(1)Existing law authorizes any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard to appeal the issue for resolution to the California Building Standards Commission. Existing law authorizes 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 that agency respecting that building standard to appeal to the commission, provided that both wish to appeal the issue for resolution to the commission. Existing law authorizes the commission to accept those appeals only if the commission determines that the issues involved in the appeal have statewide significance.
This bill would
revise and recast those provisions to expand the reasons for which a person can appeal to the commission to include, among other things, being adversely affected by any building standard or local amendment to a building standard or any reasonable interpretation of the California Building Standards Code. a request for approval to use an alternate material. The bill would expand modify the conditions under which the commission may accept an appeal by removing the requirement that both the local agency and the adversely affected person wish to appeal the issue, and by revising the required statewide significance determination of the commission to instead only require that statewide significance to be potential, as provided. The bill would also authorize the commission to decline to accept an appeal if the commission determines
that the issues raised are primarily local in nature, lack current or potential statewide significance, or do not materially affect housing delivery or adaptive reuse. requiring that certain issues appealed have both statewide significance and that the person seeking the appeal has exhausted all local appeals procedures before appealing to the commission, subject to a certain exception. The bill would require the commission to review those appealed issues with specified stakeholders. The bill would additionally authorize any person to request a code interpretation from the commission relative to the intent of any regulation or provision adopted by the commission. The bill would require the commission to post, on its internet website and in a searchable format, decisions on appeals and code interpretations that it issues.
(2)Existing law requires certain building regulations to permit the use of alternate materials, appliances, installations, devices, arrangements, or methods of construction if they are, for the purposes intended, at least the equivalent of those prescribed in specified statutes, the building standards published in the California Building Standards Code, and specified rules and regulations in performance and safety and for the protection of life and health. Existing law also authorizes the building department of a city or county to approve an alternate material, appliance, installation, device, arrangement, method, or work on a case-by-case basis if it finds that the proposed design is satisfactory and that it is, for the purpose intended, at least the equivalent of that
prescribed in the California Building Standards Code or specified statutes in performance and safety and for the protection of life and health.This bill would authorize the commission to, upon request by a local enforcement agency or an affected person, issue a code equivalence determination, defined as a determination that an alternative material, design, method of construction, or compliance path provides performance that is not less than the equivalent of that required by an applicable provision of the California Building Standards Code, as provided. The bill would authorize the commission to accept that request only if it determines that the issues involved have potential statewide significance, as provided. In issuing a code equivalence determination, the bill would require the commission to determine, based on substantial evidence in the record, whether the proposed alternative is satisfactory and complies with the intent of the applicable provisions of the
California Building Standards Code, and whether the material, method, work, or compliance path offered is, for the purpose intended, not less than the equivalent of that prescribed in that code in quality, strength, effectiveness, fire resistance, durability, and safety. The bill would require the commission to publish a code equivalence determination on its internet website.(3)Existing law authorizes the commission to hear an appeal itself, or by designating a member of the commission to be a hearing officer, or to refer the appealing parties to an advisory panel, a committee, or a hearing officer appointed by the Office of Administrative Hearings. If a referral is made, existing law authorizes the panel, committee, or hearing officer to make an investigation and conduct hearings as they deem appropriate, provided that all interested agencies or parties have a full and fair opportunity to be heard. Existing law requires a proposed written decision to be submitted to the commission, which the commission is authorized to adopt, adopt as modified, or reject. Existing law requires the commission to render its decision or interpretation in writing.This bill would, for certain appeals made under the expanded reasons as described above, authorize the appellant to request a hearing before a hearing officer appointed by the Office of Administrative Hearings. In that regard, the bill would require the hearing officer to take certain actions, including determining whether the appellant has presented substantial evidence that the challenged action materially affects the feasibility, timing, or cost of residential projects. The bill would require any additional costs associated with these hearings requested to be borne by the appellant. The bill would prohibit exhaustion of local or state administrative appeal procedures from being a prerequisite to filing an appeal under its provisions if the commission determines the appeal raises issues that have potential statewide significance and the appeal concerns a regulation, rule, building standard, local amendment to a building standard, interpretation, decision, practice,
or code equivalence determination within the commissions jurisdiction, as specified. The bill would authorize the commission, upon accepting that appeal, to stay the effect of a challenged local determination for a specific project identified by the appellant if the commission makes a specified finding.This bill would prohibit a local enforcement agency from denying, delaying, or conditioning a permit application, inspection, or approval solely on the basis that the applicant or its design professional has filed or participated in an appeal under the bills provisions.(4)Existing law prohibits a decision by a state agency from being expressly relied on as precedent unless the agency has designated it as a precedent decision. Existing law authorizes the agency to make that designation if the decision or part of the decision contains a significant legal or policy determination of general application
that is likely to recur.This bill would authorize the commission to make the above-described appeals or code equivalence determinations precedent decisions if the commission makes certain findings. The bill would include among the required findings that the appeal presents issues of potential statewide significance, as provided, and the precedential effect will not undermine the ability of a local agency to adopt more restrictive building standards under certain circumstances. The bill would make an appeal decision designated as a precedent decision binding on the commission, any state agency that proposes or adopts building standards, and any local enforcement agency that administers or enforces the affected building standard, as provided and subject to certain exceptions. The bill would require a code equivalence determination designated as a precedent decision to guide state agencies that adopt or propose building standards, and local enforcement agencies, when
applying applicable alternative means provisions of the California Building Standards Code, as provided and subject to certain exceptions.This bill would require the commission to specify in its written decision whether any portion is designated as a precedent decision and to post a summary of the appeal and its outcome on its internet website. The bill would also require the commission, by January 1, 2028, to adopt regulations or guidelines establishing procedures and criteria for appeals.(5)(2)Existing law requires a local enforcement agencys written rules and regulations that clarify the application of the California Building Standards Code to be
made available to the public upon request.
This bill would, instead, require those written rules and regulations to be posted on the agencys internet website in a manner that clearly identifies the rules or regulations as a local interpretation or policy and links those rules or regulations, where applicable, to the related local amendments and express findings.
(6)(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(7)(4)By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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