Government Code Section 11340.6 provides that any interested person may petition a state agency to request the adoption, amendment, or repeal of a regulation, except where:
Section 1-313, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1) states that any local government agency, firm, or member of the public may petition a state agency to adopt, amend, or repeal any state building standard that the agency has the authority to adopt. In cases where CBSC is responsible for adopting building standards on behalf of a state agency (Department of Housing and Community Development, Division of the State Architect, Office of Statewide Health Planning and Development, and Office of the State Fire Marshal), a member of the public may petition either CBSC or the agency.
- The right to petition for adoption of a regulation is restricted by statute to a designated group, or
- The form of procedure for such a petition is otherwise prescribed by statute.
- Petition Form BSC-30 in electronic fill and print format (DOC)
- Petition Form BSC-30 (PDF)
Rules for Petitions
The petition must be in writing and must state all of the following:
The issue that the petition addresses must be of statewide significance and must have implications for a whole category of projects or a broad range of project types.
The rationale for the petition must take the form of at least one of the following criteria:
- The substance or nature of the building standard, amendment, or repeal requested.
- The reason for the request.
- Reference to the authority of the state agency to take the rulemaking action requested.
- The building standard conflicts with pertinent statutes.
- Compliance with the standard is routinely impossible or onerous.
- The building standard is inefficient or ineffective.
- The standard is obsolete.
- A new building standard is needed.
According to Section 1-315, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1), a petitioner may also assert that the petition requires immediate action because there is imminent danger to the public health, safety, or general welfare.
State Agency Response Requirements
Within 45 days of receiving a complete and properly compiled petition, the state agency must notify the petitioner in writing that the petition has been received, and must either schedule the matter for public hearing or deny the petition in writing, indicating the reason(s) for denial pursuant to Sections 1-319 through 1-329, Article 3, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1).
CBSC Response Requirements
For specific requirements for responses to petitions submitted to CBSC (where CBSC has building standard adoption responsibilities for a state agency), see Sections 1-319 through 1-329, Article 3, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1).
Submit Petitions to:
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Phone: (916) 263-0916
Fax: (916) 263-0959