Chapter 5. Appeals And Enforcement of California Health And Safety Code >> Division 13. >> Part 2.5. >> Chapter 5.
(a) Any person adversely affected by any regulation, rules,
omission, interpretation, decision, or practice of any state agency
respecting the administration of any building standard may appeal the
issue for resolution to the commission.
(b) If any local agency having authority to enforce a state
building standard and any person adversely affected by any
regulation, rule, omission, interpretation, decision, or practice of
such agency respecting such building standard both wish to appeal the
issue for resolution to the commission, then both parties may appeal
to the commission. The commission may accept such appeal only if the
commission determines that the issues involved in such appeal have
Except as provided in Section 18947, the commission may hear
the appeal itself, or by designating a member of the commission to
be a hearing officer, or may refer the appealing parties to an
advisory panel, a committee, or to a hearing officer appointed by the
Office of Administrative Hearings, wherein the hearing officer
designated by the commission or appointed by the Office of
Administrative Hearings, should, where possible, possess some
expertise in the technical aspects of the appeal. If a referral is
made, the panel, committee, or hearing officer may make an
investigation and conduct hearings as they deem appropriate, provided
that all interested agencies or parties shall have a full and fair
opportunity to be heard. A proposed written decision shall be
submitted to the commission which the commission may adopt, adopt as
modified, or reject. The commission shall render its decision or
interpretation in writing.
Where the appeal issue results from the enforcement of a
standard for occupational safety and health by an inspector of the
Division of Occupational Safety and Health of the Department of
Industrial Relations, the employer shall appeal directly to the
Occupational Safety and Health Appeals Board, and the appeal shall be
conducted pursuant to the provisions of Chapter 7 (commencing with
Section 6600) of Part 1 of Division 5 of the Labor Code. Such an
appeal, if sent to the commission in error, shall be forwarded
immediately to the Occupational Safety and Health Appeals Board. The
date of receipt of any such appeal by the commission shall be
considered the date of filing for purposes of meeting the filing time
requirements of Section 6600 of the Labor Code.
The responsibility for the enforcement and administration of
building standards shall remain in the state or local agency
specified by other provisions of law.
(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
The commission shall establish a schedule of fees for
appeals in an amount sufficient to pay its costs of administration
and hearing appeals.