BILL ANALYSIS
AB 1693
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Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1693 (Ma) - As Introduced: January 28, 2010
SUBJECT : Building standards: code adoption cycle.
SUMMARY : Extends the California Building Standards Code (Code)
adoption cycle to 18 months.
EXISTING LAW :
1)Requires the California Building Standards Commission (CBSC)
to publish, or cause to be published, entire editions of the
Code once every three years, and supplements in the
intervening years, as necessary.
2)Requires CBSC to receive building standard proposals from
state agencies for adoption into the Code on an annual basis.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "In 1992, the
State required the CBSC and other state agencies to develop,
adopt, and publish an updated version of the Code in an annual
12-month administrative cycle. Consisting of over 6,000 pages
of technical specifications, engineering tables, formulas,
compliance structures, and other mandates, the Code has become
increasingly complicated in nature, requiring a large amount of
staff time to write and analyze the changes and regulations,
most of which are technical in nature.
"The growing feat of completing the Code has become more and
more demanding for state agencies to complete within a 12-month
window. The short timeframe makes it difficult for the State to
incorporate public input and provide thorough education and
training for builders, architects, and building officials. With
recent budget cuts to state departments and the [current] fiscal
situation, the constraining 12-month window makes it
increasingly difficult for agencies to comply [with existing
law] and as a result, may make the State vulnerable to
liability."
AB 1693
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Background . CBSC was established in 1953 and is responsible for
administering California's building codes, which includes
adopting, approving, publishing, and implementing the codes and
standards. CBSC publishes the Code every three years, and its
supplements, such as the California Green Building Standards
Code, in intervening years.
The sponsors claim the annual administrative process was adopted
in 1992 to manage the Code's production and simplify how
agencies amend the building code standards; instead of agencies
being able to adopt regulations year-round, agencies were
allowed to adopt regulations once a year. This made it easier
for participating agencies and stakeholders to monitor
regulatory changes. However, due to recent changes, including
the significant increase in the regulatory volume, and the
addition of the International Regulation Code and green building
codes, CBSC staff has been physically unable to keep pace with
the annual updates.
Out of growing concern for potential legal ramifications for
failure to meet the annual deadlines, the sponsors suggest
extending the update cycle by an additional six months. Since
the Code takes effect 180 days following publication, changing
the frequency of the supplements will impact when the
regulations take effect. The sponsors contend that this
extension will enable participating agencies and stakeholders to
have more time to thoroughly read and review proposed regulatory
changes, and will reduce the number of supplements that the
industry and agencies must purchase to maintain a current
printed copy of the Code.
Support . According to the sponsor, the California Building
Industry Association, "California's Health & Safety Code
requires the CBSC and numerous other state agencies to develop,
adopt and publish updated building standards in an annual,
12-month administrative cycle. This bill will increase the time
agencies have to produce such updates to 18 months.
"Aside from providing more time for agencies to do their
technical and procedural work, AB 1693 allows for more involved
public comment, and will have an added benefit in assuring more
time for training and education of those involved in the process
(builders, subcontractors, architects, local planning desks,
etc.), which will ultimately result in higher compliance.
AB 1693
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Emergency building standards are exempt from this measure and
can be adopted as merited."
Prior Legislation .
AB 3515 (Lancaster), Chapter 897, Statutes of 1992, required
CBSC to receive building standard proposals from state agencies
for consideration in an annual code adoption cycle. Required
CBSC to develop regulations setting forth the procedures for the
annual adoption cycle.
AB 3372 (Ducheny), Chapter 384, Statutes of 1996, authorized
CBSC to adopt amendments to the Code if the amendments were
substantially similar to the existing emergency model code
amendments.
REGISTERED SUPPORT / OPPOSITION :
Support
California Building Industry Association (CBIA) (sponsor)
American Council of Engineering Companies California (ACEC CA)
American Forest & Paper Association
American Institute of Architects (AIA), California Council
Building Owners and Managers Association of California (BOMA
California)
California Apartment Association (CAA)
California Building Officials (CALBO)
California Business Properties Association (CBPA)
California Chamber of Commerce (CalChamber)
California Forestry Association (CFA)
California State Council of Carpenters
California State Council of Laborers
California Manufacturers & Technology Association (CMTA)
California State Pipe Trades Council
Fire Vent Safety Association
International Council of Shopping Centers (ICSC)
National Association of Industrial and Office Properties (NAIOP)
of California, Commercial Real Estate Development
Association
Plumbing-Heating-Cooling Contractors of California (PHCC)
Western Wood Preservers Institute
Opposition
AB 1693
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None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301