California Department of General Services sent this bulletin at 10/29/2021 08:43 AM PDT
August 2018
Welcome to the summer edition of CALCode Quarterly, an electronic newsletter for CBSC's interested parties.
Included in this issue:
Executive Director's Message
Commission Meeting News
Code Adoption Process
Staff Spotlight
CALCode Quiz
And more...
Executive Director's Message Welcome to our new CALCode Quarterly! We hope you enjoy the new format of the California Building Standards Commission (CBSC) newsletter and encourage you to take our survey at the end to tell us about content you’d like to see in the future.
California is again being subjected to severe wildfires this summer and our thoughts go out to the affected families, businesses and emergency response personnel. As a result of last year’s wildfires and to combat dangerous tree mortality, Governor Edmund G. Brown Jr. issued Executive Order (EO) B-52-18in May. The order directs state agencies to develop programs to improve forest management and restoration, provide regulatory relief for timber harvesting, increase opportunities for prescribed burning, and support wood products innovation programs. We understand there is a long road ahead to rebuild homes and communities, and CBSC staff is available to assist local jurisdictions with building standards code inquires. Also, in April CBSC approved emergency regulations proposed by the Department of Housing and Community Development, HCD EF 01/18, which provide minimum standards by which local agencies may develop emergency housing or shelter ordinances. Local jurisdictions may find these regulations beneficial during this time of recovery.
CBSC is more than halfway through our six scheduled Code Advisory Committee (CAC) meetings, during which state agencies receive valuable input on their proposed code changes for the 2019 edition of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). The state agencies will consider the CAC recommendations and update their rulemaking packages for public comment periods that begin in September. So, keep an eye on your inbox for notices announcing the public comment periods. The notices and all pertinent documents will be posted on our website under the Rulemaking tab, 18-month Code Adoption Cycle, 2018 Triennial Code Adoption Cycle under45-day and 15-day Public Comment Periods. For additional information regarding our CACs, please take a few minutes and read our Spring 2018 CALCode Quartlery Newsletter, and/or visit our About Uswebpage.
For more information about the public comment phase, please read the feature article below. It contains links to our publications that provide in-depth explanations about the Title 24 rulemaking process, including how to make a compelling public comment.
We often hear positive feedback from callers who are pleased to speak with an actual person when calling our main phone line. CBSC is happy to provide this service and our knowledgeable staff not only take calls about Title 24 code questions, they also respond to inquiries received via email at cbsc@dgs.ca.gov. We provide guidance on nonresidential CALGreen regulations, and we can refer callers to the appropriate state agency or local enforcement jurisdiction. Additionally, CBSC staff shepherd each building standard rulemaking package through all of the stages required to make proposals and adoptions into building standard regulations. Right now, staff is reviewing state agency rulemaking packages for compliance with California Building Standards Law, the Administrative Procedure Act (APA) and applicable administrative rulemaking provisions. You can read more about our very capable technical staff members below in the Staff Spotlight.
Our Education and Outreach team is very busy filming for our new educational videos that we plan to make available on our website by the end of 2018. The videos will provide an overview of CBSC, the building standards rulemaking process, and Title 24. Going forward, CBSC will solicit its interested parties for potential video topics. And, in addition to this new CALCode Quarterly format, in the near future CBSC’s website will also be undergoing a transformation to a new platform that will modernize the functions and appearance of the site. We will keep you updated via an Information Bulletin when the website launch is imminent.
Thanks for reading CALCode Quarterly. In the fall, we will continue with our code adoption process educational articles and introduce you to more staff members. As always, feel free to contact us at cbsc@dgs.ca.govif you have questions about Title 24 or the rulemaking process.
CBSC Technical Staff. From left to right: Gary Fabian, Enrique Rodriguez, Michael Nearman (Deputy Executive Director, standing), Kevin Day, Timothy O'Malley, Brandon Estes.
Staff Spotlight The California Building Standards Commission (CBSC) is currently in the 2018 Triennial Code Adoption Cycle, which will produce the 2019 California Building Standards Code, Title 24, that will go into effect on January 1, 2020. The staff of CBSC administers the code adoption, codification and publication process for Title 24, and our technical staff members (led by Deputy Executive Director Michael Nearman) are heavily involved each step of the way. Last winter we introduced you to two key members of this team – Gary Fabian and Kevin Day. Today, let’s meet the rest of the crew…
Enrique Rodriguez is an Associate Construction Analyst who has been with CBSC since 2009, and with the Department of General Services (DGS) since 1998. He says his favorite part about working at CBSC is “working with great, knowledgeable and friendly co-workers.” His work has consistently focused on sustainability and green design, and he played an integral role in the initial development of CALGreen, which is the first-in-the-nation Green Building Standards Code (Part 11 of Title 24). As a subject matter expert in architecture and sustainable building codes, Enrique continues to work on improvements and amendments to CALGreen, in addition to providing training to code users and presenting at industry events. Following his design work in the architectural department of DGS, he wanted to join CBSC to “experience code writing instead of just code analysis.” Enrique is able to help you with questions regarding the measures in CALGreen. When away from the office, Enrique can usually be found on the soccer field – playing and coaching. He recently coached a U-11 (under 11-years-old) boys’ soccer team to two consecutive NORCAL state cups. He and his family live in El Dorado county.
Brandon Estes is CBSC’s other Associate Construction Analyst and he has been with CBSC since 2016. Prior to that, he was with the California Commission on Disability Access and the Division of State Architect, both valuable experiences that give him a unique expertise in accessible design and construction. His familiarity with Title 24 – and a master’s degree in public administration with a focus on regional planning – drew him to CBSC. He states, “I like the work we do and the product of our efforts. It’s a unique blend of architecture and philosophy, married with regulatory and legislative affairs. Our mandate is challenging, our team is great and the office culture is outstanding.”
Brandon’s past experience includes master planning for construction projects in South America and the Middle East. As his knowledge of the field expanded, he learned that what he really wanted was to “fuse architecture with government and serve the people of California. CBSC is a nexus of architecture and public policy,” he says, “so here I am.” A California native, Brandon is happy to be of service to his home state, working on code adoptions and amendments, and answering code users who have questions about everything from plumbing to tall wood buildings. In addition to his dedication to CBSC, Brandon is studying to earn his architectural license by mid-2019.
Timothy O’Malley joined CBSC as an Architectural Associate in May of this year. He rounds out our technical staff with seven years of state service and 16 years of private sector experience in design and construction fields. He holds an associate degree in construction management and architectural drafting. As a new member of the team, he has begun working on rulemaking packages under the guidance of other technical staff, learning the processes and procedures by which proposals and statutes become building standards. When he’s not at the office, he can be found with a fishing pole in hand or doing home improvements. For details about the code cycle activities managed by our technical staff, take a look at our articles about the adoption process in this and the last two issues of CALCode Quarterly.
The Code Adoption Process - Public Comment Periods The California Building Standards Commission (CBSC) is currently administering the 2018 Triennial Code Adoption Cycle, which will result in the publication of the 2019 California Building Standards Code (Title 24) that will go into effect on January 1, 2020. California laws require state agencies to involve the public in the process of developing proposed building standards. The entire process is called rulemaking, and public participation is an integral step in the rulemaking process.
In the spring issue of CALCode Quarterly, we explained the Code Advisory Committee (CAC) process relative to state proposing agencies. You can read that article here.
The next step in rulemaking is the Public Comment Period.
After the proposing agencies’ initial submittal documents – the Initial Express Terms and Initial Statement of Reasons (ISOR) – are vetted by the appropriate CAC, the proposing agencies can make changes that resulted from the CAC’s recommendations. The proposing agencies then submit their revised documents – the 45-day Express Terms and revised ISOR, along with all other necessary rulemaking documents – to CBSC. It is CBSC’s responsibility to present the state agencies’ Notices of Proposed Action (NOPA) to the Office of Administrative Law (OAL) for publication in the California Regulatory Notice Register published every Friday and posted to OAL’s website: www.oal.ca.gov. The California Regulatory Notice Register contains notices of all proposed regulatory actions by state agencies wishing to adopt, amend, or repeal regulations contained in all 28 titles of the California Code of Regulations.
CBSC and the state agencies involved in the Title 24 rulemaking process post the NOPAs on their respective websites for public review, and send email notifications to those who have signed up for their particular mailing list. In addition to sending notifications and posting its own actions, CBSC notices and posts all agencies’ NOPAs for Title 24 on its website: www.bsc.ca.gov. This helps ensure that individuals and state government representatives who are interested in the subject matter of the proposed building standards have an opportunity to participate in the process. This public notice action is required by state law and is further clarified and made specific by regulations in the California Code of Regulations, Title 24, Part 1, Chapter 1.
NOPAs must include information regarding how to obtain the rulemaking documents, the date, time and location of any public hearings, dates for the public comment periods and how the public may provide input. The public may comment on the proposed building standards by providing oral testimony at a public hearing, if one is provided, or by submitting written comment during public comment periods, or both. A form prepared by CBSC to standardize written public comments is made available with each posting of proposed building standards on CBSC’s website. Members of the public who wish to make a public comment, either by submitting a form or appearing at a public meeting, should thoroughly review our publication titled A Public Guide to the Building Standards Adoption Process, paying particular attention to the section “How to Make a Compelling Comment.”
Initial public comment periods last for a minimum of 45 days. After the 45 days have expired and any public hearings have been conducted, the state agency may amend the 45-day proposed building standard language based on public comment. When an amendment to the proposed building standard language is substantial in nature, the change must be made available to the public for another minimum of 45 days. However, if the amendment is nonsubstantial to the original content, or solely grammatical in nature, the amended regulatory language is made available to the public for a minimum of 15 days for comment. A nonsubstantial amendment is a change that clarifies without materially altering the requirements, rights, responsibilities, conditions or prescriptions contained in the original text. The necessity of a third 45-day comment period, or multiple 15-day public comment periods, is rare.
The timing of comment periods is critical, because rulemakings must be complete and ready to be reviewed by the commissioners well in advance of a commission meeting at which the building standards will be formally presented to the commissioners by state adopting and proposing agencies for approval and adoption. This is part of the reason why code adoption cycles take 18 months to complete.
After all of the public comments have been received, considered and either incorporated into the proposed building standard or (with explanation) not agreed to, each proposing agency prepares its final rulemaking documents for submission to CBSC. The final rulemakings are then collectively prepared by CBSC staff for review and consideration by the commissioners at a public meeting. The documents in the final rulemaking package include the Final Express Terms, Final Statement of Reasons, Informative Digest, Nine-Point Criteria Analysis (which includes approval from the State Fire Marshal for building standards promoting fire and panic safety), Certification of Close and Complete of the rulemaking file, and a number of other required rulemaking documents. Please refer to our publication,Guide for Creating Proposed Building Standards, for a complete list of final submittal documents. This guide is intended for use by state agencies that propose building standards, but others may find it interesting as well.
Our next issue of CALCode Quarterly will outline what happens at the public commission meeting and after the commission has approved and adopted building standards to be included in Title 24.
Commission Meeting Update July 17, 2018, Sacramento, Ca The CBSC meets quarterly and at its July 17, 2018 meeting, one order of business was to reconstitute members of the commission’s two standing subcommittees – the Code Adoption Committee and the Appeals Committee. The commission appointed Commissioner Steven Winkel to the Code Adoption Committee and named Commissioner Rajesh Patel as chair of the committee. No changes were made to the Appeals Committee. Commission and committee members can be viewed at our About Uswebpage.
Principal Architect Ida Clair of the Division of the State Architect (DSA) presented information regarding the Access Code Collaborative(ACC). DSA established the ACC – a diverse, representative group – to provide input and feedback to DSA on proposed amendments to California Building Code (CBC) Chapter 11B regulations affecting individuals with disabilities. The commission praised Ms. Clair’s report, noting that the work of the collaborative is very valuable to the commission because they feel assured the proposed regulations have been thoroughly vetted.
The Department of Housing and Community Development (HCD) presented a request for 90-day readoption of its emergency rulemaking, HCD EF 01/18, developed in response to AB 932, Ting, Shelter crisis: homeless shelters. Due to the timing of the initial emergency adoption, certifying rulemaking activities and commission meetings, HCD needed to request a 90-day effective date extension in order to complete the certifying rulemaking process to make the regulations permanent. The commission unanimously approved the effective date extension request and we anticipate the commission will take final action on the rulemaking at its next regularly scheduled commission meeting. Please visit our Certifying Rulemakings page for all of the relevant information and documents, including notices for a 45-day public comment period being conducted July 13 to August 27, 2018, and a public hearing on August 16.
Executive Director Mia Marvelli presented an overview of current commission business and developments, highlighting staff activities in relation to the current code adoption cycle, as well as education and outreach.
Deputy Executive Director Michael Nearman presented the draft strategic plan for CBSC for the next three years. This strategic plan will position the commission to operate an open and integrated regulatory process and to produce an easily usable, well-formatted set of building standards devoid of errors and omissions, providing the high-quality building standards needed in this state to maintain a safe built environment. The commission unanimously approved the motion to accept this strategic plan.
Meeting minutes will be posted to the CBSC Meetings calendar webpage once the commission reviews and approves them, tentatively scheduled to occur at the October 16, 2018 commission meeting.
CBSC staff will be gearing up for training and education sessions in anticipation of the July 1, 2019 publication of the next edition of Title 24 that will go into effect January 1, 2020. CBSC training and education focuses on non-residential CALGreen (Title 24, Part 11) building code changes, how to use and maintain your Title 24 code books, and California building code rulemaking fundamentals. If your group of 50 or more would like in-person training, please contact us atcbsc@dgs.ca.gov. If your group is fewer than 50, perhaps consider joining with others of similar interests, or invite us to your quarterly or annual meetings. We also offer web training sessions to groups of any size.
SVABO – Citrus Heights – May 8 In advance of the July 1, 2018 effective date, Title 24 supplement code updates were presented to the Sacramento Valley Association of Building Officials (SVABO) by CBSC representatives Enrique Rodriguez and Gary Fabian, and three other state departments: Housing and Community Development, CAL FIRE and the Division of the State Architect. Attendees included building officials, inspectors, plan examiners and engineers. Students who attended this all-day event earned continuing education units for their respective certifications.
ICC Regional Meeting – Monterey Park – May 10
Executive Director Mia Marvelli spoke at the International Code Council’s (ICC) Los Angeles Basin chapter meeting which was attended by many members of CALBO (California Building Officials) in Monterey Park, California. Her presentation was about Understanding the Regulatory Process, the 2018 Triennial Code Adoption Process, a change without regulatory effect in response to the Swimming Pool Safety Actand SB 442 (Chapter 670, Statutes of 2017) and ICC’sBuilding Safety Monthpromotion.
PHCC – Sacramento – May 18 CBSC Associate Architect Gary Fabian and California Energy Commission (CEC) Supervisor of Education and Outreach Chris Olvera manned the expo table at the Plumbing, Heating and Cooling Contractors (PHCC) of CaliforniaTrade Show Luncheon in Sacramento at the Hyatt Regency. This expo took place during lunch on the last day of PHCC’s annual convention. Each exhibitor was given two minutes onstage to provide a quick overview to a crowd that consisted of tradespeople and association leadership. Gary and Chris spoke about how knowledge of Title 24 codes is important in the trades, and informed attendees that educational opportunities are available from both CBSC and CEC.
ICC Tri-chapters – Santa Cruz – June 1 Executive Director Mia Marvelli attended the International Code Council’s (ICC) Tri-Chapter Annual Business Meeting and gave a presentation about the current code adoption cycle, the difference between proposing and adopting state agencies, and legislation that is currently being monitored by CBSC. Attendees included representatives from the East Bay, Monterey and Peninsula chapters of ICC.
Lights – Camera – Action! We are very excited to announce that we are in production to create video modules that will allow you to learn more about the California Building Standards Commission, the rulemaking process and Title 24. Our goal is to have these posted for you to view before the end of the year!
Public meetings for the purpose of considering proposed building standards, and to approve adopted building standards, are conducted by the California Building Standards Commission. Public meetings to consider adoption of standards that may be published in Part 6 of Title 24 will be conducted under specific authority granted to:
The California Building Standards Commission
The California Legislature
The California Energy Commission
Each city and county government
The State Lands Commission
State laws establishing the processes of development and adoption of building standards for publication in Title 24, California Code of Regulations, are designed to:
Ensure the opportunity for public participation
Streamline the work of the state agencies to save money
Simplify the standards and lower construction costs
Make sure all codes are the same
All of the above
The language of proposed building standards will be made available to the public in a rulemaking document identified as the:
Initial Statement of Reasons (ISOR)
Notice of Proposed Action (NOPA)
Nine-point Criteria Analysis
Express Terms (ET)
Notice Review Checklist
Rulemaking documents relating to proposed building standards, scheduled meetings with webcast viewing information, and a timeline for the 2018 Triennial Code Adoption Cycle are available from:
The California Building Standards Commission websitewww.bsc.ca.gov
Any state adopting or proposing agency
City and county building departments
The development of building standards prior to and during a rulemaking cycle affords numerous opportunities for public participation with state proposing agencies. Which of the following provides this opportunity?
