1-421 A Change Without Regulatory Effect
(a) Notwithstanding the rulemaking procedures specified in Sections 407 and 415 of this chapter, a state adopting agency or state proposing 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 state adopting agency or state proposing 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:
- Renumbering, reordering or relocating a regulatory provision;
- Deleting a regulatory provision for which all statutory or constitutional authority has been repealed;
- 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;
- Revising structure, syntax, cross-reference, grammar or punctuation;
- Changing an "authority" or "reference" citation for a regulation; and
- The regulatory provision is inconsistent with and superseded by the changed statute, and
- 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:
- A completed Building Standards Face Sheet (BSC-1) as required by Section 1-419 of this chapter; and
- Express Terms illustrating the change in the form required by Section 1-419 of this chapter; and
- A written statement for each section explaining how the change meets the requirements of Subsection (c) above; and
- 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 the Commission determines that the submitted change meets the requirements of this section for a Regulatory Change without 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.
- When the Commission determines that the submitted change does not meet the requirements of this section for a Regulatory Change without 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 reconsider ation by the Commission, or begin proceeding with a regulatory action pursuant to Section 407 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.
Note: Authority cited: Health and Safety Code Sections 18909, 18930 and 18931(f).
Reference: Health and Safety Code Sections 18909, 18930 and 18931(f).
- (BSC 01/13) Supplement to clarify grammatical errors in Section 1-421. Approved by the California Building Standards Commission on July 22, 2014, filed with Secretary of State on July 30, 2014, effective August 30, 2014.