Article 2 Duties and Responsibilities of the Building Standards Commission, the Executive Director, Commission Personnel and Resources

(a) Commission duties. The Commission shall perform all functions relating to the adoption and publication of the California Building Standards Code in Title 24 of the California Code of Regulations prescribed by the California Building Standards Law in Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901.

(b) Executive Director duties. The Executive Director shall be the primary individual responsible for implementing the will of the Commission, and shall have the authority to:

1. Recommend to the Commission policies under which the office of the Commission will operate.
2. Interpret and implement the policies of the Commission.
3. Provide the administrative direction for the day-today work of the Commission.
4. Manage the technical and support staff of the Commission.
5. Represent the Commission to the Legislature.
6. Review and approve or disapprove agencies’ public notices for proposed building standards per Sections 11346.4 and 11346.5 of the Government Code.
7. Ensure that state agencies comply with Section 18930 of the Health and Safety Code and Sections 11342 through 11446 (as required) of the Government Code, when adopting building standards, prior to submission to the Commission.
8. Negotiate and execute contractual agreements necessary to carry out the mission of the Commission.
9. Manage the Commission’s appeal and petition process.
10. Represent the Commission to all levels of state and local government, and with the private sector.
11. Perform other duties as required by the Commission and state statute(s).

Authority: Health and Safety Code Section 18931.

Reference: Health and Safety Code Sections 18925 and 18931.

(a) The Commission shall adopt, approve, codify, update and publish green building standards for occupancies that are not under the explicit authority of another state agency. The commission also may review and comment on proposals and proposed standards developed by other agencies in order to reduce or eliminate ambiguities or conflicts.

(b) A list of agencies with specific authority to adopt or propose building standards to the commission includes the list of agencies identified in Title 24, Part 2, the California Building Code, Chapter 1, Division 1, Section 1.1, et al. The commission shall work with these agencies to coordinate the adoption of green building standards for residential and non-residential occupancies.

(c) In developing green building standards, the commission shall consult with the state entities it finds to be appropriate for specific standards including, but not limited to, the following State agencies:

1. Department of Resource Recycling and Recovery.
2. The California Energy Resources Conservation and Development Commission.
3. The California Air Resources Board.
4. The California Department of Water Resources.
5. The California Department of Transportation.
6. The California Department of General Services.
7. The California Department of Public Health.
8. Office of State Fire Marshal.

(d) The Commission also shall consult with representatives from each of the following:

1. Environmental advocacy groups.
2. Interested local government and code enforcement entities.
3. The building construction and design industry.
4. Interested public parties.

(e) The Commission may consult with and seek input from the entities and representatives identified in Subsections (c) and (d) either by written comment or in a meeting format and shall consider all input provided during the development of the green building standards which is relevant to specific standards. The commission shall provide written responses to formal comments received during the public comment period for any proposed green building standards.

Authority: Health and Safety Code Sections 18909(c), 18929, 18930.5, 18931.6 and 18931.7.

Reference(s): Health and Safety Code Sections 18930.5, 18931.6, and 18931.7.

HISTORY:

1. (BSC 07/09) Supplement adding Section 1-1004 Development of Standards to Chapter 1. Effective on January 1, 2011.
2. 1.(BSC 01/13) Supplement to correct title of Commission in Section 1-203. Approved by the California Building Standards Commission on July 22, 2014, filed with Secretary of State on July 30, 2014, effective August 30, 2014.

(a) Standing code advisory committees. The Commission shall establish the following standing code advisory committees.

1. Accessibility
2. Plumbing, Electrical, Mechanical and Energy
3. Building, Fire and Other Regulations
4. Structural Design/Lateral Forces
5. Health Facilities
6. Green Building

(b) Special code advisory committee. The Commission may establish one or more special code advisory committees when it determines that a subject in the code needs to be extensively revised or that a complex subject which needs to be regulated is not covered or that the content of a proposed code change warrants special technical review.

(c) Quorum. A majority of the members of the code advisory committee(s) shall constitute a quorum for the transaction of business. A majority of the members present shall constitute a quorum for determining the outcome of a vote.

(d) Members. The code advisory committees shall be limited to a maximum of nine voting members, appointed by the Commission for one triennial code adoption cycle (3 years). The Commission can extend the term beyond 3 years if deemed necessary, and members shall hold appointments at the pleasure of the Commission. The appointments shall be made from individuals knowledgeable in the building stan dards or general subjects assigned to the specific committee. Members shall be solicited by the Commission based on the representations listed in this section. However, when there are no volunteers for a specific representation following a 30-day advertisement of an available committee position, the Commission may make other appointments as deemed necessary to maintain the expertise and balance of a committee:

1. Accessibility. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative(s)

   2. Voting Member(s)

      1. Disability Access Advocate Knowledgeable in Visually Impaired
      2. Disability Access Advocate Knowledgeable in Hearing Impaired
      3. Disability Access Advocate Knowledgeable in Mobility Impaired
      4. Disability Access Advocate Knowledgeable in Environmental Health Network or Other Cognitively Impaired
      5. Local Government Building Official1
      6. Construction Industry
      7. Architect
      8. Fire Official
      9. Public Member

2. Plumbing, electrical, mechanical and energy. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative(s)

   2. Voting Member(s)

      1. Local Government Building Official1
      2. Environmental/Energy Organization
      3. Construction Industry
      4. Architect
      5. Fire Official
      6. Public Member or Local Government Water Efficiency Official1
      7. Plumbing Inspector
      8. Mechanical Engineer
      9. Electrical Engineer or Electrical Inspector

3. Building, fire and other. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative(s)

   2. Voting Member(s)

      1. Local Government Building Official1
      2. Registered Fire Protection Engineer
      3. Construction Industry
      4. Architect
      5. Commercial Building Industry
      6. Fire Official
      7. Disability Access Advocate
      8. Public Member

4. Structural design/lateral forces. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative

   2. Voting Member(s)

      1. Three (3) Structural Engineers
      2. Architect
      3. General Contractor
      4. Local Government Building Official1
      5. Public Member

5. Health facilities. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative(s)

   2. Voting Member(s)

      1. Acute Care Hospital Representative
      2. Skilled Nursing Facility Representative
      3. Architect
      4. General Contractor
      5. Mechanical Engineer
      6. Electrical Engineer or Electrical Inspector
      7. Fire Protection Engineer
      8. Local Government Building Official1
      9. Primary Care or Specialty Clinic Representative

6. Green building. The Commission shall solicit nominations from:

   1. Ex-Officio Member(s)

      1. State Agency Representative(s)

   2. Voting Member(s)

      1. Residential Construction Industry Representative
      2. Commercial Building Industry Representatives
      3. Architect
      4. Environmental Organization Representative
      5. Local Government Building Official1
      6. Public Member or Local Government Water Efficiency Official1
      7. Fire Official
      8. Mechanical Engineer or Energy/Building Performance Specialist
      9. Electrical Engineer, Electrical Inspector or Energy/Building Performance Specialist

(a) Application required. Persons desiring appointment to a position on a Code Advisory Committee must take application to the Commission as required by this section. A separate application is required for each advertised vacancy on a Code Advisory Committee. The Commission will not maintain applications on file for future consideration.

(b) Application form. For each Code Advisory Committee vacancy, a completed Application for Code Advisory Committee Appointment, form BSC-7, shall be submitted to the office of the Executive Director, California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833. The current address may be verified at the Commission’s website: www.bsc.ca.gov. The application form is available from the Commission or may be obtained on the Commission’s website under Forms, Templates and Checklists.

The application shall be accompanied by a resume and may be further supported by attachments including letters of support or recommendation and other materials demonstrating expertise and knowledge applicable to the Code Advisory Committee position.

(c) Application period. When advertising a vacancy on a Code Advisory Committee, the Commission may establish an application period with a closing date and may, at its discretion, consider applications received after the closing date.

(d) Selection decision. The Commission will consider applications and make selections based on qualifications applicable to the Code Advisory Committee vacancy. All decisions by the Commission regarding appointments to Code Advisory Committees are final and are not subject to appeal.

(e) Notice of appointment. The Executive Director, or his or her designee, shall provide written notice to applicants selected by the Commission for appointment to a Code Advisory Committee. Written notice shall also be provided to all applicants not selected for appointment to a Code Advisory Committee.

(f) Application fee. There is no application fee.

Authority: Health and Safety Code Sections 18909(c), 18929, 18930.5, 18949.6 and 18931(f).

Reference: Health and Safety Code Sections 18927, 18929, 18930.5, 18931 (f), 18934, 18936 and 18949.6.

HISTORY:

1. (BSC 2/92) Regular order by the California Building Standards Commission to adopt Section 1-901, Part 1, Title 24, California Code of Regulations. Filed with the Secretary of State February 10, 1994; effective March 12, 1994. Approved by the Office of Administrative Law on February 10, 1994.
2. (BSC 02/08) Article 1-9, Code Adoption Process. Amend Section 1-902. Effective June 21, 2009.
3. (BSC 01/13) Supplement to correct website references in Section 1-211. Approved by the California Building Standards Commission on July 22, 2014, filed with Secretary of State on July 30, 2014, effective August 30, 2014.