Chapter 6. Regulations of California Health And Safety Code >> Division 13. >> Part 2.5. >> Chapter 6.
Any responsibilities of the State Architect to adopt
regulations relating to building standards are hereby transferred to
(a) Any responsibilities of the State Fire Marshal to
adopt, through a formal rulemaking process as provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, relating to building standards, including,
but not limited to, Sections 13108, 13143, 13143.6, and 13211, are
hereby transferred to the commission.
(b) The State Fire Marshal shall remain the state agency
responsible for developing building standards to implement the state'
s fire and life safety policy. In its role as the fire and life
safety standard developing agency, the State Fire Marshal shall
continue its existing activities and forums designed to facilitate
compromise and consensus among the various individuals and groups
involved in development of the state's codes related to fire and life
(c) The state's fire and life safety building standards, as
developed by the State Fire Marshal and as adopted by the commission,
shall continue to be based on the state's fire and life safety
policy goals and mandates as they existed prior to the enactment of
this chapter and as they are amended.
(d) The role of the commission in reviewing and adopting fire and
life safety building standards shall be strictly limited to a
technical review of those standards, through a process integrated
with the technical review of all other state building standards, and
a determination as to whether those standards conform to the
requirements of Section 18930 commonly known as the "nine point
(e) The commission may not rewrite or modify any fire or life
safety building standard without the express mutual agreement of the
State Fire Marshal. If the State Fire Marshal does not agree with the
modification of a fire or life safety building standard as proposed
by the commission, the authority of the commission shall be limited
to disapproval of the standard, pursuant to the "nine point criteria"
in Section 18930.
Any responsibilities of the Office of Statewide Health
Planning and Development to adopt regulations relating to building
standards, including, but not limited to, responsibilities specified
in Division 12.5 (commencing with Section 15000), are hereby
transferred to the commission.
The State Energy Resources Conservation and Development
Commission shall submit building standards to the commission for
review and approval pursuant to Section 18930 in accordance with the
time schedule established by the California Building Standards
Any responsibilities of the Department of Housing and
Community Development to adopt regulations relating to buildings
standards are hereby transferred to the commission.
(a) The commission shall adopt regulations setting forth
the procedure for the adoption of building standards and
administrative regulations that apply directly to the implementation
or enforcement of building standards.
(b) Regulatory adoption shall be accomplished so as to facilitate
the triennial adoption of the specified model codes pursuant to
(c) The regulations shall allow for the distribution of proposed
building standards and regulatory changes to the public for review in
compliance with the requirements of the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) and
for the acceptance of responses from the public.
Any responsibilities of the State Department of Public
Health to adopt regulations relating to building standards are hereby
transferred to the commission, except that the commission shall not
adopt any regulation without the concurrence of the State Department
of Public Health. Nothing in this section shall be construed to
change the current process for adopting regulations relating to
building standards of health facilities, as defined in Section 1250.