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AB-1693 Building standards: code adoption cycle.(2009-2010)

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Assembly Bill No. 1693
CHAPTER 145

An act to amend Sections 18929.1, 18934.8, and 18942 of the Health and Safety Code, relating to building standards.

[ Approved by Governor  August 17, 2010. Filed with Secretary of State  August 17, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1693, Ma. Building standards: code adoption cycle.
(1) The California Building Standards Law provides for the promulgation of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. Existing law requires that the commission receive proposed building standards from state agencies for consideration in an annual code adoption cycle.
This bill would modify the code adoption cycle and extend it to 18 months.
(2) Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety every 3 years, and, in each intervening year, to publish supplements as necessary.
The bill would require the commission to publish the supplements in the intervening period instead of each intervening year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18929.1 of the Health and Safety Code is amended to read:

18929.1.
 (a) The commission shall receive proposed building standards from state agencies for consideration in an 18-month code adoption cycle. The commission shall develop regulations setting forth the procedures for the 18-month adoption cycle. The regulations shall ensure 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 notice, in written form, to the public of the compiled building standards and their justification.
(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.
(5) The procedures shall meet the intent of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code) and Section 18930.
(b) Where this section is in conflict with other provisions of this part, the intent of this section shall prevail.

SEC. 2.

 Section 18934.8 of the Health and Safety Code is amended to read:

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 18-month 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.

SEC. 3.

 Section 18942 of the Health and Safety Code is amended to read:

18942.
 (a) The commission shall publish, or cause to be published, editions of the code in its entirety once in every three years. In the intervening period the commission shall publish, or cause to be published, supplements as necessary. For emergency building standards defined in subdivision (a) of Section 18913, an emergency building standards supplement shall be published whenever the commission determines it is necessary.
(b) The commission shall publish the text of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104, within the requirements for single-family residential occupancies contained in Part 2 of Title 24 of the California Code of Regulations, with the following note:
“NOTE: These regulations are subject to local government modification. You should verify the applicable local government requirements at the time of application for a building permit.”
(c) The commission shall publish the text of Section 116064.2 within Part 2 of Title 24 of the California Code of Regulations.
(d) The commission may publish, stockpile, and sell at a reasonable price the code and materials incorporated therein by reference if it deems the latter is insufficiently available to the public, or unavailable at a reasonable price. Each state department concerned and each city, county, or city and county shall have an up-to-date copy of the code available for public inspection.
(e) (1) Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other state regulations relating to buildings published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. These codes shall be maintained in the office of the building official responsible for the administration and enforcement of this part.
(2) This subdivision shall not apply to a city or county that contracts for the administration and enforcement of the provisions of this part with another local government agency that complies with this section.