- 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.).
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.
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.
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:
- Summarize the adopted building standards or emergency building standards.
- Summarize the agency's activities to satisfy requirements for rulemaking.
- 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.