Article 3. The Coordinating Council And Advisory Panels of California Health And Safety Code >> Division 13. >> Part 2.5. >> Chapter 2. >> Article 3.
(a) There is, in the office of the executive director, a
coordinating council. The membership of the council shall consist of
the executive director, who shall serve as chairperson, and
representatives appointed by the State Director of Public Health, the
Director of the Office of Statewide Health Planning and Development,
the Director of Housing and Community Development, the State Fire
Marshal, the Executive Director of the State Energy Resources
Conservation and Development Commission, and the Director of General
(b) Subject to the pleasure of the commission:
(1) The council or any member of the council shall, when called
and directed in writing by the executive director, work with and
assist an agency proposing building standards or adopting building
standards, or both, in the development of proposals for building
(2) When a state agency contemplates the adoption of any building
standard, it shall, prior to commencing any action to prepare a draft
of the proposal, advise the executive director, in writing, of that
intent and request the executive director to call the council, or any
member of the council, as appropriate, for assistance.
(3) Whenever the commission returns for amendment, or rejects any
proposed building standard, and one of the reasons for that action is
that approval of the proposal would create a conflict with existing
building standards of other adopting agencies, the executive director
shall call the council or any member of the council, as appropriate,
to assist in the elimination of the conflict.
(4) The council shall draft proposed building standards which the
commission is authorized to adopt pursuant to Section 18933 for the
consideration of the commission and approval, utilizing the criteria
of Section 18930.
The commission may appoint from the design professions, the
building and construction industry, the affected general public, and
interested governmental agencies, appropriate advisory panels to
advise the commission and its staff with respect to building
standards. The persons appointed to the panels shall be specifically
knowledgeable and qualified in the type of work embraced by the
building standards in question. These persons shall serve without
compensation, but may receive actual necessary travel expenses.
(a) Each state agency adopting or proposing adoption of a
model code, national standard, or specification shall reference the
most recent edition of applicable model codes, national standards, or
(b) Each state agency adopting or proposing adoption of a model
code, national standard, or specification shall adopt or propose
adoption of the most recent editions of the model codes, as amended
or proposed to be amended by the adopting agency, within one year
after the date of publication of the model codes, national standards,
or specifications. The "date of publication of a model code,
national standard, or specification" is either of the following:
(1) The date of publication printed in the model code, national
standard, or specification. If only a month and year are shown by the
model code, national standard, or specification adopting agency or
body, the date of publication shall be considered to be the last day
of the month shown.
(2) The date determined by the commission, if no publication date
is shown in the model code, national standard, or specification. The
commission shall notify all adopting agencies of its determination
within 15 days.
(c) If the adopting agencies fail to comply with subdivision (b),
the commission shall convene a committee to recommend to the
commission the adoption, amendment, or repeal, on the agencies'
behalf, of the most recent editions of the model codes, national
standards, or specifications and necessary state standards.
Building standards adopted or approved by the commission
shall incorporate the text of the model codes, applicable national
specifications, or published standards, in whole or in part, only by
reference, with appropriate additions or deletions therefrom. The
commission may elect to adopt or approve standards which incorporate,
in whole or in part, the text of these publications, with changes
therein, or deletions therefrom, directly incorporated into the text
of the California Building Standards Code, but no textual material
contained in any of the model codes, as enumerated in Section 18916,
may be included in the California Building Standards Code by means
other than incorporation by reference, unless the commission and the
governing body of the organization that publishes the model codes
first reach a written agreement concerning the terms and conditions
of the publication, including, but not limited to, whether the
publication will be by the commission or the model code organization,
or both. The model code governing body may not withhold any
publication agreement on the basis of the substantive provisions
contained in the California Building Standards Code.
(a) Except as otherwise provided in subdivision (b),
administrative regulations adopted by state agencies that apply
directly to the implementation or enforcement of building standards
shall be forwarded to the California Building Standards Commission
for approval. Each regulation shall be adopted in compliance with the
procedures specified in Section 18930 and in Article 5 (commencing
with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code. These administrative regulations shall be
published in the administrative part of the California Building
(b) This section shall not apply to any regulations adopted by the
Department of Housing and Community Development that apply directly
to the implementation or enforcement of building standards.
(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
(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
(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.