BILL NUMBER: AB 1071 CHAPTERED
BILL TEXT
CHAPTER 645
FILED WITH SECRETARY OF STATE OCTOBER 6, 1997
APPROVED BY GOVERNOR OCTOBER 3, 1997
PASSED THE ASSEMBLY SEPTEMBER 10, 1997
PASSED THE SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE SEPTEMBER 2, 1997
AMENDED IN SENATE AUGUST 26, 1997
AMENDED IN SENATE AUGUST 7, 1997
AMENDED IN SENATE JULY 14, 1997
AMENDED IN SENATE JUNE 30, 1997
AMENDED IN ASSEMBLY APRIL 23, 1997
INTRODUCED BY Assembly Members Cardoza and Wayne
(Principal coauthor: Assembly Member Torlakson)
(Principal coauthor: Senator Lee)
FEBRUARY 27, 1997
An act to amend Sections 17913, 17920, 17920.9, 17921, 17922.8,
17924, 17927, 17952, 17958, 17958.1, 17958.5, 17958.7, 18928, and
18941.7 of, and to add and repeal Section 18941.9 of, the Health and
Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 1071, Cardoza. Housing: building standards.
Existing law requires the Department of Housing and Community
Development to adopt and submit building standards for approval by
the California Building Standards Commission and publication in the
California Building Standards Code and to adopt other specified
regulations. The standards, rules, and regulations of the department
are required to impose substantially similar requirements as are
contained in various uniform industry codes, and the department is
required to adopt those requirements by reference, with the exception
of additions and deletions to them made by the department.
This bill would make technical, nonsubstantive changes to certain
of these provisions to conform outdated references in current law.
Existing law requires the Department of Housing and Community
Development to notify specified entities of the dates that each of
the various uniform codes described in existing law are approved by
the California Building Standards Commission.
This bill would, instead, require the department to notify these
entities of the dates that each of the uniform codes published by the
specific organizations described in existing law are approved by the
commission.
Existing law requires the Department of Housing and Community
Development, in conjunction with the office of the State Fire
Marshal, to report annually to the California Building Standards
Commission the modifications and changes made by cities and counties
to the building standards published in the California Building
Standards Code and to report any more stringent building standards
related to fire and panic safety adopted by a city, county, city and
county, or fire protection district.
This bill would delete that requirement.
Existing law, which is repealed January 1, 2003, allows the
governing body of a city, county, or city and county to adopt an
ordinance that allows a building or other structure located on a
military base selected for closure to comply with the California
Building Standards Code and other provisions of state law regarding
liability in relation to fires in a graduated manner over a period of
no more than 3 years if certain conditions including, among other
things, that the use of the building or structure is not hazardous to
life safety, fire safety, health or sanitation, that the building or
other structure has been transferred by the federal government to
specified local governmental entities or is under lease between the
federal government and any of the specified local governmental
entities, and that a compliance plan has been adopted, are met before
January 1, 2000.
This bill would include a specified joint powers agency with those
specified local governmental entities affected by the bill.
This bill would allow the governing body of a local agency to
adopt an ordinance permitting certain buildings or other structures
located on military bases, as specified, to comply with specified
provisions establishing state building standards and state standards
of fire safety, or to any regulations or standards adopted pursuant
to state building standards, in a graduated manner over a period of
no more than 7 years from the date the property has been transferred
by the federal government, provided that specified conditions are
met. This provision would be applicable only to a building or other
structure for which a local agency adopts a graduated compliance
plan, as specified, prior to January 1, 2000. The bill would require
the local agency to submit its proposed compliance plan to an
engineer, architect, or building inspector for review for compliance
with these provisions and to file the approved plan with the
California Building Standards Commission. The bill would repeal
these provisions on January 1, 2007.
The California Constitution provides that a local or special
statute is invalid in any case if a general statute can be made
applicable.
This bill would declare that, due to the unique problems found at
the former military bases affected by specified provisions of the
bill, a general statute within the meaning of specified provisions of
the California Constitution cannot be made applicable, and that
therefore, this bill is necessary.
This bill would provide that its provisions shall only become
operative if AB 125 of the 1997-98 Regular Session is enacted and
becomes operative, on or before January 1, 1998.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17913 of the Health and Safety Code is amended
to read:
17913. (a) The department shall notify the entities listed in
subdivision (c) of the dates that each of the uniform codes published
by the specific organizations described in paragraphs (1) to (5),
inclusive, of subdivision (a) of Section 17922 are approved by the
California Building Standards Commission pursuant to Section 18930
and the effective date of the model codes as established by the
California Building Standards Commission.
(b) The department may publish information bulletins regarding
code enforcement as emergencies occur or at any other time the
department determines appropriate.
(c) The department shall distribute the information described in
subdivision (a), and may distribute the information described in
subdivision (b), to the following entities:
(1) The building department in each county and city.
(2) Housing code officials, fire service officials, professional
associations concerned with building standards, and any other persons
or entities the department determines appropriate.
SEC. 2. Section 17920 of the Health and Safety Code is amended to
read:
17920. As used in this part:
(a) "Approved" means acceptable to the department.
(b) "Building" means a structure subject to this part.
(c) "Building standard" means building standard as defined in
Section 18909.
(d) "Department" means the Department of Housing and Community
Development.
(e) "Enforcement" means diligent effort to secure compliance,
including review of plans and permit applications, response to
complaints, citation of violations, and other legal process. Except
as otherwise provided in this part, "enforcement" may, but need not,
include inspections of existing buildings on which no complaint or
permit application has been filed, and effort to secure compliance as
to these existing buildings.
(f) "Fire protection district" means any special district, or any
other municipal or public corporation or district, which is
authorized by law to provide fire protection and prevention services.
(g) "Labeled" means equipment or materials to which has been
attached a label, symbol, or other identifying mark of an
organization, approved by the department, that maintains a periodic
inspection program of production of labeled products, installations,
equipment, or materials and by whose labeling the manufacturer
indicates compliance with appropriate standards or performance in a
specified manner.
(h) "Listed" means all products that appear in a list published by
an approved testing or listing agency.
(i) "Listing agency" means an agency approved by the department
that is in the business of listing and labeling products, materials,
equipment, and installations tested by an approved testing agency,
and that maintains a periodic inspection program on current
production of listed products, equipment, and installations, and
that, at least annually, makes available a published report of these
listings.
(j) "Noise insulation" means the protection of persons within
buildings from excessive noise, however generated, originating within
or without such buildings.
(k) "Nuisance" means any nuisance defined pursuant to Part 3
(commencing with Section 3479) of Division 4 of the Civil Code, or
any other form of nuisance recognized at common law or in equity.
(l) "Public entity" has the same meaning as defined in Section
811.2 of the Government Code.
(m) "Testing agency" means an agency approved by the department as
qualified and equipped for testing of products, materials,
equipment, and installations in accordance with nationally recognized
standards.
SEC. 3. Section 17920.9 of the Health and Safety Code is amended
to read:
17920.9. (a) The department shall propose adoption, amendment, or
repeal by the California Building Standards Commission pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, of those
regulations as are necessary for the provision of minimum fire safety
and fire-resistant standards relating to the manufacture,
composition, and use of foam building systems manufactured for use,
or used, in construction of buildings subject to this part,
mobilehomes subject to Part 2 (commencing with Section 18000), or
factory-built housing subject to Part 6 (commencing with Section
19960), for the protection of the health and safety of persons
occupying those buildings, mobilehomes, or factory-built housing.
The department shall enforce building standards published in the
California Building Standards Code relating to foam building systems,
and other rules and regulations adopted by the department or by
federal law. Each manufacturer of foam building systems shall have
any foam building system manufactured for use in any building,
factory-built housing, or mobilehome listed and labeled by an
approved testing agency certifying that the system meets fire safety
and fire-resistant building standards published in the California
Building Standards Code. The department shall consult with all
available public and private sources to assist in the development of
the building standards and other rules and regulations.
(b) The department shall make inspections of the manufacture of
such foam building systems which it determines are necessary to
insure compliance with the requirements of subdivision (a).
(c) No person shall sell, offer for sale, or use in construction
of buildings subject to this part, mobilehomes subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, which foam building
system does not comply with, or has not been listed and labeled by an
approved testing agency certifying that the foam building system is
in compliance with, the requirements of subdivision (a) on and after
the 180th day after the building standards or other rules or
regulations become effective.
This subdivision shall not apply to any buildings, mobilehomes, or
factory-built housing constructed prior to the 180th day after those
standards become effective.
(d) No person shall sell, offer for sale, or use in construction
of any building subject to this part, a mobilehome subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, if the manufacturer
thereof refuses to permit the department to conduct the inspections
required by subdivision (b) on and after the 180th day after the
building standards or other rules or regulations become effective.
(e) As used in this section:
(1) "Foam" means a material made by mixing organic polymers with
air or other gases in a manner that forms a solid substance with
holes filled with air or gas when the mixture is allowed to set.
(2) "Foam building system" means a system of building materials
composed of, in whole or in part, of foam. It includes, but is not
limited to, all combinations of systems such as those composed of
foam inserted between and bonded to two boundary surface materials or
those composed exclusively of foam.
(3) "Building standard" means building standard as defined in
Section 18909.
SEC. 4. Section 17921 of the Health and Safety Code is amended to
read:
17921. (a) Except as provided in subdivision (b), the department
shall propose the adoption, amendment, or repeal of building
standards to the California Building Standards Commission pursuant to
the provisions of Chapter 4 (commencing with Section 18935) of Part
2.5, and the department shall adopt, amend, and repeal other rules
and regulations for the protection of the public health, safety, and
general welfare of the occupant and the public governing the
erection, construction, enlargement, conversion, alteration, repair,
moving, removal, demolition, occupancy, use, height, court, area,
sanitation, ventilation and maintenance of all hotels, motels,
lodging houses, apartment houses, and dwellings, and buildings and
structures accessory thereto. Except as otherwise provided in this
part, the department shall enforce those building standards and those
other rules and regulations. The other rules and regulations
adopted by the department may include a schedule of fees to pay the
cost of enforcement by the department under Sections 17952 and 17965.
(b) The State Fire Marshal shall adopt, amend, or repeal and
submit building standards for approval pursuant to the provisions of
Chapter 4 (commencing with Section 18935) of Part 2.5, and the State
Fire Marshal shall adopt, amend, and repeal other rules and
regulations for fire and panic safety in all hotels, motels, lodging
houses, apartment houses and dwellings, buildings, and structures
accessory thereto. These building standards and regulations shall be
enforced pursuant to Sections 13145 and 13146; however, this section
is not intended to require an inspection by a local fire agency of
each single-family dwelling prior to its occupancy.
SEC. 5. Section 17922.8 of the Health and Safety Code is amended
to read:
17922.8. The Office of Noise Control may appoint an advisory
committee to assist the office in reviewing and revising the noise
insulation standards previously adopted.
SEC. 6. Section 17924 of the Health and Safety Code is amended to
read:
17924. Rules and regulations shall be promulgated pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and no state department, officer,
board, agency, committee, or commission shall have power pursuant to
the provisions of this part to publish building standards, as defined
in Section 18909, but shall propose and submit those building
standards as deemed necessary to carry out the provisions of this
part for adoption and publishing pursuant to the provisions of Part
2.5 (commencing with Section 18901).
SEC. 7. Section 17927 of the Health and Safety Code is amended to
read:
17927. The department shall propose the adoption, amendment, or
repeal of building standards pursuant to the provisions of Chapter 4
(commencing with Section 18935) of Part 2.5, and the department shall
adopt, amend, and repeal other rules and regulations for garage door
springs for installation in garages which are accessory to apartment
houses, hotels, motels, and dwellings as the department determines
are reasonably necessary to prevent the death or injury of persons or
damage to property resulting from the breaking of the garage door
springs. Except as otherwise provided in this part, the department
shall enforce building standards published in the California Building
Standards Code relating to garage door springs and other rules and
regulations adopted by the department pursuant to this section.
No garage door spring which violates the provisions of any
building standard published in the California Building Standards Code
relating to garage door springs or any other rule or regulation
adopted by the department pursuant to this section shall be sold or
offered for sale, or installed in any garage which is accessory to an
apartment house, hotel, motel, or dwelling, on or after the date of
publication of the building standard or the effective date of the
rule or regulation.
SEC. 8. Section 17952 of the Health and Safety Code is amended to
read:
17952. (a) In the event of nonenforcement of this part, or the
building standards published in the California Building Standards
Code, or the other rules and regulations promulgated pursuant to the
provisions of this part, such provisions, building standards or other
rules and regulations shall be enforced by the department in any
city or county after the department has given written notice to the
governing body of that city or county or fire protection district, as
the case may be, of a violation of this part, those building
standards, or the other rules or regulations promulgated pursuant to
the provisions of this part and the city or county has failed to
initiate proceedings to secure correction of the violation within 30
days of the date of that notice. The city or county or fire
protection district may request a hearing before the department
pursuant to Section 17930 within the 30 days to show cause for
nonenforcement. Enforcement by the department shall not be initiated
until the decision of the department, adverse to the city or county
or fire protection district, is rendered.
(b) In the event of enforcement by the department pursuant to
subdivision (a), the costs incurred by the department for such
enforcement shall be borne by such city, or county, or city and
county, or fire protection district. The department may assess fees
to defray the costs of enforcement, thereby reducing the cost to be
borne by the city, county, city and county, or fire protection
district, but the department need not assess such fees and may not
require the city, county, city and county, or fire protection
district to assess fees to offset department costs.
SEC. 9. Section 17958 of the Health and Safety Code is amended to
read:
17958. Except as provided in Sections 17958.8 and 17958.9, any
city or county may make changes in the provisions adopted pursuant to
Section 17922 and published in the California Building Standards
Code or the other regulations thereafter adopted pursuant to Section
17922 to amend, add, or repeal ordinances or regulations which impose
the same requirements as are contained in the provisions adopted
pursuant to Section 17922 and published in the California Building
Standards Code or the other regulations adopted pursuant to Section
17922 or make changes or modifications in those requirements upon
express findings pursuant to Sections 17958.5 and 17958.7. If any
city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or
modifications in those requirements upon express findings, the
provisions published in the California Building Standards Code or the
other regulations promulgated pursuant to Section 17922 shall be
applicable to it and shall become effective 180 days after
publication by the California Building Standards Commission.
Amendments, additions, and deletions to the California Building
Standards Code adopted by a city or county pursuant to Section
17958.7, together with all applicable portions of the California
Building Standards Code, shall become effective 180 days after
publication of the California Building Standards Code by the
California Building Standards Commission.
SEC. 10. Section 17958.1 of the Health and Safety Code is amended
to read:
17958.1. Notwithstanding Sections 17922, 17958, and 17958.5, a
city or county may, by ordinance, permit efficiency units for
occupancy by no more than two persons which have a minimum floor area
of 150 square feet and which may also have partial kitchen or
bathroom facilities, as specified by the ordinance. In all other
respects, these efficiency units shall conform to minimum standards
for those occupancies otherwise made applicable pursuant to this
part.
"Efficiency unit," as used in this section, has the same meaning
specified in the Uniform Building Code of the International
Conference of Building Officials, as incorporated by reference in
Chapter 2-12 of Part 2 of Title 24 of the California Code of
Regulations.
SEC. 11. Section 17958.5 of the Health and Safety Code is amended
to read:
17958.5. Except as provided in Section 17922.6, in adopting the
ordinances or regulations pursuant to Section 17958, a city or county
may make such changes or modifications in the requirements contained
in the provisions published in the California Building Standards
Code and the other regulations adopted pursuant to Section 17922 as
it determines, pursuant to the provisions of Section 17958.7, are
reasonably necessary because of local climatic, geological, or
topographical conditions.
For purposes of this subdivision, a city and county may make
reasonably necessary modifications to the requirements, adopted
pursuant to Section 17922, contained in the provisions of the code
and regulations on the basis of local conditions.
SEC. 12. Section 17958.7 of the Health and Safety Code is amended
to read:
17958.7. (a) Except as provided in Section 17922.6, the governing
body of a city or county, before making any modifications or changes
pursuant to Section 17958.5, shall make an express finding that such
modifications or changes are reasonably necessary because of local
climatic, geological or topographical conditions. Such a finding
shall be available as a public record. A copy of those findings,
together with the modification or change expressly marked and
identified to which each finding refers, shall be filed with the
California Building Standards Commission. No modification or change
shall become effective or operative for any purpose until the finding
and the modification or change have been filed with the California
Building Standards Commission.
(b) The California Building Standards Commission may reject a
modification or change filed by the governing body of a city or
county if no finding was submitted.
SEC. 13. Section 18928 of the Health and Safety Code is amended to
read:
18928. (a) Each state agency adopting or proposing adoption of a
model code, national standard, or specification shall reference the
most recent edition of applicable model codes, national standards, or
specifications.
(b) Each state agency adopting or proposing adoption of a model
code, national standard, or specification shall adopt or propose
adoption of the most recent editions of the model codes, as amended
or proposed to be amended by the adopting agency, within one year
after the date of publication of the model codes, national standards,
or specifications. The "date of publication of a model code,
national standard, or specification" is either of the following:
(1) The date of publication printed in the model code, national
standard, or specification. If only a month and year are shown by
the model code, national standard, or specification adopting agency
or body, the date of publication shall be considered to be the last
day of the month shown.
(2) The date determined by the commission, if no publication date
is shown in the model code, national standard, or specification. The
commission shall notify all adopting agencies of its determination
within 15 days.
(c) If the adopting agencies fail to comply with subdivision (b),
the commission shall convene a committee to recommend to the
commission the adoption, amendment, or repeal, on the agencies'
behalf, of the most recent editions of the model codes, national
standards, or specifications and necessary state standards.
SEC. 14. Section 18941.7 of the Health and Safety Code is amended
to read:
18941.7. (a) The governing body of a city, county, city and
county, or a joint powers agency which has been authorized to adopt
and administer building and fire safety codes and standards may adopt
an ordinance that allows a building or other structure located on a
military base selected for closure by action of the federal Defense
Base Closure and Realignment Commission to comply with this part and
Division 12 (commencing with Section 13000), or any regulations or
standards promulgated pursuant to this part, in a graduated manner
over a period of no more than three years from the earlier of either
the date the property has been transferred by, or the date a lease is
entered into with, the federal government pursuant to paragraph (2),
if all of the following conditions are met:
(1) The use of the building or structure is not hazardous to life
safety, fire safety, health, or sanitation, as determined by the
local building official and fire marshal.
(2) The building or other structure has been transferred by the
federal government to the city, county, city and county,
redevelopment agency, joint powers agency, or reuse entity or is
under a lease between the city, county, city and county,
redevelopment agency, joint powers agency, or reuse entity and the
federal government.
(3) The governing body of the city, county, city and county, or a
joint powers agency which has been authorized to adopt and administer
building and fire safety codes and standards adopts a graduated
compliance plan which includes all of the following:
(A) Requirements for buildings and structures with:
(i) No change in occupancy or use with no anticipated alterations.
(ii) No change in occupancy or use with planned alterations.
(iii) Change in occupancy or use with no anticipated alterations.
(iv) Change in occupancy or use with planned alterations.
(B) Requirements for a building and structure compliance
inspection and a fire department inspection, and for preparation of
inspection reports, prior to issuing a certificate of occupancy.
(C) Requirements for the inspection reports prepared pursuant to
subparagraph (B) to be attached to the certificate of occupancy or
provided to the occupants of the building or other structure.
(D) Requirements for the terms and period of time for compliance
to be specified in the sublease.
(b) Nothing in this section affects the requirement of state
consent to retrocession pursuant to Section 113 of the Government
Code.
(c) This section shall be applicable to a building or other
structure for which the conditions in paragraphs (1), (2), and (3) of
subdivision (a) are met before January 1, 2000.
(d) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later-enacted
statute, that is enacted before January 1, 2003, deletes, or extends
that date.
SEC. 15. Section 18941.9 is added to the Health and Safety Code,
to read:
18941.9. (a) The governing body of a local agency may adopt an
ordinance that allows a building or other structure located on a
former military base to comply with this part and Division 12
(commencing with Section 13000), or to any regulations or standards
promulgated pursuant to this part, in a graduated manner over a
period of no more than seven years.
(b) This section shall apply only to those buildings and other
structures located on the following military bases or on specified
portions of former military bases that were selected for closure or
realigned by action of the federal Defense Base Closure and
Realignment Commission:
(1) At the former Castle Air Force Base, Building 1015 and
Building 1075.
(2) At the former Hamilton Air Force Base, approximately 38 acres,
commonly known as Planning Areas 6, 8, 9, and 10.
(3) The former Hunter's Point Naval Shipyard.
(4) The former Treasure Island Naval Station.
(5) The former San Diego Naval Training Center.
(6) At the Marine Corps Air Station-Tustin, approximately 100
acres, commonly known as Planning Areas 1, 2, 3, 6, 8, 9, 10, 16, and
17.
(7) At the Marine Corps Air Services-El Toro, Buildings 295, 296,
297, 313, 317, 318, 319, 360, 371, and 722.
(8) At the former Castle Air Force Base, Buildings 54, 175, 765,
871, 1015, 1200, 1212, 1213, 1319, 1320, 1322, 1324, 1332, 1333,
1335, 1340, 1509, 1535, 1540, and 1545.
(9) At the Oakland Army Base, Buildings 641, 645, 646, 655, 660,
701, 726, 738, 740, 780, 790, 792, 794, 796, 802, 803, 804, 805, 806,
807, 808, 821, 822, and 823.
(10) At the former Naval Air Station Alameda, Buildings 2, 3, 4,
5, 8, 16, 17, 18, and 94.
(11) At Point Molate Naval Fuel Depot, Buildings 1, 6, 17, 63, 76,
85, 87, 123, and 132.
(c) The period for graduated compliance shall begin with the
earlier of either the date the title to the property was transferred
by, or the date a lease is entered into with, the federal government
to the local agency.
(d) The authority for a local agency to adopt an ordinance
pursuant to this section is an alternative to the authority provided
by Section 18941.7, and shall not be used consecutively with Section
18941.7.
(e) An ordinance adopted by a local agency pursuant to subdivision
(a) shall not apply to a building or other structure that will be
used as a residence.
(f) Prior to the adoption of the ordinance pursuant to subdivision
(a), each of the following conditions shall be met:
(1) The use of the building or other structure is not hazardous to
life safety, fire safety, health, or sanitation, as determined by
the application of state and local building and fire codes and
standards by the local building official and fire marshal.
(2) The building or other structure has been transferred by the
federal government to the local agency or is under a lease between
the local agency and the federal government.
(3) The governing body of the local agency adopts a graduated
compliance plan which includes all of the following:
(A) Requirements for buildings and structures with:
(i) No change in occupancy or use with no anticipated alterations.
(ii) No change in occupancy or use with planned alterations.
(iii) Change in occupancy or use with no anticipated alterations.
(iv) Change in occupancy or use with planned alterations.
(B) Requirements for a building and structure compliance
inspection and a fire department inspection, and for preparation of
inspection reports, prior to issuing a certificate of occupancy.
(C) Requirements for the inspection reports prepared pursuant to
subparagraph (B) to be attached to the certificate of occupancy or
provided to the occupants of the building or other structure.
(D) Requirements for the terms and period of time for compliance
to be specified in the certificate of occupancy.
(E) Requirements that the alterations conform to the standards
that were in effect at the time of the alteration.
(g) (1) Before adopting the graduated compliance plan, the local
agency shall arrange for the review of the draft plan by an engineer,
architect, or building inspector. The engineer or architect shall
be licensed by the State of California, and the building inspector
shall be certified by the International Conference of Building
Officials or another similar recognized state, national, or
international association. The engineer, architect, or building
inspector shall not be an
employee of the local agency.
(2) The engineer, architect, or building inspector shall review
the draft plan for its consistency with the requirements of this
section, and report his or her written findings and recommendations
to the local agency. If the engineer, architect, or building
inspector finds that the draft plan is not consistent with the
requirements of this section, the engineer, architect, or building
inspector shall recommend changes to the draft plan to achieve
consistency.
(3) The local agency shall consider the findings and
recommendations of the engineer, architect, or building inspector.
If the engineer, architect, or building inspector finds that the
draft plan is not consistent with the requirements of this section,
the local agency shall take one of the following actions:
(A) Change the draft plan to be consistent with the requirements
of this section, as recommended by the engineer, architect, or
building inspector.
(B) Adopt the draft plan with some of the recommended changes or
without changes, provided that the local agency makes written
findings that explain the reasons why the local agency believes that
the draft plan, as adopted, is consistent with the requirements of
this section despite the findings and recommendations of the
engineer, architect, or building inspector which were not adopted by
the local agency.
(4) The local agency shall file a copy of the approved graduated
compliance plan with the California Building Standards Commission.
(h) (1) Five years after the beginning of the period for graduated
compliance specified in subdivision (b), the local agency shall
arrange for an engineer, architect, or building inspector to
determine whether the buildings or other structures adhere to the
graduated compliance plan. The engineer or architect shall be
licensed by the State of California and the building inspector shall
be certified by the International Conference of Building Officials or
another similar recognized state, national, or international
association. The engineer, architect, or building inspector shall
not be an employee of the local agency.
(2) If the engineer, architect, or building inspector determines
that the building or other structure does not adhere to the graduated
compliance plan, the local building official shall initiate
appropriate proceedings to withdraw the certificate of occupancy for
that building or structure.
(i) Nothing in this section affects the requirement of state
consent to retrocession pursuant to Section 113 of the Government
Code.
(j) As used in this section, "local agency" means a city, county,
or city and county. When authorized by state law or local ordinance
to adopt and administer building and fire safety codes and standards,
a community redevelopment agency, a reuse entity, or a joint powers
agency may also be a "local agency" for the purposes of this section.
(k) This section shall be applicable to a building or other
structure for which a local agency adopts a graduated compliance plan
before January 1, 2000.
(l) Any taxpayer, property owner, resident, or public agency has
standing to enforce the provisions of this section.
(m) Nothing in this section shall affect local, state, or federal
laws as they relate to access to the disabled.
(n) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 16. The Legislature finds and declares that a general
statute, within the meaning of Section 16 of Article IV of the
California Constitution, cannot be made applicable to the unique
problems found at the former military bases affected by Section 15 of
this act, and that, therefore, this act is necessary.
SEC. 17. This act shall only become operative if AB 125 of the
1997-98 Regular Session is enacted, and becomes operative, on or
before January 1, 1998.