Approving, Returning, or Rejecting Standards
A state agency that submits a building standard to CBSC for approval must adopt the proposed standard in accordance with the following laws and rules governing the adoption of building standards:
- The Administrative Procedure Act (commencing with Government Code Section 11340)
- California Building Standards Law (commencing with Health and Safety Code Section 18901)
- California Code of Regulations Title 24, Part 1, Chapter 1
The agency's submission for approval must include:
- The records required by the Administrative Procedure Act
- A written analysis, called the "Nine Point Criteria Analysis," that justifies the approval of the building standard in terms of all of the following criteria:
- The proposed building standards does not conflict, overlap, or duplicate other standards.
- The proposed building standard is within the parameters of enabling legislation.
- The public interest requires the adoption of the building standard.
- The proposed building standard is not unreasonable, arbitrary, unfair, or capricious.
- The cost to the public is reasonable, based upon the overall benefit derived from the building standard.
- The proposed building standard is not necessarily ambiguous or vague.
- Applicable national specification, published standards, and model codes have been incorporated. If not, the state agency must define the inadequacies or nonexistence of a national specification, standard, or model code.
- The format of the proposed building standard is consistent with CBSC's format.
- The propose building standard, if it promotes fire and panic safety as determined by the State Fire Marshal, has their written approval.
When considering a proposed building standard, CBSC may review only the record of the proceedings of the adopting agency [Health and Safety Code Section 18930(b)(1)], and the evidence submitted to and considered by the adopting agency [Health and Safety Code Section 18930(b)(2)].
To reject or return proposed building standards, CBSC must expressly find that the adopting agency's factual determinations were arbitrary and capricious, or that the determinations were substantially unsupported by the evidence considered by the adopting agency. These are the only permissible grounds on which CBSC may consider rejecting or returning the proposed standard.