HEALTH AND SAFETY CODE
SECTION 18926-18929.1
18926.  (a) There is, in the office of the executive director, acoordinating council. The membership of the council shall consist ofthe executive director, who shall serve as chairperson, andrepresentatives appointed by the State Director of Public Health, theDirector of the Office of Statewide Health Planning and Development,the Director of Housing and Community Development, the State FireMarshal, the Executive Director of the State Energy ResourcesConservation and Development Commission, and the Director of GeneralServices. (b) Subject to the pleasure of the commission: (1) The council or any member of the council shall, when calledand directed in writing by the executive director, work with andassist an agency proposing building standards or adopting buildingstandards, or both, in the development of proposals for buildingstandards. (2) When a state agency contemplates the adoption of any buildingstandard, it shall, prior to commencing any action to prepare a draftof the proposal, advise the executive director, in writing, of thatintent and request the executive director to call the council, or anymember of the council, as appropriate, for assistance. (3) Whenever the commission returns for amendment, or rejects anyproposed building standard, and one of the reasons for that action isthat approval of the proposal would create a conflict with existingbuilding standards of other adopting agencies, the executive directorshall call the council or any member of the council, as appropriate,to assist in the elimination of the conflict. (4) The council shall draft proposed building standards which thecommission is authorized to adopt pursuant to Section 18933 for theconsideration of the commission and approval, utilizing the criteriaof Section 18930.18927.  The commission may appoint from the design professions, thebuilding and construction industry, the affected general public, andinterested governmental agencies, appropriate advisory panels toadvise the commission and its staff with respect to buildingstandards. The persons appointed to the panels shall be specificallyknowledgeable and qualified in the type of work embraced by thebuilding standards in question. These persons shall serve withoutcompensation, but may receive actual necessary travel expenses.18928.  (a) Each state agency adopting or proposing adoption of amodel code, national standard, or specification shall reference themost recent edition of applicable model codes, national standards, orspecifications. (b) Each state agency adopting or proposing adoption of a modelcode, national standard, or specification shall adopt or proposeadoption of the most recent editions of the model codes, as amendedor proposed to be amended by the adopting agency, within one yearafter the date of publication of the model codes, national standards,or specifications. The "date of publication of a model code,national standard, or specification" is either of the following: (1) The date of publication printed in the model code, nationalstandard, or specification. If only a month and year are shown by themodel code, national standard, or specification adopting agency orbody, the date of publication shall be considered to be the last dayof the month shown. (2) The date determined by the commission, if no publication dateis shown in the model code, national standard, or specification. Thecommission shall notify all adopting agencies of its determinationwithin 15 days. (c) If the adopting agencies fail to comply with subdivision (b),the commission shall convene a committee to recommend to thecommission the adoption, amendment, or repeal, on the agencies'behalf, of the most recent editions of the model codes, nationalstandards, or specifications and necessary state standards.18928.1.  Building standards adopted or approved by the commissionshall incorporate the text of the model codes, applicable nationalspecifications, or published standards, in whole or in part, only byreference, with appropriate additions or deletions therefrom. Thecommission may elect to adopt or approve standards which incorporate,in whole or in part, the text of these publications, with changestherein, or deletions therefrom, directly incorporated into the textof the California Building Standards Code, but no textual materialcontained in any of the model codes, as enumerated in Section 18916,may be included in the California Building Standards Code by meansother than incorporation by reference, unless the commission and thegoverning body of the organization that publishes the model codesfirst reach a written agreement concerning the terms and conditionsof the publication, including, but not limited to, whether thepublication will be by the commission or the model code organization,or both. The model code governing body may not withhold anypublication agreement on the basis of the substantive provisionscontained in the California Building Standards Code.18929.  (a) Except as otherwise provided in subdivision (b),administrative regulations adopted by state agencies that applydirectly to the implementation or enforcement of building standardsshall be forwarded to the California Building Standards Commissionfor approval. Each regulation shall be adopted in compliance with theprocedures specified in Section 18930 and in Article 5 (commencingwith Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2of the Government Code. These administrative regulations shall bepublished in the administrative part of the California BuildingStandards Code. (b) This section shall not apply to any regulations adopted by theDepartment of Housing and Community Development that apply directlyto the implementation or enforcement of building standards.18929.1.  (a) The commission shall receive proposed buildingstandards from state agencies for consideration in an 18-month codeadoption cycle. The commission shall develop regulations settingforth the procedures for the 18-month adoption cycle. The regulationsshall ensure all of the following: (1) Adequate public participation in the development of buildingstandards prior to submittal to the commission for adoption andapproval. (2) Adequate notice, in written form, to the public of thecompiled building standards and their justification. (3) Adequate technical review of proposed building standards andaccompanying justification by advisory bodies appointed by thecommission. (4) Adequate time for review of recommendations by advisory bodiesprior to action by the commission. (5) The procedures shall meet the intent of the AdministrativeProcedure Act (Chapter 5 (commencing with Section 11500) of Division3 of Title 2 of the Government Code) and Section 18930. (b) Where this section is in conflict with other provisions ofthis part, the intent of this section shall prevail.