California Building Standards Commission
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Emergency Rulemaking

The emergency rulemaking process is an administrative rulemaking process administered by any state agency.

Any state agency may adopt emergency changes to the California Code of Regulations, Title 24 and submit them to the BSC for approval.

A state agency does not need to initially follow the regular rulemaking process when adopting an emergency change. However, if the BSC approves the change, the agency must follow the regular rulemaking process and certify that it has complied with the regular rulemaking process. The adopting state agency must do this within 120 days of the change's effective date in order to maintain the effectiveness of the change.

Current Proposed Emergency Rulemakings

Emergency Rulemaking Regulations
The following is the complete text of the regulations governing emergency rulemaking.

Health and Safety Code Section 18937 requires that the adopting agency make a finding of emergency as set forth in Government Code Section 11346.1 and that the standard is adopted pursuant to Section 11349.6. The Commission must specifically review and concur with the agency's findings. If it does not concur, it cannot approve the regulation. Approval of the regulation requires a vote of greater than two-thirds of those present or 6 members.

Updated : 8/18/2008