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AB-2411 Building standards: local agencies.(2001-2002)

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CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2411

Introduced  by  Assembly Member Corbett

February 21, 2002

An act to add Section 18929.5 to the Health and Safety Code, relating to building standards.


LEGISLATIVE COUNSEL'S DIGEST


AB 2411, as introduced, Corbett. Building standards: local agencies.
The California Building Standards Law requires 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. Within 120 days from the date of receipt of adopted standards, the commission is required to review and approve the standards, return them for amendment with recommended changes, or reject them. The commission is required to adopt regulations that ensure adequate public participation in the development of building standards prior to submittal to the commission for adoption and approval. After approval, the commission is required to codify and publish the standards in the California Building Standards Code.
Existing law authorizes a city, county, or city and county to establish more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions if certain conditions are met.
This bill would additionally authorize any local agency that has responsibility for the enforcement of state building standards to propose for adoption and approval by the commission one or more building standards if specified requirements are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18929.5 is added to the Health and Safety Code, to read:

18929.5.
 (a) In addition to the authority provided pursuant to Sections 17958.7 and 18941.5, any local agency that has responsibility for the enforcement of state building standards may submit for adoption and approval by the commission one or more building standards if all of the following requirements are met:
(1) The local agency complies with the procedures for the annual code adoption cycle adopted by the commission pursuant to Section 18929.1.
(2) A local agency that proposes adoption of a model code, national standard, or specification references the most recent edition of applicable mode codes, national standards, or specifications.
(3) The building standard is accompanied by an analysis written by the local agency that proposes the building standard. This analysis shall, to the satisfaction of the commission, justify the adoption and approval of the building standard in terms of the criteria described in paragraphs (1) to (9), inclusive, of subdivision (a) of Section 18930.
(4) The local agency pays annually to the commission a proportionate share of the cost of the review and publication of building standards that are published or proposed to be published in the California Building Standards Code.
(5) The building standard is, whenever practicable, written on a performance basis consistent with state and nationally recognized standards for building construction in view of the use and occupancy of each structure to preserve and protect the public health and safety.
(b) In accordance with the requirements of subdivisions (b) to (f), inclusive, of Sections 18930, the commission shall codify, including publish, all building standards of local agencies that propose building standards pursuant to this section into the California Building Standards Code.