|
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:
- 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.
California Code of Regulations, Title 24, Part 1 states that any 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 the BSC is responsible for adopting building standards on behalf of a state agency (HCD, DSA, OSHPD, and SFM), a member of the public may petition either the BSC or the agency.
Rules for Petitions
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 petition must be in writing and must state all of the following:
- 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 rationale for the petition must take the form of at least one of the following criteria:
- 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- The standard is obsolete.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.
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 30 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 (Government Code Section 11340.7).
BSC Response Requirements
For specific requirements for responses to petitions submitted to the BSC (where the BSC has building standard adoption responsibilities for a state agency), see Title 24, Part 1, Article 1-8, Sections 1-804 through 1-806. |
