of its original determination of the disputed fact.
   (e) Whenever a building standard is principally intended to
protect the public health and safety, its adoption shall not be a
"factual determination" for purposes of subdivision (d).  Whenever a
building standard is principally intended to conserve energy or other
natural resources, the commission shall consider or review the cost
to the public or benefit to be derived as a "factual determination"
pursuant to subdivision (d).  Whenever a building standard promotes
fire and panic safety, each agency shall, unless adopted by the State
Fire Marshal, submit the building standard to the State Fire Marshal
for prior approval.
   (f) Whenever the commission finds, pursuant to paragraph (2) of
subdivision (a), that a building standard is adopted by an adopting
agency pursuant to statutes requiring adoption of the building
standard, the commission shall not consider or review whether the
adoption is in the public interest pursuant to paragraph (3) of
subdivision (a).



18931.  The commission shall perform the following:
   (a) In accordance with Section 18930 and within 120 days from the
date of receipt of adopted standards, review the standards of
adopting agencies and approve, return for amendment with recommended
changes, or reject building standards submitted to the commission for
its approval.  When building standards are returned for amendment or
rejected, the commission shall inform the adopting agency or state
agency that proposes the building standards of the specific reasons
for the recommended changes or rejection, citing the criteria
required under Section 18930.  When standards are not acted upon by
the commission within 120 days, the standards shall be approved,
including codification and publication in the California Building
Standards Code, without further review and without return or
rejection by the commission.
   (b) Codify, including publish, all building standards of adopting
agencies or state agencies that propose the building standards and
statutes defining building standards into one California Building
Standards Code.
   (c) Resolve conflict, duplication, and overlap in building
standards in the code.
   (d) Ensure consistency in nomenclature and format in the code.
   (e) In accordance with Section 18945, hear appeals resulting from
the administration of state building standards.
   (f) Adopt any procedural regulations which it deems necessary to
administer this part.
   (g) The commission shall direct the executive director to prepare
a comprehensive listing of all state amendments developed for
publication in the California State Building Code (Part 2 (commencing
with Section 101), Title 24, California Code of Regulations),
referencing the 1994 Edition of the Uniform Building Code, as
published by the International Conference of Building Officials, for
the period beginning January 1, 1995, through December 31, 1995.  The
listing shall identify the following:
   (1) Each new state amendment to the 1994 Edition of the Uniform
Building Code, as published by the International Conference of
Building Officials, and the state agency that adopted the new
amendment.
   (2) (A) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (2) of subdivision (a) of Section 18930.
   (B) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (3) of Section 18930.
   (C) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (5) of Section 18930.
   (D) The analysis justifying the adoption or proposal of the
amendment identified in paragraph (1), submitted pursuant to
paragraph (7), or to subparagraph (A) or (B) of paragraph (7) of
subdivision (a) of Section 18930.
   (3) Existing state amendments, published in earlier editions of
the California State Building Code (Part 2 (commencing with Section
101), Title 24, California Code of Regulations), which are published
in the California State Building Code referencing the 1994 Edition of
the Uniform Building Code, as published by the International
Conference of Building Officials.
   (4) The California Building Standards Commission's determination
as to whether the amendment referred to in paragraph (3) continues to
be justified under the criteria set forth in Section 18930.  The
commission shall use information gathered in the study required by
Chapter 1289 of the Statutes of 1990 in making its determination, and
may also request information from the state agency that adopted or
proposed the amendments.
   The commission shall perform this task to the extent feasible, and
within the existing budget constraints during the triennial adoption
process of the California Building Standards Code, referencing the
1994 Edition of the Uniform Building Code as published by the
International Conference of Building Officials.  The commission shall
be authorized to reduce the scope of the review should fiscal
restraints warrant this action.  In the event a reduction in the
scope of the review is made, the commission shall give priority to
those sections of the California State Building Code (Part 2
(commencing with Section 101), Title 24, California Code of
Regulations) that directly affect residential construction.
   (5) Upon completion of the comprehensive listing required by this
subdivision, the commission shall inform the public and all state
agencies with the authority to develop building standards that the
listing has been completed, and that copies will be made available
upon request.


18931.5.  (a) Each state agency that adopts or proposes building
standards shall pay annually to the California Building Standards
Commission a proportionate share of the cost of the review and
publication of building standards which are published or proposed to
be published in the California Building Standards Code.
   (b) The commission shall determine the proportional cost to be
paid for review of existing building standards and the amount to be
paid for review of building standards, adopted or proposed by  a
state agency, that have been submitted for publication in the
California Building Standards Code.



18932.  (a) The code shall indicate the agency having responsibility
vested by law for the administration of each building standard and
the occupancy or occupancies affected by each building standard.
   (b) The code shall include an index and reference guide.
   (c) The commission shall establish the format for the code to
conform it as nearly as it deems practicable with the model codes.



18933.  (a) The commission may give affected state agencies
reasonable time, as specified by the commission, to adopt amendments
to building standards submitted for approval.  If the agencies do not
do so within the reasonable time as specified, the commission shall
convene a committee composed of a representative from each of the
agencies affected and any other qualified persons who are selected by
the commission.  This committee shall prepare a recommendation for
commission action upon the building standards.  Upon the
recommendation, or if the committee does not prepare a recommendation
and deliver it to the commission within 30 days after being
appointed, the commission may rewrite, edit, amend, or adopt, and
approve the building standards consistent with the intent of this
part and in accordance with the Administrative Procedure Act and the
criteria for approval provided in Section 18930.  It shall not,
however, be required that hearings or other administrative procedure
be duplicated on unchanged portions of building standards previously
adopted and approved by the commission.
   (b) (1) Pursuant to Section 18943, the commission, after
publication of building standards pursuant to Section 18941 in the
triennial edition of the code, shall recommend to affected state
agencies the repeal of building standards of those state agencies
which were adopted, or are, in conflict with other published
standards in the code.  If the state agencies do not repeal the
building standards within a reasonable time as specified by the
commission, the commission shall convene a committee composed of a
representative of each of the agencies affected and other qualified
persons selected by the commission to prepare a recommendation for
commission action on the building standards.
   (2) Upon the recommendation, or if the committee does not prepare
a recommendation and deliver it to the commission within 30 days
after being appointed, the commission may repeal the building
standards, in accordance with the Administrative Procedure Act.  This
subdivision shall not supersede Section 18943, but, instead,
provides the procedure for effecting that section.



18934.  State agencies proposing to adopt building standards shall
adopt, and the commission shall approve, regulations establishing
procedures to ensure public participation in the development of
building standards and regulations.


18934.5.  Where no state agency has the authority to adopt building
standards applicable to state buildings, the commission shall adopt,
approve, codify, and publish building standards providing the minimum
standards for the design and construction of state buildings,
including buildings constructed by the Trustees of the California
State University and, to the extent permitted by law, to buildings
designed and constructed by the Regents of the University of
California.  Building standards for state buildings shall comply with
the criteria in subdivision (a) of Section 18930.



18934.7.  On or before January 1, 1993, the commission shall adopt,
approve, codify, and publish by reference in the California Building
Standards Code the building standards in Appendix Chapter 1 of the
Uniform Code for Building Conservation of the International
Conference of Building Officials to provide minimum standards for
buildings specified in that appendix, except for buildings subject to
building standards adopted pursuant to Part 1.5 (commencing with
Section 17910).



18934.8.  (a) Pursuant to subdivision (b), the commission may adopt
amendments to the California Building Standards Code provided that
they are substantially the same as model code amendments which were
adopted on an emergency basis by the code publishers, if the sections
being amended are not under the authority of a state agency.
   (b) The commission may consider adoption of emergency amendments
made to the model codes in an expedited rulemaking process outside
the annual code adoption cycle set forth in Section 18929.1.  If a
model code organization adopts emergency amendments, the commission
may adopt those amendments 120 days after the organization's adoption
of those amendments.  This rulemaking process shall be completed
within 180 days from the date the amendments were adopted by the
model code organization.  The commission shall ensure that the
rulemaking process includes all of the following:
   (1) Adequate public participation in the development of building
standards prior to submittal to the commission for adoption and
approval.
   (2) Adequate written notice to the public of the compiled building
standards and the written justification therefor.
   (3) Adequate technical review of proposed building standards and
accompanying justification by advisory bodies appointed by the
commission.
   (4) Adequate time for review of recommendations by advisory bodies
prior to action by the commission.
   (c) Amendments to the California Building Standards Code adopted
pursuant to this section shall take effect 60 days from the date on
which they are adopted by the commission.
   (d) Nothing in this section shall be construed to permit
amendments to the California Building Standards Code that decrease
the level of disabled access provided.