Section 8-104 Review and Appeals

In order to provide for interpretation of the provisions of the CHBC and to hear appeals, the SHBSB shall act as an appeal and review body to state and local agencies or any affected party.

When a proposed design, material or method of construction is being considered by the enforcing agency, the agency chief, the building official or the local board of appeals may file a written request for opinion to the SHBSB for its consideration, advice or findings. In considering such request, the SHBSB may seek the advice of other appropriate private or public boards, individuals, or state or local agencies. The SHBSB shall, after considering all of the facts presented, including any recommendation of other appropriate boards, agencies or other parties, determine if, for the purpose intended, the proposal is reasonably equivalent to that allowed by these regulations in proposed design, material or method of construction, and it shall transmit such findings and its decision to the enforcing agency for its application. The Board may recover the costs of such reviews and shall report the decision in printed form, copied to the California Building Standards Commission.

All state agencies with ownership of, or that act on behalf of state agency owners of, qualified historical buildings or properties, shall consult and obtain SHBSB review prior to taking action or making decisions or appeals that affect qualified historical buildings or properties, per Section 18961 of the Health and Safety Code.

Where an emergency is declared and a qualified historical building or property is declared an imminent threat to life and safety, the state agency assessing such a threat shall consult with the SHBSB before any demolition is undertaken, per Section 18961 of the Health and Safety Code.

If any local agency administering and enforcing the CHBC or any person adversely affected by any regulation, rule, omission, interpretation, decision or practice of the agency enforcing the CHBC wishes to appeal the issue for resolution to the SHBSB, either of these parties may appeal directly to the Board. The Board may accept the appeal only if it determines that issues involved are of statewide significance. The Board may recover the costs of such reviews and shall make available copies of decisions in printed form at cost, copied to the California Building Standards Commission.

Local agencies, when actively involved in the appeal, may also charge affected persons reasonable fees not to exceed the cost of obtaining reviews and appeals from the Board.