Article 4 — RULEMAKING FOR THE ADOPTION OF BUILDING STANDARDS

This article establishes basic minimum procedural requirements for a code adoption cycle for proposing agencies to ensure adequate public partici

1-401. Purpose. This article establishes basic minimum procedural requirements for a code adoption cycle for proposing agencies to ensure adequate public participation in the development of building standards, to ensure adequate technical review and adequate time for technical review by Code Advisory Committees and to ensure adequate notice to the public of compiled code change submittals prior to adoption by the Commission.

1-403. Public participation.

(a) Precycle public participation. Every state agency with authority to propose or adopt building standards shall develop proposed building standards in a manner to ensure public participation. Methods for ensuring public participation may include but are not limited to the following:

1. Identify and maintain a listing of all interested groups or persons affected by building standards of the type within the jurisdiction of the agency.

2. Prior to commencing the development of proposed building standards, notify all interested groups and persons that building standards are to be developed, and solicit suggestions and a means for participation.

3. Conduct workshops to solicit input where the proposals are complex or large in number and cannot easily be reviewed during the comment period.

4. Make available draft proposals to interested groups or persons expressing interest.

5. Establish a procedure to provide interested groups or persons the opportunity to advise the agency of the impact of the proposed standards.

(b) Written public comments. The public may submit written comments in support or opposition to proposed building standards or proposed repeal of existing building standards. The written comment may be provided at a public meeting of a Code Advisory Committee, and at any public meeting or hearing by the Commission conducted for the purpose of considering building standards published or proposed to be published in Title 24 of the California Code of Regulations, and during any public comment period announced by an issued Notice of Proposed Action or agenda. See Section 1-413 for additional information.

(c) Oral public comments. The public may provide oral comment in support or opposition to proposed building standards and the proposed repeal of existing building standards during a public meeting of a Code Advisory Committee, or during any public meeting or hearing of the Commission conducted for the purpose of considering building standards published or proposed to be published in Title 24, California Code of Regulations.

1. Time allocated for public comment. Four minutes maximum is the total time allocated for each individual speaker to provide comment on a specific agenda item before or during the discussion or consideration of the item. Time may not be ceded to another speaker.

Exception: Twice the allocated time shall be provided to a member of the public who requests accommodation as a person with a disability, utilizes assistive technology, or utilizes an interpreter to effectively communicate.

Authority: Health and Safety Code Sections 18929.1 and 18934.

Reference: Government Code Sections 11125.7 and 11346.45, Health and Safety Code Sections 18929.1 and 18934.

The Commission and other state agencies that propose green building standards shall allow for inp

1-404. State agency participation for green building standards. The Commission and other state agencies that propose green building standards shall allow for input by other state agencies that have expertise in green building subject areas but do not have the statutory authority to propose green building standards. The process for making recommended changes to proposing state agencies shall align with an 18-month code adoption cycle (triennial or intervening) and the proposing state agency’s rulemaking schedule as follows:

(a) Timing for submittal . The timing for receipt of recommended changes shall be determined by the state agency that has statutory authority to propose green building standards for a specific occupancy. Pursuant to 1-403(a)(2), prior to commencing the development of proposed building standards , proposing state agencies shall notify all interested parties that building standards are to be developed, and solicit suggestions and a means for participation.

(b) Mandatory or voluntary standards. The state agency recommending changes shall specify whether the recommended changes are intended to be mandatory or voluntary green building standards, and shall indicate, to the extent possible, if a recommended voluntary green building measure should be considered for possible adoption as a mandatory measure within the two subsequent adoption cycles. The proposing state agency shall determine if a recommended green building standard will be proposed as a mandatory or voluntary measure.

(c) Submittal documents. Submittal documents shall be submitted as a complete package and shall include, but are not limited to, all of the following:

1. Recommended regulatory text for new green building standards or revisions to existing green building standards, in strikeout/underline format;

2. Rationale that clearly explains the specific purpose and the need for the changes including the basis for recommending that the items be considered for adoption as mandatory or voluntary green building standards;

3. Fiscal and economic analysis and supporting documentation in a format specified by the proposing state agency, which shall include the cost of compliance;

4. Verifiable and appropriate technical analysis, data or other information in support of the recommended changes including information on product availability. Data or information shall include, but is not limited to, copies of reports, findings, data relied upon or other materials and analyses;

5. Certification by the state agency suggesting the recommended changes that the content of the aforementioned submittal documents are true and accurate; and

6. Any additional information as requested by the proposing state agency.

(d) Availability to the public. The proposing state agency, in complying with the provisions of Section 1-403 and having determined to propose the recommended changes as building standards, shall make the proposals available to interested groups, persons expressing interest, and the public pursuant to Government Code §§11346.45 and 11347.1.

(e) State agency declines to proceed. The proposing state agency may decline to proceed with recommended changes from the suggesting state agency with expertise in green building subject areas due to any of, including but not limited to, the following circumstances:

1. Recommended changes conflict with the proposing state agency’s mission, stated goals and/or other mission critical program requirements;

2. The suggesting state agency has failed to provide the submittal documents as required;

3. The suggesting state agency provides data, analysis or information that is flawed or otherwise determined by the proposing state agency to be unusable in-whole or in-part;

4. The suggesting state agency fails to provide a complete package of submittal documents within the timeframe directed by the proposing state agency in order to appropriately advance the suggested changes during the subject rulemaking cycle; and

5. Any other reason as determined by the proposing state agency.

(f) Rulemaking participation. When the proposing state agency determines that it will accept and advance a recommended change submitted by a state agency with expertise in green building subject areas during a rulemaking code adoption cycle, the state agency that submitted the recommended change shall be notified in writing of the acceptance within 30 days of receipt of the submittal documents.

The written notification of receipt of submittal documents shall identify any assistance the proposing state agency may require from the suggesting state agency during the rulemaking process. This may include, but is not limited to contributions and participation in pre-cycle workshops or focus group meetings, development of proposed express terms and statement of reasons, providing research or documentation needed to support the suggested changes and comply with the requirements of the initial statement of reasons, and the State of California Department of Finance Economic and Fiscal Impact Statement (Std. 399), Code Advisory Committee presentations, and/or presenting the proposed code change before the Commission. The proposing state agency may request other documentation as necessary to comply with the rulemaking process.

Authority: Health and Safety Code Sections 18929.1, 18930.5 and 18934.

Reference: Government Code Section 11346.45, Health and Safety Code Sections 18929.1, 18930.5 and 18934.

State adopting agencies planning to conduct hearings relative to building standards shall, prior to giving public noti

1-405. State adopting agency hearing date. State adopting agencies planning to conduct hearings relative to building standards shall, prior to giving public notice, acquire the written approval of the Commission as to the date, time and place of the hearing(s). The approval may be in the form of the Commission’s approval of the proposed Notice of Proposed Action submitted by an adopting agency, when the date, time and place for the hearing is included in the proposed Notice of Proposed Action.

Authority: Health and Safety Code Sections 18931 and 18935.

Reference: Health and Safety Code Sections 18931 and 18935.

1-406. Commencement of rulemaking.

(a) In order to effectively administer the Triennial and Intervening Code Adoption Cycles, the Commission shall establish deadlines for state adopting agency and state proposing agency submittals of rulemaking files of adopted or proposed building standards for publication in Title 24, California Code of Regulations.

(b) The Commission shall notify state adopting agencies and state proposing agencies in writing of the deadlines for acceptance of rulemaking files a minimum of 180 days prior to the deadline. State adopting agencies and state proposing agencies shall submit rulemaking files as specified in this article to the Commission on or before the deadline for acceptance specified in the written notice. Authority: Health and Safety Code Sections 18929.1 and 18930.

Reference: Health and Safety Code Sections 18930, 18931 and 18933.

1-407. Initial rulemaking file submittals by a state proposing agency.

(a) State proposing agencies developing building standards, or administrative regulations to support building standards, to be published in Title 24, shall prepare a rulemaking file for submittal to the office of the Commission, which shall comply with Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. The Notice of Proposed Action required by this section shall be approved by the Commission prior to any official notice to conduct a hearing or comment period regarding the proposed rulemaking.

Note: Current forms, templates, and checklists for developing rulemakings are available from the Commission to assist state proposing and adopting agencies. These are provided in order to help ensure that the state agencies’ rulemaking documents comply with specific requirements for content, completeness, statutory authority and reference and numerous other requirements.

(b) File content. The initial rulemaking file submitted to the Commission shall include the following:

1. One (1) original Building Standards Face Sheet (BSC-1) signed by the agency director or designee.

2. One (1) copy of the Notice of Proposed Action. The Notice of Proposed Action shall be complete except for the public comment period portion. The public comment period will be determined by the Commission staff.

3. One (1) copy of the Initial Express Terms showing the proposed building standards or amendments to existing building standards in strikeout/underline format. The language, including numbering and punctuation, of proposed new building standards or amendments to existing building standards shall be shown underlined. Proposed deletions of existing building standards shall be shown in strikeout type. Existing building standards to remain without amendment shall be shown without underlining or strikeout or other highlighting.

4. One (1) copy of the Initial Statement of Reasons for proposing the adoption, amendment, or repeal of a regulation.

5. One (1) copy of the Department of Finance Economic and Fiscal Impact Statement (STD. 399). The Fiscal Impact Statement section of the STD. 399 is not required to be signed by the agency until a notice of proposed action is submitted for publication in the California Regulatory Notice Register.

6. One (1) copy of the written Nine-Point Criteria Analysis substantiating compliance with Health and Safety Code Section 18930.

7. One (1) electronic file copy of each of the above documents listed under subsection 1-407(b), which shall be suitable for immediate placement on the Commission’s website (www.dgs.ca.gov/bsc) for public viewing. Items 2, 3, 4 and 6 listed under this section shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

for immediate placement on the Commission’s website (www.dgs.ca.gov/bsc) for public viewing. Items 2, 3, 4 and 6 listed under this section shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

(c) Upon approval of the Notice of Proposed Action for building standards, the Executive Director will forward the approved Notice of Proposed Action to the Office of Administrative Law for the sole purpose of publication in the California Regulatory Notice Register before the start of the public comment period, and return an approved copy to the proposing agency. If a Notice of Proposed Action is found to be incomplete or incorrect by Commission staff, the Executive Director shall return it to the proposing agency within 10 days with a written listing of the found deficiencies to enable the agency to make corrections for resubmittal to the Commission.

1. Any Notice of Proposed Action not acted upon within 20 days by the Commission staff shall be considered approved and may be published in the California Regulatory Notice Register.

Authority: Government Code Sections 11346-11348 and Health and Safety Code Sections 18930, 18931, 18935 and 18949.6.

Reference: Government Code Section 11546.7(a) and Health and Safety Code Sections 18930, 18931, 18935 and 18949.6.

1-408. Certification of delegation of authority.

(a) Whenever a certification is required by this article, it shall be made by the head of the state agency that is proposing, adopting, amending or repealing building standards or administrative regulations, or by a designee of the agency head. The certification and delegation shall be in writing.

• (b) The certification signature required on the Notice/Submission Face Sheet (BSC-1) by Sections 1-407(b)1, 1-415(a)1, and

• 1-419(b)1 and the certification signature required on the Department of Finance Economic and Fiscal Impact Statement (STD. 399) required by Section 1-415(a)6 shall be made by the agency director, or their designee, of the agency proposing or adopting the building standards. A written delegation identifying the agency’s authorized signatory designee(s) shall be submitted prior to or with the rulemaking file(s) when the Notice/Submission Face Sheet (BSC-1) is signed by other than the agency director.

Authority: Government Code Sections 11340 et seq., and Health and Safety Code Sections 18929.1, 18930, 18931, 18934, 18935 and 18949.6.

Reference: Government Code Sections 11340 et seq., and Health and Safety Code Sections 18929.1, 18930, 18931, 18934, 18935 and 18949.6.

1-409. Code Advisory Committee review.

(a) Prior to conducting any hearing or public comment period as part of the rulemaking proceeding required by the Administrative Procedure Act, the Commission shall assign an initial rulemaking file, received on or before the deadline established under Section 1-406 of this article, to one or more Code Advisory Committees specifically knowledgeable in the building standard being proposed and schedule the submittal for a noticed public hearing to ensure adequate opportunity for public participation and technical review.

(b) A state proposing agency responsible for developing an initial rulemaking file shall attend the Code Advisory Committee meeting to present its proposal, and be prepared to respond to committee comments and questions.

(c) Code Advisory Committee reviews. A Code Advisory Committee shall conduct a public hearing to perform a technical review of all initial rulemaking files assigned to it by the Commission. A Code Advisory Committee meeting shall be scheduled by the Commission and shall be open to the public.

(d) Code Advisory Committee meeting notice. The location, date and time of a Code Advisory Committee meeting shall be noticed by the Commission and conducted in accordance with the Bagley-Keene Open Meeting Act (Gov. Code, §§ 11120–11132.).

(e) Time allocated for public comment. See Section 1-403(c) of this Article.

(f) Code Advisory Committee recommendations. A Code Advisory Committee shall make a recommendation on each proposed provision within the initial rulemaking file. A recommendation other than “approve” shall include a substantiating reason based on the Nine-Point Criteria in Health and Safety Code Section 18930. The recommendations to the Commission shall be based on one of the following and shall become part of the rulemaking file:

1. Approve. Approval of a proposed provision as submitted.

2. Disapprove. A proposed provision does not meet one or more specified criteria of Health and Safety Code Section 18930.

3. Further study required. A proposed provision has merit but does not meet one or more specified criteria of Health and Safety Code Section 18930. The proposed provision requires further study by the proposing agency. Upon further study, the proposing agency may resubmit the proposed provision for a comment period in the current cycle. The committee may recommend that the proposing agency submit the proposed provision in the next code adoption cycle after further study, or, if the matter can be resolved in time, submit the proposed provision for a comment period in the current cycle.

4. Approve as amended. Approval as amended of a proposed provision, as suggested by the committee for organization, cross-referencing, clarity and editorial improvements or as amended and submitted for committee review by the agency. Modifications are justified in terms of Health and Safety Code Section 18930.

(g) Code Advisory Committee reports. The Code Advisory Committee report of recommendations to the Commission shall be made available to the public for review and comment and be included in the Commission’s rulemaking file.

(h) State proposing agency action. State proposing agencies shall address each Code Advisory Committee recommendation in the revised Initial Statement of Reasons by explaining what, if any, action was taken or not taken to address the recommendation. Authority: Health and Safety Code Sections 18931 and 18935.

Reference: Government Code 11125.7, Health and Safety Code Sections 18931 and 18935.

1-411. Public comment rulemaking file submitted by a state proposing agency.

(a) Public comment periods, including 45-day and 15-day periods, shall be conducted according to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

(b) State proposing agencies shall submit rulemaking files to the Commission on or before the deadline established by the Commission, in preparation for the 45-day public comment period.

Note: Current forms, templates, and checklists for developing rulemakings are available from the Commission to assist state proposing and adopting agencies. These are provided in order to help ensure that the state agencies’ rulemaking documents comply with specific requirements for content, completeness, statutory authority and reference and numerous other requirements.

• (c) File content. The rulemaking file shall include the following items.

• (ci) One (1) copy of the Notice of Proposed Action.

• (cii) One (1) copy of the 45-Day Express Terms, including any amendments made to address Code Advisory Committee recommendations.

• (ciii) One (1) copy of the Initial Statement of Reasons, including explanations of any revisions suggested in the 45-Day Express Terms to address Code Advisory Committee recommendations.

• (civ) All other items required by Section 1-407 that have been amended since the initial rulemaking file was submitted for Code Advisory Committee review.

• (cv) One (1) electronic file copy of each document submitted, which shall be suitable for immediate placement on the Commission’s website (www.dgs.ca.gov/bsc) for public viewing. Items 1, 2, 3 and 4 (Nine-Point Criteria Analysis only) listed under this section shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

(d) In coordination with the Commission, and with the Commission’s approval of the submitted rulemaking file items, a state proposing agency shall perform the following to carry out the public comment periods:

1. Verify the rulemaking items submitted by the state proposing agency are posted and available to the public on the Commission’s website (www.dgs.ca.gov/bsc).

2. Distribute the Notice of Proposed Action to the parties on record with the state proposing agency that have requested to receive proposed rulemaking documents.

3. Provide printed or electronic files of the rulemaking documents described in the Notice of Proposed Action, if requested.

4. Maintain all written public comments received during the public comment periods in preparation for developing the final rulemaking file for submittal to the Commission for adoption.

5. Public comments received by a state proposing agency shall be forwarded to the Commission.

(e) Coordinate with the Commission should it be necessary to conduct additional 45-day and/or 15-day public comment periods.

Authority: Government Code Section 11346 et seq. and Health and Safety Code Sections 18929.1, 18930, 18934, 18935 and 18949.6. Reference: Government Code Sections 11346 et seq. and 11546.7(a) and Health and Safety Code Sections 18929.1, 18930, 18934, 18935 and 18949.6.

1-413. Public comments and related actions.

(a) Anyone wishing to provide written or oral comment on a recommendation of the Code Advisory Committee(s) and/or on a proposed building standard or the repeal of an existing building standard may do so in accordance with this section. The Commission, or state proposing agency, shall consider public comments received during a public comment period announced by a Notice of Proposed Action.

(b) When no public hearing is scheduled as part of a public comment period, a public hearing may be requested. Upon written request received, no later than 15 days prior to the close of the public comment period, a public hearing pursuant to Government Code Section 11346.8 shall be held by the Commission when the Commission is the proposing agency, or state proposing agency responsible for the proposal, to receive comment on the proposed building standard or repeal of an existing building standard, its justification or Code Advisory Committee recommendations. At the hearing statements, arguments, or comments, either oral or in writing, or both, shall be permitted.

(c) A written or oral public comment submitted pursuant to this section shall refer to a specific recommendation made by a Code Advisory Committee on a proposed building standard or repeal of an existing building standard. The public comment shall clearly indicate the action desired and include a substantiating reason for the desired action based on the Nine-Point Criteria in Health and Safety Code Section 18930.

(d) The Commission shall make available to the public upon request a record of written and oral comments received at the Commission office, or during Code Advisory Committee meetings and meetings and hearings by the Commission, and during public comment periods, in regard to a proposed building standard or the proposed repeal of an existing building standard.

(e) The Commission and/or state proposing agency, whichever is appropriate, shall consider the comments received during a Code Advisory Committee meeting and during a public comment period from the public pursuant to this section. Any amendments to the proposed building standard or proposed repeal of an existing building standard as a result of the public comment and determinations shall be explained in the Final Statement of Reasons.

(f) Following all public comment periods for a proposed building standard or proposed repeal of an existing building standard, the Commission will conduct a public meeting to consider the approval or adoption of the proposal. See Section 1-403 of this Article for time allocated for public comment.

No new issues will be raised before the Commission that were not included in the record of comments.

Items not challenged but affected as a result of an action on another item may also be considered at the Commission meeting to eliminate conflict, duplication or overlap.

Authority: Government Code Section 11346 et seq. and Health and Safety Code Sections 18929.1, 18930, 18934 and 18935.

Reference: Government Code Section 11346 et seq. and Health and Safety Code Sections 18929.1, 18930, 18934 and 18935.

1-415. Final rulemaking file by state proposing agencies.

(a) After any hearings and the close of all public comment periods a final rulemaking file shall be submitted to the Commission with all rulemaking documents complete and ready for the Commission’s public meeting to consider adoption. Forms, templates, and checklists are available from the Commission. Each final rulemaking file shall be organized and indexed to identify the following items required for inclusion:

1. One (1) original Building Standards Face Sheet (BSC-1) signed by the agency director or designee.

2. One (1) copy of the Notice of Proposed Action that includes Informative Digest.

3. One (1) copy of the Initial Statement of Reasons.

4. One (1) copy of the Final Express Terms to illustrate the final proposed building standards.

5. One (1) copy of the Finding of Emergency Statement (submitted only with Emergency Building Standards). Also see Section 1-419 of this article.

6. One (1) copy of the Department of Finance Economic and Fiscal Impact Statement (STD. 399) containing all required signatures as appropriate, together with fiscal analysis prepared by the submitting Agency.

7. One (1) copy of the written transcript, recording, or minutes of any public hearings.

8. One (1) copy of each exhibit submitted or written comment received at any public hearing conducted by the agency and a transcript of any oral comments received.

9. One (1) copy of each written comment received during public comment period(s).

10. One (1) copy of the Final Statement of Reasons and any studies, surveys or documents used to support the rationale for the proposed building standard(s).

11. One (1) copy of a written statement confirming that the state agency complied with the provisions of Government Code Section 11347.1 if the agency added any technical, theoretical, or empirical study, report, or similar document to the rulemaking file after publication of the Notice of Proposed Action and relied on the document in proposing the action. The statement shall specify the date upon which the notice of the document availability was mailed to the stakeholders at least 15 days before the proposed action is adopted by the agency.

12. One (1) copy of the Updated Informative Digest.

13. One (1) copy of the proposed standards made available to the public for at least 15 days before the agency adopts, amends, or repeals the regulation pursuant to Government Code Section 11346.8(c) with clearly indicated changes from what was made available to the public as the originally proposed regulatory action during the 45-day public comment period, and a memo attesting to the 15-day public availability period (if applicable).

14. One (1) original Certification of Close and Complete of the Rulemaking File signed by the agency director or designee.

15. One (1) copy of the written Nine-Point Criteria Analysis, which shall justify the approval of the building standard(s) in terms of the criteria as set forth in the State Building Standards Law, Part 2.5, Division 13, Section 18930 et seq., of the Health and Safety Code.

16. One (1) copy of the Certification of Compliance, which is required to make emergency building standards permanent (submitted only with Emergency Building Standards during certifying rulemaking).

17. One (1) copy of a written statement confirming that the state agency complied with the provisions of Government Code Section 11346.4(a)(1) through (4) regarding the mailing of notice of proposed action at least 45 days prior to public hearing and close of the public comment period. The statement shall include the date upon which the notice was mailed. This section is not intended to require an agency to provide a copy of its mailing list to support the statement.

18. One (1) electronic file copy of each of the above documents listed under this section. The electronic files shall be suitable for immediate placement on the Commission’s website for public viewing. Items 4 through 6, 11 through 13, and 15 listed under this section shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

(b) The proposed building standards shall be submitted in the strikeout/underline format. If the proposed building standards amend existing building standards, all deletions must be shown in strikeout type and all additions, including punctuation, must be underlined. The provisions of this section may be waived by the Executive Director through written notification to the adopting agency.

Authority: Health and Safety Code Sections 18931 and 18949.6.

Reference: Government Code Section 11546.7(a) and Health and Safety Code Sections 18931 and 18949.6.

1-417. Final actions by the Commission and proposing agency.

(a) Following the close of the public comment period, and any public hearing, the Commission shall take one of the following actions on each received final rulemaking file proposing to adopt new, repeal, or amend building standards.

1. Approve. The Commission approves a proposed code change as submitted. The change is justified in terms of Health and Safety Code Section 18930.

2. Disapprove. The Commission disapproves a proposed code change as not justified in terms of Health and Safety Code Section 18930.

3. Further study required. The Commission finds that a proposed code change has merit but does not meet specified criteria of Health and Safety Code Section 18930. The change requires further study and justification by the proposing agency. The proposed code change may be submitted in a future code adoption cycle with further study and justification.

4. Approve as amended. The Commission approves a proposed code change as modified by the proposing Agency Director or authorized representative in accordance with an approved written delegation order. No modification shall be made that materially alters a requirement, right, responsibility, condition or prescription in the text made available to the public for comment in accordance with this chapter. The proposing agency shall justify the modification pursuant to Health and Safety Code Section 18930 in an amended justification consistent with the approval action submitted to the Commission within 15 days. Failure to submit the amended justification within that time is cause for disapproval.

(b) Withdrawal. A proposing agency may withdraw a proposed code change as determined appropriate at any time during the rulemaking process.

Authority: Health and Safety Code Sections 18929.1, 18949.6 and 18931(f).

Reference: Health and Safety Code Sections 18927, 18929 through 18932, 18934, 18935, 18936, 18949.1, 18949.2, 18949.3, 18949.5 and 18949.6.

1-419. Emergency building standards.

(a) Emergency building standards may be developed and acted on as provided in Health and Safety Code Sections 18937 through 18938 and other referenced or applicable provisions of California Building Standards Law (HS. Code, § 18901 et seq.) and the Administrative Procedure Act (Gov. Code, § 11340 et seq.). Emergency building standards shall be acted on within 30 days and shall not be effective until approved by the Commission and filed with the Secretary of State.

(b) Rulemaking files for emergency building standards submitted to the Commission for consideration shall include each of the following:

1. One (1) original Building Standards Face Sheet (BSC-1), with the wet signature of the agency director or designee.

2. One (1) copy of the Finding of Emergency satisfying requirements of Government Code Section 11346.1.

3. One (1) copy of the Express Terms illustrating the proposed emergency building standards.

4. One (1) copy of the written Nine-Point Criteria Analysis substantiating compliance with Health and Safety Code Section 18930.

5. Any supporting documentation on which the proposed emergency building standards are based.

6. One (1) electronic file copy of each of the above documents listed under subsection 1-419(b). The electronic documents shall be suitable for immediate placement on the Commission’s website for public viewing. Items 2 through 5 listed under this subsection shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

(c) The Commission shall make a ruling on the state agency’s Finding of Emergency as to its compliance with Government Code Section 11346.1. If the Finding of Emergency is approved, the Commission shall consider the proposed emergency building standard and make a ruling to approve, disapprove, further study required, or approve as amended, consistent with Section 1-417(a) of this article.

(d) The Commission shall file approved emergency building standards with the Secretary of State at the earliest possible date following approval. Following the filing with the Secretary of State for an adopted emergency building standard, the Commission shall notify the affected state agency in writing of the filing date of the emergency building standard.

(e) Following the initial adoption of emergency building standards and if determined appropriate, the state agency responsible for the emergency building standards shall proceed to complete the certifying rulemaking process to make the emergency building standards permanent within 180 days in accordance with Government Code Section 11346.1 and Health and Safety Code Section 18938. Rulemaking files submitted to the Commission for certifying rulemaking shall include all applicable documents required by Section 1-415 of this article.

ergency building standards shall proceed to complete the certifying rulemaking process to make the emergency building standards permanent within 180 days in accordance with Government Code Section 11346.1 and Health and Safety Code Section 18938. Rulemaking files submitted to the Commission for certifying rulemaking shall include all applicable documents required by Section 1-415 of this article.

(f) Readoption of an emergency building standard pursuant to Government Code Section 11346.1(h) requires sending a notice of proposed action pursuant to Government Code Section 11346.1(a)(2).

In addition to fulfilling the requirements for submission of building standard actions described in this section and Sections 1-407, 1-411, 1-415 and 1-420 of this article, as applicable, a state proposing or adopting agency requesting approval for readoption of an emergency building standard shall provide the following:

1. A written statement providing specific facts demonstrating by substantial evidence that the agency has made substantial progress and proceeded with diligence to comply with Government Code Section 11346.1(e); and either

2. A statement that the emergency circumstances are unchanged since the initial adoption or prior readoption; or

3. An updated finding of emergency required by Government Code Section 11346.1(b) to reflect circumstances that have changed since the initial adoption or readoption.

(g) Rulemaking files for readoption of emergency building standards submitted to the Commission for consideration shall include each of the following:

1. One (1) original Building Standards Notice/Submission Face Sheet (BSC-1), with the wet signature of the agency director or designee.

2. One (1) copy of the Finding of Emergency previously approved by the Commission satisfying requirements of Government Code Section 11346.1 of this article.

3. One (1) copy of the statement relative to substantial progress, and the statement that the emergency remains unchanged or an updated finding of emergency, as appropriate. The statements and updated finding shall incorporate the provisions of Section 1-419(f) of this article.

4. One (1) copy of the Express Terms illustrating the approved/adopted emergency building standards.

5. One (1) copy of the written Nine-Point Criteria Analysis substantiating compliance with Health and Safety Code Section 18930.

6. Any supporting documentation on which the approved/adopted emergency building standards are based.

7. One (1) electronic file copy of each of the above documents listed under subsection 1-419(g). The electronic documents shall be suitable for immediate placement on the Commission’s website for public viewing. Items 2 through 6 listed under this subsection shall be in compliance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. [See Government Code Section 11546.7(a).]

Authority: Government Code Sections 11346.1 and 11346.5 and Health and Safety Code Sections 18930, 18937 and 18949.6.

Reference: Government Code Sections 11346.1, 11346.5 and 11546.7(a) and Health and Safety Code Sections 18913, 18930, 18935, 18937, 18938 and 18949.6.

1-420. State adopting agency submittals.

(a) All building standards and emergency building standards adopted by a state adopting agency must be approved by the Commission prior to codification pursuant to Health and Safety Code Section 18930. The submitted rulemaking file for approval shall satisfy all applicable provisions of the Administrative Procedure Act (Gov. Code, § 11340 et seq.).

(b) In accordance with Health and Safety Code Section 18935, the notice of proposed action and the initial statement of reasons shall be submitted to the Commission for review. The notice and the initial statement of reasons shall be submitted a minimum of 45 days in advance of the state adopting agency beginning its initial 45-day public comment period. Along with the notice and initial statement of reasons, the adopting agency shall include its initial express terms for review by the Commission.

After review and determination that the notice of proposed action and initial statement of reasons are in compliance with Article 5 of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the Commission shall approve the documents and notify the state adopting agency in writing within 5 calendar days of the approval. The Commission shall submit the notice of proposed action to the Office of Administrative Law (OAL) for publication in its California Regulatory Notice Register pursuant to OAL’s procedures.

(c) The submitted rulemaking files for adopted building standards and emergency building standards shall contain and comply with the applicable related provisions in Sections 1-415 and 1-419 of this article, as appropriate.

After any hearings, the close of all public comment periods and the state adopting agency receiving approval from its commission, board or other approving body, a final rulemaking file shall be submitted to the Commission. The final rulemaking file shall consist of Items 1 through 17 of Section 1-415 of this article. Each final rulemaking file shall be organized and indexed to identify all items comprising the final rulemaking file.

(d) A representative of the submitting state adopting agency shall be present at the Commission’s public meeting at which approval will be considered. The representative shall do the following:

1. Summarize the adopted building standards or emergency building standards.

2. Summarize the agency’s activities to satisfy requirements for rulemaking.

3. Respond to any questions by the Commission.

Authority: Government Code Section 11346 et seq., and Health and Safety Code Sections 18930 and 18949.6.

Reference: Government Code Section 11346 et seq., and Health and Safety Code Sections 18930, 18935, 18937 and 18949.6.

1-421. Change without regulatory effect.

(a) Notwithstanding the rulemaking procedures specified in Article 4 of this chapter, a proposing or adopting agency may add to, revise or delete text published in Title 24 of the California Code of Regulations, with the approval of the Commission, when the change has no regulatory effect as provided in this section.

(b) A proposing or adopting agency acting pursuant to this section on provisions of Title 24 that are also adopted by other state agencies, shall obtain the written concurrence of the other agencies in regard to the change without regulatory effect.

(c) A change without regulatory effect is a change to the provisions of Title 24 that does not impose any new requirement for the design or construction of buildings and associated structures and equipment. A change without regulatory effect may include, but is not limited to:

1. Renumbering, reordering or relocating a regulatory provision;

2. Deleting a regulatory provision for which all statutory or constitutional authority has been repealed;

3. Deleting a regulatory provision held invalid in a judgment that has become final, entered by a California court of competent jurisdiction, a United States District Court located in the State of California, the United States Court of Appeals for the Ninth Circuit, or the United States Supreme Court; however, the Commission shall not approve any proposed change without

regulatory effect if the change is based on a superior court decision which invalidated the regulatory provision solely on the grounds that the underlying statute was unconstitutional;

4. Revising structure, syntax, cross-reference, grammar or punctuation;

5. Changing an “authority” or “reference” citation for a regulation; and

6. Making a regulatory provision consistent with a changed California statute if both of the following conditions are met:

   • (A) The regulatory provision is inconsistent with and superseded by the changed statute, and

   • (B) The state adopting agency or state proposing agency has no discretion to adopt a change which differs in substance from the one chosen.

(d) The rulemaking file for a change without regulatory effect to be submitted to the Commission for adoption or approval, and publication in Title 24 shall include the following:

1. A completed Building Standards Face Sheet (BSC-1) as required by Section 1-415 of this chapter; and

2. Express Terms illustrating the change in the form required by Section 1-415 of this chapter; and

3. A written statement for each section explaining how the change meets the requirements of Subsection (c) above; and

4. Pursuant to Subsection (b) above, a written statement by each state Agency that has adopted the provision being changed, concurring with the regulatory change. All such statements shall be signed by a duly authorized representative of the Agency.

(e) The Commission shall make a determination regarding a change submitted pursuant this section within thirty (30) days of its receipt. Within ten (10) days of making a determination, the Commission shall send written notification of the determination to the agency that submitted the change when:

1. The Commission determines that the submitted change meets the requirements of this section for a change without regulatory effect, the regulatory change shall be filed with the Secretary of State and the Commission shall publish the change in Title 24, California Code of Regulations.

2. The Commission determines that the submitted change does not meet the requirements of this section for a change without regulatory effect, or does not comply with the rulemaking requirements of this section, the written determination by the Commission shall provide sufficient itemization of the deficiencies. The agency may correct the rulemaking file for reconsideration by the Commission, or begin proceeding with a regulatory action pursuant to Article 4 of this chapter.

(f) An adoption or approval by the Commission of a change without regulatory effect shall be effective 30 days after filing with the Secretary of State. Health and Safety Code Section 18938(c) establishes the effective date as being 30 days after filing the amendment or repeal by the Commission with the Secretary of State.

Authority: Health and Safety Code Sections 18929.1, 18930, 18931(f) and 18946.6.

Reference: Health and Safety Code Sections 18929.1, 18930, 18931(f) and 18946.6.