BILL NUMBER: AB 3372 CHAPTERED BILL TEXT CHAPTER 384 FILED WITH SECRETARY OF STATE AUGUST 19, 1996 APPROVED BY GOVERNOR AUGUST 17, 1996 PASSED THE ASSEMBLY AUGUST 8, 1996 PASSED THE SENATE JULY 11, 1996 AMENDED IN SENATE JULY 1, 1996 AMENDED IN ASSEMBLY MAY 16, 1996 AMENDED IN ASSEMBLY APRIL 10, 1996 INTRODUCED BY Assembly Member Ducheny FEBRUARY 23, 1996 An act to add Section 18934.8 to the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGEST AB 3372, Ducheny. Building standards: California Building Standards Commission. Under existing law, all building standards, with certain exceptions, that are within the authority of, and adopted by, state agencies are required to be submitted to and approved by the California Building Standards Commission and to be published in the California Building Standards Code. Existing law specifies procedures for the expedited review and adoption of emergency standards. This bill would provide that with respect to sections of the California Building Standards Code not under the authority of any state agency, the commission has the authority to adopt amendments to the California Building Standards Code if they are substantially the same as the model code amendments that were adopted on an emergency basis by the code publishers. The bill would authorize the California Building Standards Commission to consider adoption of emergency amendments made to the model codes in a prescribed expedited rulemaking process outside the annual code adoption cycle set forth under existing law, and would require the commission to ensure that its rulemaking process in this regard meets specified standards. The bill also would provide that amendments to the California Building Standards Code adopted pursuant to these provisions would take effect at a prescribed time following adoption. This bill would provide that nothing in its provisions shall be construed to permit amendments to the California Building Standards Code that decrease the level of disabled access provided. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18934.8 is added to the Health and Safety Code, to read: 18934.8. (a) Pursuant to subdivision (b), the commission may adopt amendments to the California Building Standards Code provided that they are substantially the same as model code amendments which were adopted on an emergency basis by the code publishers, if the sections being amended are not under the authority of a state agency. (b) The commission may consider adoption of emergency amendments made to the model codes in an expedited rulemaking process outside the annual code adoption cycle set forth in Section 18929.1. If a model code organization adopts emergency amendments, the commission may adopt those amendments 120 days after the organization's adoption of those amendments. This rulemaking process shall be completed within 180 days from the date the amendments were adopted by the model code organization. The commission shall ensure that the rulemaking process includes all of the following: (1) Adequate public participation in the development of building standards prior to submittal to the commission for adoption and approval. (2) Adequate written notice to the public of the compiled building standards and the written justification therefor. (3) Adequate technical review of proposed building standards and accompanying justification by advisory bodies appointed by the commission. (4) Adequate time for review of recommendations by advisory bodies prior to action by the commission. (c) Amendments to the California Building Standards Code adopted pursuant to this section shall take effect 60 days from the date on which they are adopted by the commission. (d) Nothing in this section shall be construed to permit amendments to the California Building Standards Code that decrease the level of disabled access provided.