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AB-2638 Building standards: public information.(2003-2004)

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Assembly Bill No. 2638
CHAPTER 642

An act to add Section 17280.1 to the Education Code, and to add Sections 18948.1 and 129851 to the Health and Safety Code, relating to building standards.

[ Filed with Secretary of State  September 21, 2004. Approved by Governor  September 21, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2638, Cogdill. Building standards: public information.
(1) The Field Act requires the Department of General Services to supervise the design and construction of school buildings to ensure compliance with specific rules and regulations and building standards.
This bill would require written rules and regulations adopted pursuant to specified provisions of the Field Act to be made available to the public by the State Architect upon request.
(2) Existing law requires any building standard or administrative regulation that applies directly to the implementation or enforcement of the building standards adopted by state agencies to be submitted to, and approved by, the State Building Standards Commission.
This bill would require written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code to be made available to the public upon request, thus imposing a state-mandated local program.
(3) Existing law requires the Office of Statewide Health Planning and Development to pass upon and approve or reject all plans for the construction or the alteration of any hospital building.
This bill would require written rules and regulations by the office to clarify the application of the California Building Standards Code pursuant to this chapter to be made available to the public upon request.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 17280.1 is added to the Education Code, to read:

17280.1.
 Written rules and regulations adopted pursuant to this article to clarify the application of the California Building Standards Code shall be made available to the public by the State Architect upon request.

SEC. 2.

 Section 18948.1 is added to the Health and Safety Code, to read:

18948.1.
 (a) Written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code shall be made available to the public upon request.
(b) A local enforcement agency may charge a fee to cover the costs of making copies of the written rules and regulations described in subdivision (a).

SEC. 3.

 Section 129851 is added to the Health and Safety Code, to read:

129851.
 Written rules and regulations by the office to clarify the application of the California Building Standards Code pursuant to this chapter shall be made available to the public upon request.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.