In This Issue:
2014 Legislative bills
Expanding the BSC Application
Intervening code adoption cycle activites
New Guidebook from Commission
July 1, 2014: Effective date of the 2013 editions of the California Energy Code in Part 6 of Title 24, Chapter 10 in Part 1 of Title 24 and related provisions in the California Green Building Standards Code (Part 11 of Title 24).
July 15-17, 2014: CALBO's 2014 Mini Education Week in Modesto.
July 22, 2014: California Building Standards Commission public meeting. Some 2013 Intervening Code Adoption Cycle proposals may be considered for adoption. Meetings are generally webcasted so you may watch from your desk. Check the CBSC website for agenda and webcast information.
July 31, 2014: California Construction Expo at the Long Beach Convention Center.
Sept 8-11, 2014: CALBO's 2014 Education Week in San Ramon.
Sept 10, 2014: Last day to register for the DSA-administered Certified Access Specialist program examination to be held on Oct 8, 2014. Details at the DSA website.
Sept 21-24, 2014: County Building Officials Association of California's Annual Business Meeting in Santa Barbara.
Did You Know?
CBSC Can Create Building Standards
Did you know the California Building Standards Commission (CBSC) has authority to create building standards? It is commonly understood that the CBSC has authority to adopt and publish building standards developed by state agencies such as the Division of the State Fire Marshal, Department of Housing and Community Development, Office of the State Architect, and others. You may not be aware that state law requires the CBSC to create building standards on its own for various applications. The published building standards within Title 24, California Code of Regulations that were created by the CBSC, and model code provisions adopted by the CBSC, are identified in the matrix adoption tables under the BSC acronym. Here is a brief listing of the standards required to be adopted by the CBSC.
- Standards for state buildings, including buildings of the California State University and University of California, for systems and features not covered by standards adopted by other state agency, such as DSA, CEC and SFM.
- Standards for lighting for parking lots and primary campus walkways at the University of California, California State Universities and California Community Colleges.
- Building seismic retrofit standards and seismic strengthening standards for specific buildings specified in Appendix Chapter A1 of Part 10 of Title 24, California Existing Building Code.
- Standards for building occupancies, or building features, such as the structural system, plumbing system, and other features, systems, equipment and devices, that are not subject to adoptions by any other state agency.
- Green building standards for buildings not specifically subject to green building standards adopted by other state agencies with such authority.
- Standards for public restroom facilities at all state-owned or state-occupied facilities where the public congregates, when no other state agency has the authority to do so.
In recent years, the legislature has expanded the CBSC responsibility to create building standards.
- Health and Safety Code Section 18941.10 enacted by Assembly Bill No. 1092 (Chapter 410, Statutes of 2013) requires the CBSC to adopt mandatory standards in the 2016 triennial edition of the Title 24 for the installation of electric vehicle charging infrastructure for parking spaces in nonresidential developments.
- Health and Safety Code 18934.9, enacted by AB 2030 (Chapter 370 of the 2012 Statutes) requires the CBSC to create building standards in the 2016 edition of Title 24 that require press boxes to be located on a route that is accessible to persons with disabilities.
- Health and Safety Code Section 18941.9, enacted by AB 296 (Chapter 667 of the 2012 Statutes) requires the CBSC to consider incorporating a cool pavement standard to be developed by the Department of Transportation into Part 11 of Title 24, the California Green Building Standards Code.
If either Senate Bill 1350 or 1358 is passed this year as currently written the CBSC will be required to create building standards in the 2016 edition of Title 24, for the mandatory installation of baby diaper changing accommodations in newly constructed or renovated restroom facilities in places of public accommodation.
There are other examples, but the point is that we need to be aware of what seems to be an ever increasing application of the BSC adoptions in Title 24. Application and scope information is provided in Section 1.2 of the Chapter 1, California Building Code, (Part 2, Title 24, California Code of Regulations). There is similar application and scope information in the other Parts of Title 24.
What's Up with the State?
- The California Building Standards Commission (CBSC) continues to administer the 2013 Intervening Code Adoption Cycle. The proposals have been made available during public comment periods with the last closing on June 26, 2014. At the July 22, 2014, public hearing, the CBSC will consider adoption of proposals. The agenda is available at the CBSC website. All the rulemaking documents and related information are available at the CBSC website. Adoptions will be published as supplements on blue colored pages and scheduled to be effective on July 1, 2015.
- The California Building Standards Commission recently issued the 2014 Summer edition of the CAL Code Quarterly, an online newsletter. It includes information about the current CBSC activities, events and a quiz about commissioning of new buildings.
- The California Building Standards Commission has a new Guide for Local Amendments and Filings of Building Standards. It is available at no charge at this CBSC webpage.
- In June 2014, the California Building Standards Commission issued two Information Bulletins: #14-04 regarding the application of 2013 California Electrical Code Section 690.10(E) Utility-Interactive Systems and Information Bulletin #14-05 regarding the July 1, 2014 effective date of delayed energy provisions of the 2013 California Building Standards Code, Title 24, California Code of Regulations.
- The Office of the State Fire Marshal took emergency rulemaking action to set aside the January 1, 2014, effective date for standards applying to roof mounted photovoltaic panels/modules. On April 23, 2014, the California Building Standards Commission approved the delay and set a new effective date of January 1, 2015. The delayed provisions are in the 2013 California Building Code (Part 2 of Title 24) and the 2013 California Residential Code (Part 2.5 of Title 24).
Read the details in Information Bulletin #14-002 Addendum, dated April 29, 2014.
A previous Information Bulletin recommended that local enforcement agencies accept photovoltaic equipment listed to a previous standard. The cause for this emergency rulemaking and delay was an insufficient supply of tested and listed photovoltaic (PV) panels/modules systems meeting the newest standards.
- The Division of the State Architect has overhauled its webpage for the Certified Access Special program.
Other News & Things to Remember
- Enforcement actions by the U.S Department of Justice Civil Rights Division and their other activities and information relating to the Americans with Disabilities Act may be read at ADA.gov.
- The California law requiring local building departments to employ or retain the services of a Certified Access Specialist is California Civil Code Section 55.53 (d) (2) which reads:
“Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists."
Legislation of Interest to Building Departments
By this time in the legislative process most bills have been amended, some numerous times. Amendments can change the intent of a bill and eliminate our interest. Other bills not previously watched have gained our interest because of amendments. The following bills, many substantially amended from their original text, will impact building requirements, the codes, and local building departments if passed this year.
AB 1918 proposes to require the California Energy Commission to establish a program to assist local governments to reduce barriers to, and increase compliance with, the permitting process for heating and cooling equipment. The program is to also increase compliance with Title 24 provisions applicable to heating and cooling equipment.
AB 2181 proposes to authorize each city, county, or city and county, to require that owners of soft story and concrete residential buildings that were constructed prior to ductility standards, conduct an evaluation of such buildings for potential seismic hazard. The bill would require the seismic retrofit of those buildings identified as potentially hazardous.
AB 2188 proposes to require local government to adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems, on or before September 30, 2015. The bill would additionally require inspection of a small residential rooftop solar energy system eligible for expedited review, in a timely manner.
AB 2192 proposes to establish a 5-year pilot project in 3 unspecified local agencies that would permit a building department to create and implement a program whereby a building permit may be issued upon submission of plans prepared by an architect and reviewed by another unaffiliated architect, for specified types of projects.
AB 2282 proposes to require the Department of Housing and Community Development (HCD) and the California Building Standards Commission, in consultation with the Department of Water Resources and Department of Public Health, to conduct research and develop mandatory building standards for recycled-water infrastructure.
AB 2386 proposes to require community care facilities, residential care facilities for the elderly or persons with chronic life-threatening illnesses, to have one or more functioning carbon monoxide detectors meeting specified requirements.
AB 2753 proposes to extend to January 1, 2017, the deadline for the owners of existing hotel and motel dwelling units to install carbon monoxide detectors. This bill would extend to July 1, 2015, the deadline for the Department of Housing and Community Development to submit building standards for the installation of carbon monoxide detectors in hotel and motel dwelling units.
SB 1350 and SB 1358 proposed to require the Building Standards Commission to adopt mandatory building standards in the 2016 edition of Title 24, for the installation of baby diaper changing accommodations in new or renovated restrooms of places of public accommodation. The standards will apply to a renovated restroom when a building permit is required and the value of the renovation exceeds $10,000.
SB 2644 proposes to require the Building Standards Commission to adopt building standards requiring waste receptacles for each toilet provided according to existing building standards at places where the public congregates.
The following bills should be watched for amendments that may have greater impact.
AB 2270 regarding CBSC advisory committees.
AB 2285 regarding the definitions within the State Housing Law.
SB 750 requiring water purveyors to meter each dwelling unit of a multi-dwelling structure.
SB 1167 regarding abatement orders for infestations.
SB 1885 relating to building accessibility complaints.
Our descriptions are abbreviated, so access the bills at the Legislature's website.