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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

91

Introduced by Assembly Members Schultz, Hadwick, and Wicks

January 23, 2025

An act to amend Sections 17958.12, 18931, 18945, and 18948.1 of the Health and Safety Code, relating to building standards.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law authorizes any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard to appeal the issue for resolution to the California Building Standards Commission. Existing law authorizes any local agency having authority to enforce a state building standard and any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of that agency respecting that building standard to appeal to the commission, provided that both wish to appeal the issue for resolution to the commission. Existing law authorizes the commission to accept those appeals only if the commission determines that the issues involved in the appeal have statewide significance.

This bill would revise and recast those provisions to expand the reasons for which a person can appeal to the commission to include, among other things, a request for approval to use an alternate material. The bill would modify the conditions under which the commission may accept an appeal by removing the requirement that both the local agency and the adversely affected person wish to appeal the issue, and by requiring that certain issues appealed have both statewide significance and that the person seeking the appeal has exhausted all local appeals procedures before appealing to the commission, subject to a certain exception. The bill would require the commission to review those appealed issues with specified stakeholders. The bill would additionally authorize any person to request a code interpretation from the commission relative to the intent of any regulation or provision adopted by the commission. The bill would require the commission to post, on its internet website and in a searchable format, decisions on appeals and code interpretations that it issues.

(2) Existing law requires a local enforcement agency’s written rules and regulations that clarify the application of the California Building Standards Code to be made available to the public upon request.

This bill would, instead, require those written rules and regulations to be posted on the agency’s internet website in a manner that clearly identifies the rules or regulations as a local interpretation or policy and links those rules or regulations, where applicable, to the related local amendments and express findings.

(3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(4) By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) The acute and persistent shortage of attainable housing in California constitutes a crisis of statewide concern that threatens the health, safety, and welfare of all Californians, requires immediate action to increase housing supply, and overrides local interests in municipal affairs where state intervention is necessary to achieve uniformity, consistency, and predictability in building standards administration.

(b) This act establishes transparency requirements for local code amendments and interpretations that can support statewide predictability without infringing on core local enforcement discretion.

(c) Nothing in this act eliminates the authority of local agencies, including charter cities, to adopt more restrictive building standards where supported by express findings of local climatic, geological, or topographical necessity pursuant to Section 17958.5, 17958.7, or 18941.5 of the Health and Safety Code, nor does it prevent case-by-case alternative materials approvals under applicable code provisions.

(d) This act addresses the statewide housing crisis as recognized by California courts, which have consistently held that state housing laws prevail over municipal affairs where necessary to facilitate housing production and overcome local barriers.

(e) Therefore, the Legislature further finds and declares that Sections 2, 3, 4, and 5 of this act, amending Sections 17958.12, 18931, 18945, and 18948.1 of the Health and Safety Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, 5, 6, 7, 8, and 9 of this act apply to all cities, including charter cities.

SEC. 2.

Section 17958.12 of the Health and Safety Code is amended to read:

17958.12.

(a) The Legislature hereby finds and declares the following:

(1) Building officials, pursuant to this code and the California Building Standards Code, have broad authority as part of their enforcement authority to render reasonable interpretations of the code and to adopt policies and procedures to clarify the application of its provisions.

(2) A building official has the discretion to apply the building standards that were in effect at the time a residential unit was constructed. This is permissible under the authority to grant modifications on a case-by-case basis and the authority of a building department to approve a material, appliance, installation, device, arrangement, or method if it finds that the design is satisfactory and equivalent to the building standards code. Several jurisdictions were not aware of this existing authority.

(3) It is the intent of the Legislature to clarify that when a building permit for a residential unit does not exist, the appropriate enforcement official may make a determination of when a residential unit was constructed and then apply the California Building Standards Code and other specified rules and regulations in effect when the residential unit was determined to be constructed for purposes of issuing a building permit for the residential unit.

(b) The department shall propose the adoption of a building standard to the California Building Standards Commission pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 to authorize, when a record of the issuance of a building permit for the construction of an existing residential unit does not exist, a local enforcement official to determine the date of construction of that residential unit, apply this part, the building standards in the California Building Standards Code, and other specified rules and regulations in effect on that date of construction to that residential unit, and issue a retroactive building permit for that construction. This authorization shall be consistent with the findings and declarations of subdivision (a).

(c) This section is declaratory of existing law.

SEC. 3.

Section 18931 of the Health and Safety Code is amended to read:

18931.

The commission shall perform the following:

(a) In accordance with Section 18930 and within 120 days from the date of receipt of adopted standards, review the standards of adopting agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval. When building standards are returned for amendment or rejected, the commission shall inform the adopting agency or state agency that proposes the building standards of the specific reasons for the recommended changes or rejection, citing the criteria required under Section 18930. When standards are not acted upon by the commission within 120 days, the standards shall be approved, including codification and publication in the California Building Standards Code, without further review and without return or rejection by the commission.

(b) Codify, including publish, all building standards of adopting agencies or state agencies that propose the building standards and statutes defining building standards into one California Building Standards Code.

(c) Resolve conflict, duplication, and overlap in building standards in the code.

(d) Ensure consistency in nomenclature and format in the code.

(e) In accordance with Section 18945, both of the following:

(1) Hear and decide appeals resulting from the administration of state building standards.

(2) Promulgate code interpretations.

(f) Adopt any procedural regulations which it deems necessary to administer this part.

SEC. 4.

Section 18945 of the Health and Safety Code is amended to read:

18945.

(a) Any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard may appeal the issue for resolution to the commission.

(b) (1) Any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of a local agency having authority to enforce a state building standard may appeal the issue for resolution to the commission.

(2) (A) An issue appealed pursuant to this subdivision may include a request for approval to use an alternate material, assembly of materials, equipment, method of construction, method of installation of equipment, or means of protection. Approval of that request shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request.

(3) The commission may accept an appeal pursuant to this subdivision only if both of the following are true:

(A) The commission determines that the issues involved in the appeal have statewide significance.

(B) The person seeking to appeal an issue has exhausted all local appeals procedures before appealing to the commission. Exhaustion of local appeals procedures shall not be required as a prerequisite for an appeal requested jointly by the person adversely affected and the local agency having authority to enforce a state building standard.

(4) The commission shall review an issue appealed pursuant to this subdivision with stakeholders, including, but not limited to, representatives of the building industry, local agencies having authority to enforce a state building standard, and labor organizations.

(c) Any person may request a code interpretation from the commission relative to the intent of any regulation or provision adopted by the commission. When the request relates to a specific project, occupancy, or building, the commission shall review the issue with the appropriate local enforcing agency before rendering the code interpretation.

(d) Decisions on appeals issued by the commission, pursuant to subdivision (b), and code interpretations issued by the commission, pursuant to subdivision (c), shall be posted in a searchable format on the commission’s internet website.

SEC. 5.

Section 18948.1 of the Health and Safety Code is amended to read:

18948.1.

(a) Written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code shall be posted on the agency’s internet website in a manner that clearly identifies the rules or regulations as a local interpretation or policy and links those rules or regulations, where applicable, to the related local amendments and express findings.

(b) A local enforcement agency may charge a fee to cover the costs of making copies of the written rules and regulations described in subdivision (a).

SEC. 6.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.