17920-17928
HEALTH AND SAFETY CODE
SECTION 17920-17928
17920. As used in this part:
(a) "Approved" means acceptable to the department.
(b) "Building" means a structure subject to this part.
(c) "Building standard" means building standard as defined in
Section 18909.
(d) "Department" means the Department of Housing and Community
Development.
(e) "Enforcement" means diligent effort to secure compliance,
including review of plans and permit applications, response to
complaints, citation of violations, and other legal process. Except
as otherwise provided in this part, "enforcement" may, but need not,
include inspections of existing buildings on which no complaint or
permit application has been filed, and effort to secure compliance as
to these existing buildings.
(f) "Fire protection district" means any special district, or any
other municipal or public corporation or district, which is
authorized by law to provide fire protection and prevention services.
(g) "Labeled" means equipment or materials to which has been
attached a label, symbol, or other identifying mark of an
organization, approved by the department, that maintains a periodic
inspection program of production of labeled products, installations,
equipment, or materials and by whose labeling the manufacturer
indicates compliance with appropriate standards or performance in a
specified manner.
(h) "Listed" means all products that appear in a list published by
an approved testing or listing agency.
(i) "Listing agency" means an agency approved by the department
that is in the business of listing and labeling products, materials,
equipment, and installations tested by an approved testing agency,
and that maintains a periodic inspection program on current
production of listed products, equipment, and installations, and
that, at least annually, makes available a published report of these
listings.
(j) "Noise insulation" means the protection of persons within
buildings from excessive noise, however generated, originating within
or without such buildings.
(k) "Nuisance" means any nuisance defined pursuant to Part 3
(commencing with Section 3479) of Division 4 of the Civil Code, or
any other form of nuisance recognized at common law or in equity.
(l) "Public entity" has the same meaning as defined in Section
811.2 of the Government Code.
(m) "Testing agency" means an agency approved by the department as
qualified and equipped for testing of products, materials,
equipment, and installations in accordance with nationally recognized
standards.
17920.3. Any building or portion thereof including any dwelling
unit, guestroom or suite of rooms, or the premises on which the same
is located, in which there exists any of the following listed
conditions to an extent that endangers the life, limb, health,
property, safety, or welfare of the public or the occupants thereof
shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to,
the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or
shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs
or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a
hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a
dwelling unit.
(6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating
equipment.
(8) Lack of minimum amounts of natural light and ventilation
required by this code.
(9) Room and space dimensions less than required by this code.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by
the health officer.
(13) General dilapidation or improper maintenance.
(14) Lack of connection to required sewage disposal system.
(15) Lack of adequate garbage and rubbish storage and removal
facilities as determined by the health officer.
(b) Structural hazards shall include, but not be limited to, the
following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry
imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that
split, lean, list, or buckle due to defective material or
deterioration.
(5) Members of walls, partitions, or other vertical supports that
are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceilings and roof supports, or
other horizontal members which sag, split, or buckle due to defective
material or deterioration.
(7) Members of ceiling, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle due to
defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or
strength to carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable
laws in effect at the time of installation if it is currently in good
and safe condition and working properly.
(e) All plumbing, except plumbing that conformed with all
applicable laws in effect at the time of installation and has been
maintained in good condition, or that may not have conformed with all
applicable laws in effect at the time of installation but is
currently in good and safe condition and working properly, and that
is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except equipment
that conformed with all applicable laws in effect at the time of
installation and that has been maintained in good and safe condition,
or that may not have conformed with all applicable laws in effect at
the time of installation but is currently in good and safe condition
and working properly.
(g) Faulty weather protection, which shall include, but not be
limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to lack of
paint or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or
roof coverings.
(h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief
of the fire department or his deputy, is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause.
(i) All materials of construction, except those which are
specifically allowed or approved by this code, and which have been
adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, rodent harborages,
stagnant water, combustible materials, and similar materials or
conditions constitute fire, health, or safety hazards.
(k) Any building or portion thereof that is determined to be an
unsafe building due to inadequate maintenance, in accordance with the
latest edition of the Uniform Building Code.
(l) All buildings or portions thereof not provided with adequate
exit facilities as required by this code, except those buildings or
portions thereof whose exit facilities conformed with all applicable
laws at the time of their construction and that have been adequately
maintained and increased in relation to any increase in occupant
load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper
location of, exits, additional exits may be required to be installed.
(m) All buildings or portions thereof that are not provided with
the fire-resistive construction or fire-extinguishing systems or
equipment required by this code, except those buildings or portions
thereof that conformed with all applicable laws at the time of their
construction and whose fire-resistive integrity and
fire-extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
(n) All buildings or portions thereof occupied for living,
sleeping, cooking, or dining purposes that were not designed or
intended to be used for those occupancies.
(o) Inadequate structural resistance to horizontal forces.
"Substandard building" includes a building not in compliance with
Section 13143.2.
However, a condition that would require displacement of sound
walls or ceilings to meet height, length, or width requirements for
ceilings, rooms, and dwelling units shall not by itself be considered
sufficient existence of dangerous conditions making a building a
substandard building, unless the building was constructed, altered,
or converted in violation of those requirements in effect at the time
of construction, alteration, or conversion.
17920.5. As used in this part "local appeals board" means the board
or agency of a city or county which is authorized by the governing
body of the city or county to hear appeals regarding the building
requirements of the city or county. In any area in which there is no
such board or agency, "local appeals board" means the governing body
of the city or county having jurisdiction over such area.
17920.6. As used in this part, "housing appeals board" means the
board or agency of a city or county which is authorized by the
governing body of the city or county to hear appeals regarding the
requirements of the city or county relating to the use, maintenance,
and change of occupancy of hotels, motels, lodginghouses, apartment
houses, and dwellings, or portions thereof, and buildings and
structures accessory thereto, including requirements governing
alteration, additions, repair, demolition, and moving of such
buildings if also authorized to hear such appeals. In any area in
which there is not such a board or agency, "housing appeals board"
means the local appeals board having jurisdiction over such area.
17920.8. In addition to any other requirements for location of exit
signs or devices in hotels, motels, or apartment houses, the State
Fire Marshal shall adopt building standards establishing minimum
requirements for the placement of distinctive devices, signs, or
other means that identify exits and can be felt or seen near the
floor. Exit sign technologies permitted by the model building code
upon which the California Building Standards Code is based, shall be
permitted. These building standards shall apply to all newly
constructed occupancies subject to this section for which a building
permit is issued, or construction is commenced, where no building
permit is issued on or after January 1, 1989.
17920.9. (a) The department shall propose adoption, amendment, or
repeal by the California Building Standards Commission pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, of those
regulations as are necessary for the provision of minimum fire safety
and fire-resistant standards relating to the manufacture,
composition, and use of foam building systems manufactured for use,
or used, in construction of buildings subject to this part,
mobilehomes subject to Part 2 (commencing with Section 18000), or
factory-built housing subject to Part 6 (commencing with Section
19960), for the protection of the health and safety of persons
occupying those buildings, mobilehomes, or factory-built housing. The
department shall enforce building standards published in the
California Building Standards Code relating to foam building systems,
and other rules and regulations adopted by the department or by
federal law. Each manufacturer of foam building systems shall have
any foam building system manufactured for use in any building,
factory-built housing, or mobilehome listed and labeled by an
approved testing agency certifying that the system meets fire safety
and fire-resistant building standards published in the California
Building Standards Code. The department shall consult with all
available public and private sources to assist in the development of
the building standards and other rules and regulations.
(b) The department shall make inspections of the manufacture of
such foam building systems which it determines are necessary to
insure compliance with the requirements of subdivision (a).
(c) No person shall sell, offer for sale, or use in construction
of buildings subject to this part, mobilehomes subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, which foam building
system does not comply with, or has not been listed and labeled by an
approved testing agency certifying that the foam building system is
in compliance with, the requirements of subdivision (a) on and after
the 180th day after the building standards or other rules or
regulations become effective.
This subdivision shall not apply to any buildings, mobilehomes, or
factory-built housing constructed prior to the 180th day after those
standards become effective.
(d) No person shall sell, offer for sale, or use in construction
of any building subject to this part, a mobilehome subject to Part 2
(commencing with Section 18000), or factory-built housing subject to
Part 6 (commencing with Section 19960), in this state, any foam
building system, and no person shall sell or offer for sale in this
state any such building, mobilehome, or factory-built housing of
which a foam building system is a component, if the manufacturer
thereof refuses to permit the department to conduct the inspections
required by subdivision (b) on and after the 180th day after the
building standards or other rules or regulations become effective.
(e) As used in this section:
(1) "Foam" means a material made by mixing organic polymers with
air or other gases in a manner that forms a solid substance with
holes filled with air or gas when the mixture is allowed to set.
(2) "Foam building system" means a system of building materials
composed of, in whole or in part, of foam. It includes, but is not
limited to, all combinations of systems such as those composed of
foam inserted between and bonded to two boundary surface materials or
those composed exclusively of foam.
(3) "Building standard" means building standard as defined in
Section 18909.
17920.10. (a) Any building or portion thereof including any
dwelling unit, guestroom, or suite of rooms, or portion thereof, or
the premises on which it is located, is deemed to be in violation of
this part as to any portion that contains lead hazards. For purposes
of this part, "lead hazards" means deteriorated lead-based paint,
lead-contaminated dust, lead-contaminated soil, or disturbing
lead-based paint without containment, if one or more of these hazards
are present in one or more locations in amounts that are equal to or
exceed the amounts of lead established for these terms in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations or by this section and that are likely
to endanger the health of the public or the occupants thereof as a
result of their proximity to the public or the occupants thereof.
(b) In the absence of new regulations adopted by the State
Department of Health Services in accordance with the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) further interpreting or clarifying the terms
"deteriorated lead-based paint," "lead-based paint,"
"lead-contaminated dust," "containment," or "lead-contaminated soil,"
regulations in Chapter 8 (commencing with Section 35001) of Division
1 of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124150 shall interpret or clarify these terms. If the State
Department of Health Services adopts new regulations defining these
terms, the new regulations shall supersede the prior regulations for
the purposes of this part.
(c) In the absence of new regulations adopted by the State
Department of Health Services in accordance with the rulemaking
provisions of the Administrative Procedure Act defining the term
"disturbing lead-based paint without containment" or modifying the
term "deteriorated lead-based paint," for purposes of this part
"disturbing lead-based paint without containment" and "deteriorated
lead-based paint" shall be considered lead hazards as described in
subdivision (a) only if the aggregate affected area is equal to or in
excess of one of the following:
(1) Two square feet in any one interior room or space.
(2) Twenty square feet on exterior surfaces.
(3) Ten percent of the surface area on the interior or exterior
type of component with a small surface area. Examples include window
sills, baseboards, and trim.
(d) Notwithstanding subdivision (c), "disturbing lead-based paint
without containment" and "deteriorated lead-based paint" shall be
considered lead hazards, for purposes of this part, if it is
determined that an area smaller than those specified in subdivision
(c) is associated with a person with a blood lead level equal to or
greater than 10 micrograms per deciliter.
(e) If the State Department of Health Services adopts regulations
defining or redefining the terms "deteriorated lead-based paint,"
"lead-contaminated dust," "lead-contaminated soil," "disturbing
lead-based paint without containment," "containment," or "lead-based
paint," the effective date of the new regulations shall be deferred
for a minimum of three months after their approval by the Office of
Administrative Law and the regulations shall take effect on the next
July 1 or January 1 following that three-month period. Until the new
definitions apply, the prior definition shall apply.
17921. (a) Except as provided in subdivision (b), the department
shall propose the adoption, amendment, or repeal of building
standards to the California Building Standards Commission pursuant to
the provisions of Chapter 4 (commencing with Section 18935) of Part
2.5, and the department shall adopt, amend, and repeal other rules
and regulations for the protection of the public health, safety, and
general welfare of the occupant and the public governing the
erection, construction, enlargement, conversion, alteration, repair,
moving, removal, demolition, occupancy, use, height, court, area,
sanitation, ventilation and maintenance of all hotels, motels,
lodging houses, apartment houses, and dwellings, and buildings and
structures accessory thereto. Except as otherwise provided in this
part, the department shall enforce those building standards and those
other rules and regulations. The other rules and regulations adopted
by the department may include a schedule of fees to pay the cost of
enforcement by the department under Sections 17952 and 17965.
(b) The State Fire Marshal shall adopt, amend, or repeal and
submit building standards for approval pursuant to the provisions of
Chapter 4 (commencing with Section 18935) of Part 2.5, and the State
Fire Marshal shall adopt, amend, and repeal other rules and
regulations for fire and panic safety in all hotels, motels, lodging
houses, apartment houses and dwellings, buildings, and structures
accessory thereto. These building standards and regulations shall be
enforced pursuant to Sections 13145 and 13146; however, this section
is not intended to require an inspection by a local fire agency of
each single-family dwelling prior to its occupancy.
17921.1. Notwithstanding the provisions of Section 17921, and
except as provided for herein, the department shall not adopt or
enforce any rule or regulation relating to the installation,
maintenance, or use of a hotplate in a room of any building occupied
on or prior to the effective date of this act, if all of the
following conditions exist:
(a) The hotplate is used solely for the cooking or preparation of
meals for consumption by not more than two occupants of the room.
(b) The hotplate contains not more than two burners or heating
elements, and has been approved by a testing agency acceptable to the
department.
(c) The installation, maintenance, or use of a hotplate will not
be, or is not, hazardous to life or property.
(d) The hotplate rests on its own legs, is set not closer than six
inches from any wall or projection thereof, and rests on an
impervious surface.
(e) The walls behind and adjacent to the hotplate are lined or
backflashed with incombustible material equivalent to one-fourth-inch
asbestos millboard; the backflashing extends from 12 inches below to
24 inches above the base of the hotplate; and there is 36 inches of
clear and unobstructed space above the surface of the hotplate.
(f) The area of such room is not less than 120 square feet in
superficial floor area.
(g) The room contains an approved sink with hot and cold running
water.
(h) All plumbing in the room complies with the provisions of this
part and building standards published in the State Building Standards
Code.
(i) An approved storage cabinet is installed in the room wherein
all food, dishes, and cooking and eating utensils are stored when not
in use.
(j) The bed, and any drapes, curtains, towels, or other readily
combustible materials, in the room are located so that they do not
come in contact with the hotplate.
(k) The room complies with the provisions of this part and
building standards published in the State Building Standards Code
pertaining to window area, ventilation, ceiling height, and cubic
airspace.
(l) An approved method of heating is installed in or for the room
and the hotplate is not used for the purpose of heating the room or
installed within an unventilated area.
(m) Toilet and bath facilities are installed and maintained in the
building as required by this part and building standards published
in the State Building Standards Code.
In the event of any structural addition or any alteration or
reconstruction involving the floor area of any room the provisions of
Section 17921 shall apply.
Any city or county may enact an ordinance to prohibit the
installation, maintenance, or use of a hotplate in any room.
"Approved," when used in connection with any material, type of
construction, or appliance in this section, means meeting the
approval of the enforcement agency as the result of investigation and
tests conducted by the agency or by reason of accepted principles or
tests by national authorities, technical, health, or scientific
organizations or agencies.
17921.3. (a) All water closets and urinals installed or sold in
this state shall meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.2-2003, or A112.19.14-2001, as applicable. No other marking
and labeling requirements shall be required by the state. All water
closets and urinals installed or sold in this state shall be listed
by an American National Standards Institute accredited third-party
certification agency to the appropriate American Society of
Mechanical Engineers standards set forth in this subdivision. No
other listing or certification requirements shall be required by the
state.
(b) (1) All water closets sold or installed in this state shall
use no more than an average of 1.6 gallons per flush. On and after
January 1, 2014, all water closets, other than institutional water
closets, sold or installed in this state shall be high-efficiency
water closets.
(2) All urinals sold or installed in this state shall use no more
than an average of one gallon per flush. On and after January 1,
2014, all urinals, other than blow-out urinals, sold or installed in
this state shall be high-efficiency urinals.
(3) Each manufacturer selling water closets or urinals in this
state shall have not less than the following percentage of models
offered for sale in this state of high-efficiency water closets plus
high-efficiency urinals as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer:
(A) Fifty percent in 2010.
(B) Sixty-seven percent in 2011.
(C) Seventy-five percent in 2012.
(D) Eighty-five percent in 2013.
(E) One hundred percent in 2014 and thereafter.
(4) Each manufacturer that sells water closets or urinals in this
state shall inform the State Energy Resources Conservation and
Development Commission, the department, and the California Building
Standards Commission, in writing, of the percentage of models of
high-efficiency water closets plus high-efficiency urinals offered
for sale in this state as compared to the total number of models of
water closets plus urinals offered for sale in this state by that
manufacturer for each year 2010 to 2013, inclusive, by January 30 of
that year.
(c) Any city, county, or city and county may enact an ordinance to
allow the sale and installation of nonlow-consumption water closets
or urinals upon its determination that the unique configuration of
building drainage systems or portions of a public sewer system within
the jurisdiction, or both, requires a greater quantity of water to
flush the system in a manner consistent with public health. At the
request of a public agency providing sewer services within the
jurisdiction, the city, county, or city and county shall hold a
public hearing on the need for an ordinance as provided in this
subdivision. Prior to this hearing or to the enactment of the
ordinance, those agencies responsible for the provision of water and
sewer services within the jurisdiction, if other than the agency
considering adoption of the ordinance, shall be given at least 30
days' notice of the meeting at which the ordinance may be considered
or adopted.
(d) Notwithstanding subdivision (b), on and after January 1, 1994,
water closets and urinals that do not meet the standards referenced
in subdivision (b) may be sold or installed for use only under either
of the following circumstances:
(1) Installation of the water closet or urinal to comply with the
standards referenced in subdivision (b) would require modifications
to plumbing system components located beneath a finished wall or
surface.
(2) The nonlow-consumption water closets, urinals, and flushometer
valves, if any, would be installed in a home or building that has
been identified by a local, state, or federal governmental entity as
a historical site and historically accurate water closets and urinals
that comply with the flush volumes specified in subdivision (b) are
not available.
(e) (1) This section does not preempt any actions of cities,
counties, cities and counties, or districts that prescribe additional
or more restrictive conservation requirements affecting either of
the following:
(A) The sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (a), (b), or (c).
(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.
(2) This section does not grant any new or additional powers to
cities, counties, cities and counties, or districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low-consumption water closets, urinals, and
flushometer valves.
(f) The California Building Standards Commission or the department
may, by regulation, reduce the quantity of water per flush required
pursuant to this section if deemed appropriate or not inconsistent in
light of other standards referenced in the most recent version of
the California Plumbing Code, and may refer to successor standards to
the standards referenced in this section if determined appropriate
in light of standards referenced in the most recent version of the
California Plumbing Code.
(g) As used in this section, the following terms have the
following meanings:
(1) "Blow-out urinal" means a urinal designed for heavy-duty
commercial applications that work on a powerful nonsiphonic
principle.
(2) "High-efficiency water closet" means a water closet that is
either of the following:
(A) A dual flush water closet with an effective flush volume that
does not exceed 1.28 gallons, where effective flush volume is defined
as the composite, average flush volume of two reduced flushes and
one full flush. Flush volumes shall be tested in accordance with ASME
A112.19.2 and ASME A112.19.14.
(B) A single flush water closet where the effective flush volume
shall not exceed 1.28 gallons. The effective flush volume is the
average flush volume when tested in accordance with ASME A112.19.2.
(3) "High-efficiency urinal" means a urinal that uses no more than
0.5 gallons per flush.
(4) "Institutional water closet" means any water closet fixture
with a design not typically found in residential or commercial
applications or that is designed for a specialized application,
including, but not limited to, wall-mounted floor-outlet water
closets, water closets used in jails or prisons, water closets used
in bariatrics applications, and child water closets used in day care
facilities.
(5) "Nonlow-consumption flushometer valve," "nonlow-consumption
urinal," and "nonlow-consumption water closet" mean devices that use
more than 1.6 gallons per flush for toilets and more than 1.0 gallons
per flush for urinals.
(6) "Urinal" means a water-using urinal.
(7) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
(h) For purposes of this section, all consumption values shall be
determined by the test procedures contained in the American Society
of Mechanical Engineers standard A112.19.2-2003 or A112.19.14-2001.
(i) This section shall remain operative only until January 1,
2014, or until the date on which the California Building Standards
Commission includes standards in the California Building Standards
Code that conform to this section, whichever date is later.
17921.4. (a) A nonwater-supplied urinal approved for installation
or sold in this state shall satisfy all of the following
requirements:
(1) Meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.19-2006.
(2) Be listed by an American National Standards Institute
accredited third-party certification agency to the American Society
of Mechanical Engineers standard A112.19.19-2006.
(3) Provide a trap seal that complies with the California Plumbing
Code.
(4) Permit the uninhibited flow of waste through the urinal to the
sanitary drainage system.
(5) Be cleaned and maintained in accordance with the manufacturer'
s instructions after installation.
(6) Be installed with a water supply rough-in to the urinal
location that would allow a subsequent replacement of the
nonwater-supplied urinal with a water-supplied urinal if desired by
the owner or if required by the enforcement agency.
(b) As used in this section, the following terms have the
following meanings:
(1) "Building" means any structure subject to this part, and any
structure subject to the California Building Standards Law as set
forth in Part 2.5 (commencing with Section 18901).
(2) "Water supply rough-in" means the installation of water
distribution and fixture supply piping sized to accommodate a
water-supplied urinal to an in-wall point immediately adjacent to the
urinal location.
(c) Nothing in this section shall restrict the authority of the
California Building Standards Commission to require any additional
conditions on the installation and use of nonwater-supplied urinals.
17921.6. Except as provided in Sections 18930 and 18949.5, the
department shall prepare and adopt minimum standards regulating the
use and application of cellular concrete as it determines are
reasonably necessary for the protection of life and property.
17921.7. (a) (1) The Legislature finds and declares all of the
following:
(A) Acrylonitrile-butadiene-styrene ("ABS") drain, waste, and vent
plumbing pipe is used to drain or vent wastewater from kitchens,
bathrooms, washers, and plumbing fixtures found in the home. ABS pipe
is commonly used in residential construction, and ABS pipe has been
installed in the foundations and walls of thousands of single-family
homes, apartments, condominiums, and other residences throughout
California.
(B) The American Society for Testing and Materials (ASTM) has
established specifications for the manufacture of ABS pipe, including
a requirement that ABS pipe be made from virgin plastic resin. These
specifications have been incorporated into the Uniform Plumbing Code
(UPC), which is applicable to all occupancies throughout the state
pursuant to subdivision (b) of Section 18938, a provision of the
California Building Standards Law (Part 2.5 (commencing with Section
18901)).
(C) ABS pipe that does not meet ASTM requirements might, within a
period of a decade or less, crack and leak wastewater and sewage,
resulting in structural damage, vermin infestation, and severe health
hazards for residents or occupants of buildings in which defectively
manufactured ABS pipe has failed. One apparent cause of these
mechanical failures of ABS pipe has been the use of nonvirgin,
reprocessed plastic resin for the manufacture of ABS pipe.
(D) The continued use of this nonvirgin, reprocessed plastic resin
by some ABS pipe manufacturers violates the requirements of the UPC
and is also in violation of the building standards established in
accordance with the California Building Standards Law. The problem of
the property damage inflicted on the public continues to worsen.
(E) Thousands of California residents either already have, or
eventually will, experience serious damage to their homes,
apartments, and condominiums, as well as threats to their health and
safety, because of the substandard ABS pipe that has been installed,
in violation of building standards, in structures throughout the
state.
(F) There are currently no statutes or regulations that apply to
the sale of defective plastic resin to ABS pipe manufacturers.
(2) It is, therefore, the intent of the Legislature that both of
the following occur:
(A) That a provision that addresses the important issues set forth
in paragraph (1) be added to the State Housing Law.
(B) That the Department of Housing and Community Development
expeditiously implement the provisions of Chapter 413 of the Statutes
of 1993 that relate to this section.
(b) On and after the effective date of the act that adds this
section, no person shall sell or offer for sale a plastic resin for
use in the manufacture of ABS DWV pipe that does not meet the
requirements of the listing pursuant to authority granted by
subdivision (e).
(c) (1) Any and all plastic resin sold to an ABS DWV pipe
manufacturer for use in ABS DWV pipe shall contain a certification
that the plastic resin conforms to the requirements specified in the
listing pursuant to subdivision (e).
(2) Any and all plastic resin sold to an ABS pipe manufacturer
shall be accompanied by a document indicating the name and address of
the manufacturer of that plastic resin, the date that the plastic
resin was purchased by the seller, and specifications of the chemical
and physical properties of the plastic resin. For a period of at
least 10 years from the date of the sale of this plastic resin, the
information required to be certified by this subdivision shall be
kept onsite at the ABS pipe manufacturing plant, and available for
inspection by the enforcement agency, at all times.
(d) No ABS DWV pipe that contains plastic resin that does not meet
the requirements of the listing pursuant to subdivision (e) may be
sold or offered for sale, or installed in any structure that is
subject to this part.
(e) The listing agencies, as approved by the department, shall
publish in each listing agreement with ABS DWV pipe manufacturers a
list of ABS resins and resin compounds used by that manufacturer and
approved for use by the listing agency. The approval of ABS resins
and resin compounds shall be based on nationally recognized
standards. The listing agencies shall consult with the affected
parties.
17921.9. (a) The Legislature finds and declares all of the
following:
(1) The deterioration of copper piping has become a serious
problem in various communities in the state.
(2) Chlorinated polyvinyl chloride (CPVC) plastic piping has been
successfully used for many years in other states and in nations
around the globe, and has also been widely used, in accordance with
federal regulations, in mobilehome construction.
(3) The Department of Community Development of the City of Colton,
acting pursuant to a good-faith belief that it was in compliance
with state regulations, approved the use of CPVC piping as an
alternative to copper piping in early 1993 when the department was
confronted with widespread deterioration of copper piping systems in
a tract in the western part of that city.
(4) The retrofitting of homes in Colton with CPVC piping has been
successful.
(b) It is, therefore, the intent of the Legislature in enacting
this section to allow the use of CPVC piping in building construction
in California as an alternate material under specified conditions.
(c) Notwithstanding any other provision of law, the provisions of
the California Plumbing Code that do not authorize the use of CPVC
piping within California shall not apply to any local government that
permitted the use of CPVC piping for potable water systems within
its jurisdiction prior to January 1, 1996. Any local government that
permitted the use of CPVC piping for potable water systems within its
jurisdiction prior to January 1, 1996, shall require both of the
following:
(1) That the CPVC piping to be used is listed as an approved
material in, and is installed in accordance with, the 1994 edition of
the Uniform Plumbing Code.
(2) That all installations of CPVC strictly comply with the
interim flushing procedures and worker safety measures set forth in
subdivisions (d) and (e).
(d) The following safe work practices shall be adhered to when
installing both CPVC and copper plumbing pipe in California after the
effective date of the act that adds this section:
(1) (A) Employers shall provide education and training to inform
plumbers of risks, provide equipment and techniques to help reduce
exposures from plumbing pipe installation, foster safe work habits,
and post signs to warn against the drinking of preoccupancy water.
(B) For purposes of this paragraph, "training" shall include
training in ladder safety, safe use of chain saws and wood-boring
tools, hazards associated with other construction trades, hazards
from molten solder and flux, and the potential hazards and safe use
of soldering tools and materials.
(2) Cleaners shall be renamed as primers, include strong warnings
on the hazards of using primers as cleaners, and include dyes to
discourage use as cleaners.
(3) Applicators and daubers shall be limited to small sizes.
(4) Enclosed spaces shall be ventilated with portable fans when
installing CPVC pipe.
(5) Protective impermeable gloves shall be utilized when
installing CPVC pipe.
(6) Employers shall provide onsite portable eyewash stations for
all employees to allow for immediate flushing of eyes in the event of
splashing of hot flux.
(7) Employers using acetylene torches shall ensure that the
acetylene tanks are regularly maintained and inspected in accordance
with applicable regulatory requirements. Fire extinguishers shall be
kept in close proximity to the workplace.
(e) All of the following flushing procedures shall be adhered to
when installing CPVC pipe in California after the effective date of
the act that adds this section:
(1) When plumbing is completed and ready for pressure testing,
each cold water and hot water tap shall be flushed starting with the
fixture (basin, sink, tub, or shower) closest to the water meter and
continuing with each successive fixture, moving toward the end of the
system. Flushing shall be continued for at least one minute or
longer until water appears clear at each fixture. This step may be
omitted if a jurisdiction requires the building inspector to test
each water system.
(2) The system shall be kept filled with water for at least one
week and then flushed in accordance with the procedures set forth in
paragraph (1). The system shall be kept filled with water and not
drained.
(3) Before the premises are occupied, the hot water heater shall
be turned on and the system shall be flushed once more. Commencing
with the fixture closest to the hot water heater, the hot water tap
shall be permitted to run until hot water is obtained. The time
required to get hot water in a specific tap shall be determined and
then the cold water tap at the same location shall be turned on for
the same period of time. This procedure shall be repeated for each
fixture in succession toward the end of the system.
(f) Nothing in this section shall be construed to affect the
applicability of any existing law imposing liability on a
manufacturer, distributor, retailer, installer, or any other person
or entity under the laws of this state for liability.
(g) This section shall not be operative after January 1, 1998.
17921.10. (a) The standards proposed by the department pursuant to
Section 17921 may include voluntary best practice and mandatory
requirements related to environmentally preferable water using
devices and measures. The standards shall not unreasonably or
unnecessarily impact the ability of Californians to purchase or rent
affordable housing, as determined by taking account of the overall
benefit derived from the standards.
(b) Nothing in this section shall in any way reduce the authority
of the State Energy Resources Conservation and Development Commission
to adopt standards and regulations or take other actions pursuant to
Division 15 (commencing with Section 25000) of the Public Resources
Code.
17922. (a) Except as otherwise specifically provided by law, the
building standards adopted and submitted by the department for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5, and the other rules and regulations that are contained in
Title 24 of the California Code of Regulations, as adopted, amended,
or repealed from time to time pursuant to this chapter shall be
adopted by reference, except that the building standards and rules
and regulations shall include any additions or deletions made by the
department. The building standards and rules and regulations shall
impose substantially the same requirements as are contained in the
most recent editions of the following uniform industry codes as
adopted by the organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials, except its definition of "substandard building."
(2) The Uniform Building Code of the International Conference of
Building Officials.
(3) The Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials.
(4) The Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and
Mechanical Officials.
(5) The National Electrical Code of the National Fire Protection
Association.
(6) Appendix Chapter 1 of the Uniform Code for Building
Conservation of the International Conference of Building Officials.
(b) In adopting building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 for publication
in the California Building Standards Code and in adopting other
regulations, the department shall consider local conditions and any
amendments to the uniform codes referred to in this section. Except
as provided in Part 2.5 (commencing with Section 18901), in the
absence of adoption by regulation, the most recent editions of the
uniform codes referred to in this section shall be considered to be
adopted one year after the date of publication of the uniform codes.
(c) Except as provided in Section 17959.5, local use zone
requirements, local fire zones, building setback, side and rear yard
requirements, and property line requirements are hereby specifically
and entirely reserved to the local jurisdictions notwithstanding any
requirements found or set forth in this part.
(d) Regulations other than building standards which are adopted,
amended, or repealed by the department, and building standards
adopted and submitted by the department for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, governing
alteration and repair of existing buildings and moving of apartment
houses and dwellings shall permit the replacement, retention, and
extension of original materials and the continued use of original
methods of construction as long as the hotel, lodginghouse, motel,
apartment house, or dwelling, or portions thereof, or building and
structure accessory thereto, complies with the provisions published
in the California Building Standards Code and the other rules and
regulations of the department or alternative local standards adopted
pursuant to subdivision (b) of Section 13143.2 or Section 17958.5 and
does not become or continue to be a substandard building. Building
additions or alterations which increase the area, volume, or size of
an existing building, and foundations for apartment houses and
dwellings moved, shall comply with the requirements for new buildings
or structures specified in this part, or in building standards
published in the California Building Standards Code, or in the other
rules and regulations adopted pursuant to this part. However, the
additions and alterations shall not cause the building to exceed area
or height limitations applicable to new construction.
(e) Regulations other than building standards which are adopted by
the department and building standards adopted and submitted by the
department for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 governing alteration and repair of
existing buildings shall permit the use of alternate materials,
appliances, installations, devices, arrangements, or methods of
construction if the material, appliance, installation, device,
arrangement, or method is, for the purpose intended, at least the
equivalent of that prescribed in this part, the building standards
published in the California Building Standards Code, and the rules
and regulations promulgated pursuant to the provisions of this part
in performance, safety, and for the protection of life and health.
Regulations governing abatement of substandard buildings shall permit
those conditions prescribed by Section 17920.3 which do not endanger
the life, limb, health, property, safety, or welfare of the public
or the occupant thereof.
(f) A local enforcement agency may not prohibit the use of
materials, appliances, installations, devices, arrangements, or
methods of construction specifically permitted by the department to
be used in the alteration or repair of existing buildings, but those
materials, appliances, installations, devices, arrangements, or
methods of construction may be specifically prohibited by local
ordinance as provided pursuant to Section 17958.5.
(g) A local ordinance may not permit any action or proceeding to
abate violations of regulations governing maintenance of existing
buildings, unless the building is a substandard building or the
violation is a misdemeanor.
17922.1. Notwithstanding Section 17922, local agencies may modify
or change the requirements published in the State Building Standards
Code or contained in other regulations adopted by the department
pursuant to Section 17922 if they make a finding that temporary
housing is required for use in conjunction with a filed mining claim
on federally owned property located within the local jurisdiction and
that the modification or change would be in the public interest and
consistent with the intent of the so-called Federal Mining Act of
1872 (see 30 U.S.C., Sec. 22, et seq.), relating to the development
of mining resources of the United States.
17922.12. (a) For the purposes of this section, "graywater" means
untreated wastewater that has not been contaminated by any toilet
discharge, has not been affected by infectious, contaminated, or
unhealthy bodily wastes, and does not present a threat from
contamination by unhealthful processing, manufacturing, or operating
wastes. "Graywater" includes wastewater from bathtubs, showers,
bathroom washbasins, clothes washing machines, and laundry tubs, but
does not include wastewater from kitchen sinks or dishwashers.
(b) Notwithstanding Chapter 22 (commencing with Section 14875) of
Division 7 of the Water Code, at the next triennial building
standards rulemaking cycle that commences on or after January 1,
2009, the department shall adopt and submit for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 building
standards for the construction, installation, and alteration of
graywater systems for indoor and outdoor uses.
(c) In adopting building standards under this section, the
department shall do all of the following:
(1) Convene and consult a stakeholder's group that includes
members with expertise in public health, water quality, geology or
soils, residential plumbing, home building, and environmental
stewardship.
(2) Ensure protection of water quality in accordance with
applicable provisions of state and federal water quality law.
(3) Consider existing research available on the environmental
consequences to soil and groundwater of short-term and long-term
graywater use for irrigation purposes, including, but not limited to,
research sponsored by the Water Environment Research Foundation.
(4) Consider graywater use impacts on human health.
(5) Consider the circumstances under which the use of in-home
graywater treatment systems is recommended.
(6) Consider the use and regulation of graywater in other
jurisdictions within the United States and in other nations.
(d) The department may revise and update the standards adopted
under this section at any time, and the department shall reconsider
these standards at the next triennial rulemaking that commences after
their adoption.
(e) The approval by the California Building Standards Commission
of the standards for graywater systems adopted under this section
shall terminate the authority of the Department of Water Resources to
adopt and update standards for the installation, construction, and
alteration of graywater systems in residential buildings pursuant to
Chapter 22 (commencing with Section 14875) of Division 7 of the Water
Code.
17922.2. (a) Notwithstanding any other provisions of this part,
ordinances and programs adopted on or before January 1, 1993, that
contain standards to strengthen potentially hazardous buildings
pursuant to subdivision (b) of Section 8875.2 of the Government Code,
shall incorporate the building standards in Appendix Chapter 1 of
the Uniform Code for Building Conservation of the International
Conference of Building Officials published in the California Building
Standards Code, except for standards found by local ordinance to be
inapplicable based on local conditions, as defined in subdivision
(b), or based on an approved study pursuant to subdivision (c), or
both. Ordinances and programs shall be updated in a timely manner to
reflect changes in the model code, and more frequently if deemed
necessary by local jurisdictions.
(b) For the purpose of subdivision (a), and notwithstanding the
meaning of "local conditions" as used elsewhere in this part and in
Part 2.5 (commencing with Section 18901), the term "local conditions"
shall be limited to those conditions that affect the implementation
of seismic strengthening standards on the following only:
(1) The preservation of qualified historic structures as governed
by the State Historical Building Code (Part 2.7 (commencing with
Section 18950)).
(2) Historic preservation programs, including, but not limited to,
the California Mainstreet Program.
(3) The preservation of affordable housing.
(c) Any ordinance or program adopted on or before January 1, 1993,
may include exceptions for local conditions not defined in
subdivision (b) if the jurisdiction has approved a study on or before
January 1, 1993, describing the effects of the exceptions. The study
shall include socioeconomic impacts, a seismic hazards assessment,
seismic retrofit cost comparisons, and earthquake damage estimates
for a major earthquake, including the differences in costs, deaths,
and injuries between full compliance with Appendix Chapter 1 of the
Uniform Code for Building Conservation or the Uniform Building Code
and the ordinance or program. No study shall be required pursuant to
this subdivision if the exceptions for local conditions not defined
in subdivision (b) result in standards or requirements that are more
stringent than those in Appendix Chapter 1 of the Uniform Code for
Building Conservation.
(d) Ordinances and programs adopted pursuant to this section shall
conclusively be presumed to comply with the requirements of Chapter
173 of the Statutes of 1991.
17922.3. Notwithstanding any other provision of law, a residential
structure that is moved into, or within, the jurisdiction of a local
agency or the department, shall not be treated, for the purposes of
Section 104 of the 1991 Edition of the Uniform Building Code, as a
new building or structure, but rather shall be treated, for the
purposes of this part, as subject to Section 17958.9.
17922.5. Any state or local agency which issues building permits
shall require, as a condition of issuing any building permit where
the working conditions of the construction would require an employer
to obtain a permit from the Division of Occupational Safety and
Health pursuant to Chapter 6 (commencing with Section 6500) of Part 1
of Division 5 of the Labor Code, that proof be submitted showing
that the employer has received such a permit from the Division of
Occupational Safety and Health.
An employer may apply for a building permit prior to receiving the
permit from the Division of Occupational Safety and Health.
17922.6. (a) The Office of Noise Control in coordination with the
department shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18934) of Part 2.5 of
this division and shall adopt, amend, and repeal rules and
regulations other than building standards which establish uniform
minimum noise insulation requirements for hotels, motels, apartment
houses, and dwellings other than detached single-family dwellings.
(b) Such requirements shall be based on performance in order to
require compliance onsite where the hotel, motel, apartment house, or
dwelling other than a detached single-family dwelling, is located.
(c) Such requirements shall be sufficient to protect persons
within the hotel, motel, apartment house, or dwelling other than a
detached single-family dwelling, from the effects of excessive noise,
including, but not limited to, hearing loss or impairment and
persistent interference with speech and sleep.
(d) The provisions of this section, the building standards
published in the State Building Standards Code relating to noise
insulation, and the other rules and regulations adopted pursuant to
this section shall apply equally to those hotels, motels, apartment
houses, and dwellings other than detached single-family dwellings,
owned, operated, or maintained by any public entity. The department
shall enforce such building standards published in the State Building
Standards Code and such other rules and regulations with respect to
any such hotel, motel, apartment house, or dwelling other than a
detached single-family dwelling, which is not subject to the
jurisdiction of any local building department.
(e) The provisions of this section, the building standards
published in the State Building Standards Code relating to noise
insulation, and the other rules and regulations adopted pursuant to
this section shall not apply to detached single-family dwellings.
(f) Such other rules and regulations adopted by the Office of
Noise Control shall become operative six months after their date of
adoption.
(g) Sections 17925, 17958, 17958.5, and 17958.7 shall not apply to
the provisions of this section.
17922.7. (a) Except as otherwise provided in subdivisions (b) and
(c), the governing body of every city, county, city and county, and
public entity shall adopt ordinances or regulations imposing the same
requirements as are published in the State Building Standards Code
relating to noise insulation and as are contained in the other rules
and regulations adopted pursuant to Section 17922.6 within six months
after the date of publication in the State Building Standards Code
or the date of adoption of such other rules and regulations. The
building standards relating to noise insulation published in the
State Building Standards Code and the other rules and regulations
adopted pursuant to Section 17922.6 shall apply in any city, county,
city and county, or to any hotel, motel, apartment house, or dwelling
other than a detached single-family dwelling, which is owned,
operated, or maintained by any public entity, if the appropriate
governing body fails to adopt such ordinances or regulations within
six months after such date of publication or adoption.
(b) In adopting such ordinances or regulations, the governing body
of any city, county, city and county, or public entity may make such
changes, modifications, or additions to the minimum requirements
contained in such building standards relating to noise insulation
published in the State Building Standards Code, or in the other rules
and regulations adopted pursuant to Section 17922.6, as such
governing body determines are reasonably necessary due to local
conditions. The governing body may also impose noise insulation
standards on a case by case basis on new single-family detached
dwellings, if the governing body determines that such standards are
necessary due to substantial noise generated by airports, roadways,
or commercial and industrial activities immediately surrounding or
adjacent to such proposed dwellings. Any local noise insulation
standards adopted for single-family detached dwellings shall not
exceed comparable standards for multifamily housing. The governing
body shall find that ordinances or regulations, adopted pursuant to
this subdivision, will require the dimunition of the noise levels
permitted by the building standards relating to noise insulation
published in the State Building Standards Code and in the other rules
and regulations adopted pursuant to Section 17922.6.
(c) Prior to making such modifications, changes, or additions
pursuant to subdivision (b), the governing body shall make an express
finding that such modifications, changes, or additions are needed,
which finding shall be available as a public record. A copy of such
finding, together with the modification, change, or addition, shall
be filed with the Office of Noise Control.
17922.8. The Office of Noise Control may appoint an advisory
committee to assist the office in reviewing and revising the noise
insulation standards previously adopted.
17922.9. (a) The Legislature hereby finds and declares that the
provision of an adequate level of affordable housing, in and of
itself, is a fundamental responsibility of the state and that a
generally inadequate supply of decent, safe, and sanitary housing
affordable to persons of low and moderate income threatens orderly
community and regional development, including job creation,
attracting new private investment, and creating the physical,
economic, social, and environmental conditions to support continued
growth and security of all areas of the state.
The Legislature further finds and declares that many rural
communities depend on mortgage financing available through the
Farmers Home Administration and that the continued construction of
affordable housing is a priority for the state. However, the
Legislature, in requiring waiver of certain local requirements
respecting adequacy of garages and carports and house size, does not
endorse the restrictive Farmers Home Administration regulations that
preclude financing of two-car garages and houses exceeding a maximum
size.
The Legislature further finds and declares that inadequate housing
supplies have a negative impact on regional development and are,
therefore, a matter of statewide interest and concern.
(b) Notwithstanding any local ordinance, charter provision, or
regulation to the contrary, if the applicant for a building permit
for construction of a qualifying residential structure submits with
the application a conditional loan commitment letter or letter of
intent to finance issued by the Farmers Home Administration of the
United States Department of Agriculture for the structure, the city,
county, or city and county issuing the building permit shall not
impose any requirement on the permit respecting the size or capacity
of any appurtenant garage or carport or house size which exceeds the
size or capacity that the Farmers Home Administration will finance
under its then applicable regulations and policies. "Qualifying
residential structure," as used in this section, means any
single-family or multifamily residential structure financed by the
Farmers Home Administration and which is restricted pursuant to
federal law to ownership or occupancy by households with incomes not
exceeding the income criteria for persons and families of low and
moderate income, as defined by Section 50093, or more restrictive
income criteria.
(c) This section does not preclude a city, county, or city and
county from requiring the provision of one uncovered, paved parking
space located outside the required setback and outside the driveway
approach to the garage or covered parking space plus a garage or
covered parking space that does not exceed the size and capacity
allowed for Farmers Home Administration financing. However, this
setback requirement may not exceed the setbacks applicable to
single-family dwelling units in the same zoning district that have
two-car garages.
17923. (a) The provisions of Section 17922 are not intended to
prevent the use of any material, appliance, installation, device,
arrangement, or method of construction not specifically prescribed by
this part, the building standards published in the State Building
Standards Code relating thereto, and the other rules and regulations
promulgated pursuant thereto, providing such alternate has been
approved. The department may approve any such alternate if it finds
that the proposed design is satisfactory and that the material,
appliance, installation, device, arrangement, method, or work offered
is, for the purpose intended, at least the equivalent of that
prescribed in this part, the building standards published in the
State Building Standards Code relating thereto, and the other rules
and regulations promulgated pursuant thereto in performance, safety,
and for the protection of life and health.
(b) Whenever there is evidence that any material, appliance,
installation, device, arrangement, or method of construction does not
conform to the requirements of this part, the building standards
published in the State Building Standards Code relating thereto, and
the other rules and regulations promulgated pursuant thereto, or in
order to substantiate claims for alternates, the department may
require tests as proof of compliance to be made at the expense of the
owner or his agent.
17924. Rules and regulations shall be promulgated pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and no state department, officer,
board, agency, committee, or commission shall have power pursuant to
the provisions of this part to publish building standards, as defined
in Section 18909, but shall propose and submit those building
standards as deemed necessary to carry out the provisions of this
part for adoption and publishing pursuant to the provisions of Part
2.5 (commencing wi