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. The public interest includes, but is not limited to,
health and safety, resource efficiency, fire safety, seismic safety,
building and building system performance, and consistency with
environmental, public health, and accessibility statutes and
regulations.
(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).