- Appeal Form DGS BSC-33 (PDF) (DOC)
California Building Standards Law contains the following provisions for submitting appeals to CBSC, which are located in Health and Safety Code Section 18945:
18945 Right to Appeal.
(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) If any local agency having authority to enforce a state building standard and any person adversely affected by any regulation, rules, omission, interpretation, decision or practice of such agency respecting such building standard both wish to appeal the issue for resolution to the commission, then both parties may appeal to the commission. The commission may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance.
See Health & Safety Code Section 18946 for hearing, reference, decision information.
Further, CBSC has provisions for the appeal process set forth in the California Administrative Code (Cal. Code Regs., Title 24, Part 1, Ch. 1, Art. 3).
Important Note: Recent amendments were made to CBSC's regulations concerning appeals in the California Administrative Code during the 2016 Intervening Code Adoption Cycle. These administrative regulations, which have been adopted and approved by the Commission on August 14, 2017, were filed with the Secretary of State (SOS) on August 17, 2017, and will become effective September 16, 2017 (30 days after filing with SOS). The approved amendments are as follows:
- Approved Final Express Terms (FET) - (PDF)
Rules for Appeals
An appellant must exhaust the appeal processes of state or local agencies before appealing to CBSC.
CBSC may not resolve appeal matters of a local agency if the local agency does not agree to have CBSC resolve the matter and the matter does not have statewide significance.
CBSC only accepts appeals within six months of when the act, interpretation, decision, or practice occurred.
The appeal must be in writing and accompanied by a nonrefundable fee of $450.
Section 1-307 of Article 3 (linked above) requires an appeal to describe all of the following:
- The exact regulation, rule, interpretation, or decision that is the subject of the appeal.
- The date of any act, interpretation, or decision that is the subject of the appeal.
- The nature of any act, interpretation, or decision related to the complaint.
- The reasons for the appeal.
- Documentation of the official action of the applicable state or local agency with respect to the agency's final decision.
- Identification of witnesses, experts, and other representatives of the appellant.
Submit Appeals to:
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Phone: (916) 263-0916
Fax: (916) 263-0959