California Regulatory Notice Register — Register 2020, No. 17-Z (April 24, 2020)

Cal. Reg. Notice Reg. 2020, No. 17

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 17−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 24, 2020 PROPOSED ACTION ON REGULATIONS TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Administrative Determinants — Notice File Number Z2020−0408−01 .................................... 623 TITLE 24. BUILDING STANDARDS COMMISSION Intervening Code Adoption Cycle amendments to the 2019 California Administrative Code,

Part 1, Title 24, California Code of Regulations (CCR) for inclusion therein — Notice File Number Z2020−0414−03 .............................................................. 625 TITLE 24. BUILDING STANDARDS COMMISSION Intervening Code Adoption Cycle amendments to the 2019 California Administrative Code,

Part 2, Title 24, California Code of Regulations (CCR) for inclusion therein — Notice File Number Z2020−0414−04 .............................................................. 630 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Administrative Code,

Part 1, Title 24, California Code of Regulations — Intervening Code Cycle — Notice File Number Z2020−0414−05 ......................................... 634 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Building Code,

Part 2, Title 24, California Code of Regulations — Intervening Code Cycle — Notice File Number Z2020−0414−06 ......................................... 637 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Building Code,

Part 2 — Notice File Number Z2020−0414−07 ............................ 641 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Residential Code,

Part 2.5 — Notice File Number Z2020−0414−08 ......................... 647 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Existing Building Code — Notice File Number Z2020−0414−09 ........................... 651 TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Adoption Cycle —

Part 2, Volume 2 — California Building Code — Notice File Number Z2020−0414−10 .............................................................. 656 (Continued on next page) Time- Dated Material

TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Adoption Cycle —

Part 10 — California Existing Building Code — Notice File Number 2020−0414−11 ................................................................ 660 TITLE 24. BUILDING STANDARDS COMMISSION

Part 2, California Building Code — Notice File Number Z2020−0414−12 ................................. 663 TITLE 24. BUILDING STANDARDS COMMISSION

Part 2.5, California Residential Code — Notice File Number Z2020−0414−13 ............................. 669 TITLE 24. BUILDING STANDARDS COMMISSION

Part 9, California Fire Code — Notice File Number Z2020−0414−14 .................................... 675 OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION 2020 OAL DETERMINATION NUMBER 3 Department Operations Manual

Chapter 5,

Article 21,

Section 52060.6 Scheduling of Outside Telephone Calls; Issued by the Department of Corrections and Rehabilitation ....................... 681

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ........................................................... 683 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR or Department), proposes to amend Sec- tions 3375.2 and 3377.1 into Title 15, Division 3, Chap- ter 1, regarding Administrative Determinants. PUBLIC COMMENT PERIOD The public comment period begins April 24, 2020 and closes on June 10, 2020.

Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov. before the close of the comment pe- riod. For questions regarding the subject matter of the regulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

Section 11346.8, any interested person or their duly au- thorized representative may request a public hearing, no later than 15 days prior to the close of the written comment period. CONTACT PERSONS Primary Contact S. Pollock Telephone: 916 445−2308 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Back−Up Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Program Contact Steve Jimenez Division of Adult Institutions Classification Services Unit Telephone: 916 445−0224 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Di- vision of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Di- rector of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commenc- ing July 1, 2005, all powers and duties previously grant- ed to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of per- sons. PC

Section 5058.3 authorizes the Director to cer- tify in a written statement filed with Office of Adminis- trative Law that operational needs of the Department re- quire adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulations standardize the use of ad- ministrative determinants to encourage further access to rehabilitative services and programs within a behav- ior based model for inmates housed within CDCR.

Cur- rent regulations allow inmates meeting one or more ad- ministrative or irregular placement conditions, known as administrative determinants, to be housed in a facili- ty with a security level that is not consistent with the in- mate’s placement score, however

Section 3375.2(a)(2) requires an inmate with a history of specific sex crimes 623

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z designated in

Section 3377.1(

b) to be housed in accor- dance with their placement score and not to be assigned outside the security perimeter. The proposed regula- tions will allow for inmates with a history of specific sex crimes to be placed in a Level II or higher facility based upon individual factors that may indicate a more appropriate placement for the inmate. In addition, in- mates serving a life term whose placement score is not consistent with a Level II security level, shall now be af- forded the opportunity for placement in a Level II secu- rity level when approved by the Departmental Review Board.

These changes will allow for a more appropriate placement of the inmate and promote further access to rehabilitative services and programs. This action will: Revise language in

Section 3375.2(

a) to require that inmates with a history of sex crimes designated in

Section 3377.1(b), shall not be housed in a Level I facility. This will allow for these inmates to be placed in a Level II or higher facility based upon individual factors that may indicate a more appropriate placement. Remove the language “Level II” from

Section 3375.2(a)(11), to provide that inmates serving a life term whose placement score is not consistent with a Level I security level, shall not be housed in a Level I facility except when approved by the Departmental Review Board. This will allow for these inmates to be housed in a Level II or higher facility. Revise language in

Section 3377.1(b)(10) to provide consistency with the new language in

Section 3375.2(a)(2). This will provide that inmates with “R” suffixes shall not be housed in a Level I facility and shall not be assigned outside the security perimeter. DOCUMENTS INCORPORATED BY REFERENCE N/A SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulatory action will benefit CDCR inmates by allowing for specified inmates to access re- habilitative services and programs by allowing for them to be placed in a lower level security facility.

Access to rehabilitative services and programs will improve in- mates’ ability to rehabilitate so that they are better pre- pared for life once released from prison, improving their chances of success, and reducing recidivism. EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the Department has determined the proposed regulations are not inconsistent or incompatible with existing regu- lations. This was determined by performing a search of existing regulations.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630. FISCAL IMPACT STATEMENT Cost or savings to any state agency:None. Cost to any local agency or school district that is required to be reimbursed: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or require- ments on any business. EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will not affect small businesses. This action 624

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z has no significant adverse economic impact on small business because they place no obligations or require- ments on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur- rently doing business in California. The Department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of California residents by providing rehabilitative services and pro- grams to inmates, providing them a greater chance for success in their communities once released from prison.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed regulatory action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed at the scheduled hearing or during the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared and will make avail- able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon re- quest directed to the Department’s contact person. The proposed text, ISOR, and Notice of Proposed Action will also be made available on the Department’s web- site: www.cdcr.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’s contact person.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the De- partment adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice.

The Department will accept written com- ments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE CALIFORNIA BUILDING STANDARDS COMMISSION REGARDING THE 2019 ADMINISTRATIVE CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 1 (BSC 01/19) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of California Building Standards Commission proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 1. The CBSC is proposing build- ing standards related to administrative regulations. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 24, 2020, until 5:00 p.m. on June 8, 2020. 625

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Comments may be submitted to CBSC via: e−comments form dgs.ca.gov/BSC/e−comments US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). CBSC proposes to adopt these building standards un- der the authority granted by Government Code Sections 11000 and 11346 et seq. and Health and Safety Code Sections 18909, 18926, 18927, 18929, 18929.1, 18930, 18930.5, 18931, 18931.6, 18931.7, 18932, 18934, 18935, 18936, 18949.1, 18949.3, 18949.5, and 18949.6.

The purpose of these building standards is to imple- ment, interpret, or make specific the provisions of Gov- ernment Code Sections 11000 and 11346 et seq. and Health and Safety Code Sections 18909, 18926, 18927, 18929, 18929.1, 18930, 18930.5, 18931, 18931.6, 18931.7, 18932, 18934, 18935, 18936, 18949.1, 18949.3, 18949.5, and 18949.6. The California Building Standards Commission is proposing this regulatory action based on Health and Safety Code Sections 18909, 18926, 18927, 18929, 18931.6, 18931.7, 18932, 18935, and 18936. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Government Code

Section 11000. Defines commis- sions and other referenced departments as “state agencies.” Government Code

Section 11346 et seq. establishes the specified statutes of

Article 5 to which CBSC is re- quired to comply as specified in Health and Safety Code

Section 18929. Health and Safety Code

Section 18909(

c) estab- lishes the rule relating to the implementation or en- forcement of a building standard not otherwise gov- erned by statute. Health and Safety Code

Section 18926 sets forth CBSC authority and state agency responsibilities rela- tive to the duties of the Coordinating Council, and state agencies comprising the Coordinating Council. Health and Safety Code

Section 18927 permits CBSC to appoint advisory panels composed of volun- teers from professions most likely to be knowledgeable in and affected by building standards, to advise CBSC. Health and Safety Code

Section 18929. Outlines the process for adoption of administrative regulations applying to implementation or enforcement of building standards and publication into

Part 1, Title 24. These administrative regulations may impact the proposing state agencies regarding; criteria to be used for acceptance of a petitions; responsibility of the state adopting and proposing agencies regarding the 45−Day statement of mailing notice requirements; clarify final rulemaking file requirements by state proposing agen- cies including, providing written statement of mailing notice; and clarify how local jurisdictions are required to calculate and assess the Building Standards Adminis- trative Service Revolving Fund (BSASRF) for green building standards fees on building permits.

The commission shall develop regulations setting forth the procedures for the 18−month adoption cycle. Health and Safety Code

Section 18930 establishes approval or adoption of building standards; analysis 626

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z and criteria; review consideration; factual determina- tions (AKA Nine−Point Criteria). Health and Safety Code

Section 18930.5 grants CBSC the authority, if no state agency has the authority or expertise to propose green building standards appli- cable to a particular occupancy, to adopt, approve, codi- fy, update, and publish green building standards for those occupancies. Health and Safety Code

Section 18931 establishes the duties of the commission regarding review and ap- proval, return for amendment with recommended changes, or reject the building standard; codify and publish the approved standards; resolve conflict; ensure consistency; hear appeals and adopt administrative procedures. Health and Safety Code

Section 18931.6 establish- es that each city, county or city and county shall collect a fee from an application for a building permit for trans- mission to the CBSC so that CBSC can deposit it into the Building Standards Administrative Special Revolv- ing Fund. Health and Safety Code

Section 18931.7(

b) states that CBSC can utilize the Building Standards Adminis- tration Special Revolving Fund for the updating of veri- fication guidelines for Tier 1 or Tier 2 green building standards. Health and Safety Code

Section 18931.7(

f) states that CBSC can adopt any procedural regulation which it deems necessary to administer this part. Health and Safety Code

Section 18931.7(

d) en- sures consistency in nomenclature and format in the code. Health and Safety Code

Section 18932 establishes the contents and format of the building standards code. Health and Safety Code

Section 18934 sets forth a mandate that authorizes CBSC to adopt and the com- mission adopt regulations establishing procedures to ensure public participation in the development of build- ing standards and regulations. Health and Safety Code

Section 18935 provides for CBSC authority to review and approve proposing and adopting agency notices and initial statements of rea- sons; publish notices with the Office of Administrative Law; coordinate hearings held by adopting agencies. Health and Safety Code

Section 18936 sets forth CBSC responsibilities for delivery of notices of meet- ings within a specified time and, at a minimum, to whom these notices are to be sent. Health and Safety Code

Section 18949.1 through 18949.5 transferred authority to adopt, or review and approve building standards to CBSC for specific state agencies. Health and Safety Code 18949.6 requires CBSC to adopt procedural regulations for the adoption of build- ing standards and administrative regulations; the adop- tion process is required to facilitate the triennial adop- tion of model codes; and requires the procedural regula- tions allow for public review of proposed building stan- dards and administrative regulations

Summary of Existing Regulations

Chapter 1 of the 2019 California Administrative Code (Cal. Code Regs., Title 24,

Part 1, Chpt. 1) con- tains regulations that explain the various responsibili- ties and functions of BSC addressing the development, adoption and publication of building standards in Title 24, California Code of Regulations. It also includes re- quirements for state proposing agencies and state adopting agencies involved in the development of building standards as well as addressing local jurisdic- tion BSASRF fund, fee processing, determination and calculation for green building standards.

Summary of Effect The proposed additions, amendments and deletions to

Chapter 1, of

Part 1, Title 24, California Code of Reg- ulations, are being made to clarify, implement and make specific requirements relative to the APA requirements for mailing notices, state adopting agency rulemaking responsibilities and various editorial improvement, clarity, and consistency changes. Additionally, clarifi- cation regarding the process used at the local jurisdic- tion level to calculate the BSASRF fund fee require- ments. Specific rationale is provided for each item with- in the Initial Statement of Reasons (ISOR).

Comparable Federal Statute or Regulations There are no comparable federal statutes or regula- tions related to the CBSC proposed action. Policy Statement Overview The proposed additions, amendments, and deletions to

Chapter 1 of the 2019 California Administrative Code address necessary procedures relative to clarity and consistency within the regulations pertaining to ref- erence statutes. The proposals are purposed to assist the public and state proposing agencies and state adopting agencies with the requirements and processes regarding rulemaking, enforcement, Commission actions on pro- posed or adopted building standards, appeals and peti- tions.

Renumbering may be necessary in order to ac- commodate new provisions necessitating separate numbering for organizational reasons to include se- quence of rulemaking proceedings and updating the processes used at the local jurisdiction level for fee cal- culations related to the BSASRF fund. Evaluation of Consistency BSC has determined that the proposed administrative regulations are not inconsistent or incompatible with existing state regulations. 627

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). BSC has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). BSC has determined that the proposed regulatory ac- tion would not impose a new mandate on local agencies related to the BSASRF fund calculation process, or school districts. BSC does not have authority to impose building stan- dards or regulations on school districts. Further, the pro- posed regulatory actions are administrative in nature and would not enact a new mandate on local agencies related to the BSASRF fund calculation process, or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: No. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No. D. Other nondiscretionary cost or savings imposed on local agencies: No. E. Cost or savings in federal funding to the state: No. Estimate: Any additional expenditure resulting from this proposed action would be minor and absorbable within the existing budget and resources of BSC. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. BSC has made an initial determination that the adop- tion/amendment/repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California business- es to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. BSC has determined that the regulations being pro- posed are administrative and will only impact

Part 1 of Title 24 regarding procedures for compliance with BSC rulemaking processes by state adopting and proposing agencies. A workshop was conducted during the pre− cycle regulatory development period for the 2019 Inter- vening code cycle. During this workshop BSC deter- mined that there were no objections to the proposed changes to the administrative code by the state agencies or the attending public. The public may submit infor- mation, facts, or documents either supporting BSC’s initial determination or finding to the contrary. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.3(

d) is not applicable. No report is required for the adoption/amendment/repeal of these proposed ad- ministrative regulations. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The BSC has assessed whether or not and to what ex- tent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. These regulations will not affect the creation or cause the elimination of jobs within the State of California. B. The creation of new businesses or the elimination of existing businesses within the State of California. These regulations will not affect the creation or the elimination of existing business within the State of California. C. The expansion of businesses currently doing business within the State of California.

These regulations will not affect the expansion of businesses currently doing business within the State of California. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. These regulations will not affect the health and welfare of California residents, worker safety or the environment. These regulations are administrative in nature and impact procedures for the administration of the rulemaking process. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). BSC has determined that this proposal would not have a significant effect on housing costs. BSC does not have authority to impose building stan- dards or regulations affecting housing. Further, the pro- posed regulatory actions are administrative in nature and would not enact a mandate affecting housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). BSC has determined that no reasonable alternative considered by BSC or that has otherwise been identified and brought to the attention of BSC would be more ef- fective in carrying out the purpose for which the action is proposed or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(21). BSC shall provide, upon request, a description of pro- posed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommodate a person with a visual or other disability for which ef- fective communication is required under state or federal law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z 630PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: Gary Fabian, Associate Architect California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No: (916) 263−0916 E−mail: gary.fabian@dgs.ca.gov Designated Back−Up Contact Person California Building Standards Commission Michael L.

Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No: (916) 263−0916 E−mail: Michael.Nearman@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE CALIFORNIA BUILDING STANDARDS COMMISSION REGARDING THE 2019 CALIFORNIA BUILDING CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2 (BSC 02/19) Notice is hereby given that the California Building Standards Commission (CBSC) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 2. The Building Standards Com- mission (BSC) is proposing building standards related to the 2019 California Building Code (California Code of Regulations, Title 24,

Part 2). PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 28, 2020, until 5:00 p.m. on June 8, 2020. Comments may be submitted to CBSC via: e−comments form dgs.ca.gov/BSC/e−comments US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Written comments may also be emailed to CBSC@dgs.ca.gov.

Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held. The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). BSC proposes to adopt these building standards un- der the authority granted by Government Code Sections 11346 et seq. and Health and Safety Code Sections 18928.1, 18929.1, 18930, 18934.5, and 18949.6. BSC proposes to adopt these building standards un- der the authority granted by Government Code Sections 630

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z 11346 et seq. and Health and Safety Code Sections 18928.1, 18929.1, 18930, 18934.5, and 18949.6. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Government Code

Section 11346 et seq. establishes the specified statutes of

Article 5 to which CBSC is re- quired to comply as specified in Health and Safety Code

Section 18929. Health and Safety Code

Section 18928.1 sets forth that CBSC shall incorporate text of the model codes, ap- plicable national standards or published specifications, in whole or in part, only by reference, with appropriate additions or deletions in a publication agreement be- tween the commission and the model code organizations. Health and Safety Code Sections 18929.1 outlines the contents and procedures for the adoption of regula- tions for the 18−month code adoption cycle. Health and Safety Code Sections 18930 sets forth the analysis, review considerations, and factual deter- minations for the approval or adoption of building stan- dards (9−point criteria). Health and Safety Code

Section 18934.5 authorizes CBSC to adopt and publish building standards applica- ble to state buildings, including state university build- ings and, to the extent permitted by law, University of California buildings. Health and Safety Code 18949.6 requires CBSC to adopt procedural regulations for the adoption of build- ing standards and administrative regulations; the adop- tion process is required to facilitate the triennial adop- tion of model codes; and, requires the procedural regu- lations allow for public review of proposed building standards and administrative regulations.

Summary of Existing Regulations The 2019 California Building Code (Cal. Code Regs., Title 24,

Part 2) contains regulations that specify the minimum requirements for the design and construc- tion of buildings in California in efforts to protect the health, safety and welfare of the public. Currently, a de- signer must use an alternative means approach (Section 104.11,

Chapter 1, Division II, California Building Code) if one wants to design a tall wood building in Cal- ifornia specifying cross−laminated timber (CLT) to re- sist anything beyond gravity loads, as there are no pre- scriptive regulations in the California Building Code pertaining to the general design and construction of tall wood buildings using CLT.

Summary of Effect These proposed modifications to the 2019 California Building Code will make applicable to buildings within BSC’s jurisdiction, and available to the local jurisdic- tions if they choose to adopt the provisions via ordi- nance, provisions relating to buildings of new specified construction types to ensure the health, safety and wel- fare of the public, should a designer elect to employ the specified construction types: Type IV−A, IV−B, and IV−C.

Adopting these provisions in this Intervening Code Adoption Cycle will make them available for use in the 2019 California Building Code, three years prior to the availability of the provisions via model code adoption in the 2022 California Building Code. Comparable Federal Statute or Regulations There are no comparable federal statutes or regula- tions related to the BSC proposed action.

Policy Statement Overview The objective of these proposed additions and changes to the California Building Code are to comply with Executive Order B−52−18 by providing standards by which buildings of specified construction types must comply in order to ensure the health, safety, and welfare of the public within specified jurisdictions. Evaluation of Consistency BSC has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(5). BSC has determined that the proposed regulatory ac- tion would not impose a mandate on local agencies or school districts. BSC does not have authority to impose building stan- dards or regulations on school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. 631

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z A. Cost or Savings to any state agency: No. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No. D. Other nondiscretionary cost or savings imposed on local agencies: No. E. Cost or savings in federal funding to the state: No. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

BSC has made an initial determination that the adop- tion, amendment or repeal of these regulations will not have a significant statewide adverse economic impact on businesses, including the ability of California busi- nesses to compete with businesses in other states, be- cause these regulations do not impose any mandate on businesses. These regulations introduce new construc- tion types and methods into the building code from which designers can voluntarily choose but are not re- quired to use. DECLARATION OF EVIDENCE Reference: Government Code

However, based on an analysis published in the 2019 GROUP B PUB- LIC COMMENT AGENDA by International Code Council’s ad hoc Committee on Tall Wood Buildings (available from the Building Standards Commission or at https://cdn−web.iccsafe.org/wp−content/uploads/ 2019−ICC−PUBLIC−COMMENT−AGENDA− compressed−2019−upload−upload.pdf), a typical resi- dential or office building of typical floor plates an esti- mate of special inspection costs may range from $1,000 to $2,000 per floor.

Another approach to the cost of spe- cial inspection is a percentage of total construction costs; for typical pre−fabricated construction elements the cost of special inspection may range between 0.15% to 0.30%, depending on labor cost and complexities of the construction in the building. Facts, evidence, docu- ments, testimony, or other evidence upon which BSC relied to support its initial determination of no effect pursuant to Government Code

Section 11346.5(a)(8) is available for inspection by the public. The public may submit information, facts, or documents either support- ing BSC’s initial determination or finding to the contrary. During the development of these regulations, the SFM hosted many public workshops with industry, stakeholders, and the public. At no time was there any evidence proposed that would suggest a significant statewide adverse economic impact on business. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. BSC has made an assessment of the proposed code changes and has determined that these changes do not require a report. COST IMPACT ON REPRESENTIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: BSC is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). BSC has assessed whether or not and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. These regulations may result in the creation of jobs within the mass timber industry in the State of California. 632

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z B. The creation of new businesses or the elimination of existing businesses within the State of California. These regulations may result in new business within the mass timber industry in the State of California. C. The expansion of businesses currently doing business within the State of California. These regulations may result in the expansion of businesses currently doing business within the mass timber industry in the State of California. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. These proposed regulations will update, clarify and improve the building regulations in the California Building Code, which will provide increased protection of public health and safety, worker safety, and the environment and may reduce GHG’s by incentivizing the use of cross−laminated timber and other engineered wood products in construction throughout California. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). BSC has determined that this proposal would not have a significant effect on housing costs. BSC does not have the authority to promulgate build- ing standards for housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). Executive Order B−52−18 directed BSC, in addition to other agencies, to consider for early adoption during the 2019 Intervening Code Adoption Cycle, the provi- sions put forth by the International Code Council’s ad hoc committee on Tall Wood Buildings. This proposal is being made pursuant to that directive.

BSC has deter- mined that no reasonable alternative considered by BSC or that has otherwise been identified and brought to the attention of BSC would be more effective in car- rying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the BSC website: www.dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the BSC website: www.dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(21). BSC shall provide, upon request, a description of pro- posed changes included in the proposed action, in the manner provided by

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Gary Fabian, Associate Architect 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 E−mail: gary.fabian@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: 633

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Gary Fabian, Associate Architect California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 E−mail: gary.fabian@dgs.ca.gov Designated Back−Up Contact Person California Building Standards Commission Michael L. Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 E−mail: Michael.Nearman@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT (DSA−SS AND DSA−CC) REGARDING THE 2019 CALIFORNIA ADMINISTRATIVE CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 1 (DSA−SS/CC 01−19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of The Divi- sion of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 1. The DSA is proposing building standards related the administrative regulations for the structural design of public elementary and secondary schools and community colleges. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 24, 2020, until 5:00 p.m. on June 8, 2020. Comments may be submitted to CBSC via: e−comments form dgs.ca.gov/BSC/e−comments US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Written comments may also be emailed to CBSC@dgs.ca.gov.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z The Division of the State Architect is proposing this regulatory action based on Health & Safety Code Sec- tion 16022, and Education Code Sections 17295, 17310, 81052, 81142 and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws

Section 16022 of the Health & Safety Code autho- rizes the State Architect to establish building standards for state−owned and state−leased essential services buildings. Sections 17295, 17310 and 81142 of the Education Code authorize the State Architect to establish building standards for public elementary and secondary schools, and community colleges. Sections 81052 and 81053 of the Education Code au- thorize the State Architect to establish building stan- dards which a community college may elect to use in lieu of those standards promulgated in accordance with Education Code

Sec. 81142.

Summary of Existing Regulations Existing building standards which prescribe the ad- ministrative requirements for building design and con- struction of state−owned or state−leased essential ser- vices buildings, public elementary and secondary schools, and community colleges are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 1, and are based on provi- sions within the adopted model building code.

Summary of Effect The proposed action would adopt and amend the cur- rent 2019 edition of the California Administrative Code (CBC) (Title 24,

Part 1, California Code or Regula- tions). The proposed action will: Integrate statutory revisions and clarify existing amendments in the current 2019 California Administrative Code. Make editorial changes to currently adopted amendments to improve clarity or intent. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting and amending the current edition of the California Administrative Code.

Evaluation of Consistency There are no regulations being proposed that will be inconsistent or incompatible within this submittal and with current California Administrative Code and statu- tory requirements of the Education Code and Health and Safety Code. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no inconsistent or incompatible regulations being proposed. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion would not impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: YES. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: YES. E. Cost or savings in federal funding to the state: NO. Estimate: Unknown — Raising the cost threshold in

Section 4−309(

a) for triggering required evaluation and potential retrofit of existing lateral force resisting ele- ments in alteration projects will potentially reduce costs to the district from having to pay for evaluation and retrofit of those affected elements. The number of alter- ation projects this will affect, and the cost savings asso- ciated with these conditions is unknown as DSA does not maintain this level of data to quantify such an esti- mate. However, DSA does expect that this revised amendment will save school districts in design and po- tential retrofit costs of individual structural members on alteration projects where they would otherwise have been affected. 635

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion and amendment of this regulation will not have a significant statewide adverse economic impact on busi- nesses, including the ability of California businesses to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. No facts, evidence, documents, testimony or other evidence has been relied upon to support the initial de- termination of no effect. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. N/A COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The Division of the State Architect has assessed whether or not and to what extent this proposal will af- fect the following: A. The creation or elimination of jobs within the State of California. The DSA has determined that this proposed action has no effect. B. The creation of new businesses or the elimination of existing businesses within the State of California. The DSA has determined that this proposed action has no effect. C. The expansion of businesses currently doing business within the State of California. The DSA has determined that this proposed action has no effect. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The DSA has determined the health and welfare of California residents, public school children in particular, benefit from the proposed regulations as evidenced from past administration of similar administrative regulations. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined that this proposed action has no effect on housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by DSA or that has otherwise been identi- fied and brought to the attention of DSA would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law. 636

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20). All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L. Nearman Deputy Executive Director California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett Principal Structural Engineer Division of the State Architect 916−322−4699 jim.hackett@dgs.ca.gov Ryan P. Huxley Supervising Structural Engineer Division of the State Architect 916−323−9877 ryan.huxley@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT (DSA−SS AND DSA−CC) REGARDING THE 2019 CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2 (DSA−SS/CC 02−19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Part 2. The DSA is proposing building standards related the structural design for the structural design of public elementary and secondary schools, community colleges and state−owned or state leased es- sential services buildings. PUBLIC COMMENT PERIOD Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code

Section 18930 and 18949. The purpose of these building standards is to implement, interpret, or make specific the provisions of Health & Safety Code Sec- tions 16000−16023, and Education Code Sections 17280−17317, 81130−81147 and 81052−81053. The Division of the State Architect is proposing this regulatory action based on Health & Safety Code Sec- tion 16022, and Education Code Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws

Section 16022 of the Health & Safety Code autho- rizes the State Architect to establish building standards for state−owned and state−leased essential services buildings. Sections 17310 and 81142 of the Education Code au- thorize the State Architect to establish building stan- dards for public elementary and secondary schools, and community colleges. Sections 81052 and 81053 of the Education Code au- thorize the State Architect to establish building stan- dards which a community college may elect to use in lieu of those standards promulgated in accordance with Education Code

Sec. 81142.

Summary of Existing Regulations Existing building standards which prescribe the re- quirements for building design and construction of state−owned or state−leased essential services build- ings, public elementary and secondary schools, and community colleges are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 2, and are based on provisions within the adopted model building code.

Summary of Effect The proposed action would adopt and amend the cur- rent 2019 edition of the California Building Code (CBC) (Title 24,

Part 2, California Code or Regula- tions) which was based upon adoption and amendment of the most recent edition of the selected model building code (International Building Code (IBC), 2018 edi- tion). The proposed action will: Integrate currently adopted structural safety amendments into the updated Title 24,

Part 2. Repeal currently adopted amendments deemed to be sufficiently addressed by the adopted model building code. Make editorial changes to currently adopted amendments to improve clarity or intent. Co−adopt provisions affecting mass timber with the State Fire Marshal and California Building Standards Commission after consideration for adoption under Executive Order B−52−18. These provisions originate from International Code Council (ICC) — Tall Wood Building Proposal, which is up for adoption into the 2021 IBC in October of 2019. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. 638

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting and amending the current edition of the California Building Code based upon the most current edition of the model building code and national- ly recognized structural design standards.

Evaluation of Consistency There are no regulations being proposed that will be inconsistent or incompatible within this submittal and with current California Building Code and statutory re- quirements of the Education Code and Health and Safe- ty Code; with the exception that the provisions affecting mass timber being adopted by ICC for incorporation in- to the next model code are being proposed for adoption into this Intervening code cycle prior to becoming ef- fective in the next model code.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion DSA has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: The proposed regulations will have no mandated cost or savings to any state agency, local agency, or school district. The election to utilize mass timber as a construction method is voluntary and the cost to associated with this selection is considered to be negligible for the follow- ing reasons.

Use is dependent upon the economic via- bility of mass timber for a construction project and the environmental mindset of the project owner/developer. During the SFM Workshops on ICC’s Tall Wood Build- ing Proposals, several contractors indicated that mass timber, including Cross−laminated Timber (CLT), be- comes economical at approximately five to six stories. This is also corroborated in

Section 2.4.1 of the Mass Timber Market Analysis Completed for Council of Western States Foresters by The Beck Group (Novem- ber 2018) which indicates that CLT is most advanta- geous and competitive in terms of cost and appropriate- ness of application in buildings 6−16 stories tall. Most school or essential services building projects are one− or two−story buildings, and DSA does not anticipate these regulations to result in any significant increase in use of mass timber.

The current regulations have result- ed in one project constructed with mass timber since in- clusion in the 2016 CBC, and we would expect the same in 2019/2020. This is because mass timber is not con- sidered economically feasible for one− or two−story buildings that are typical in school and essential ser- vices building construction. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion, amendment or repeal of these regulations will not have a significant statewide adverse economic impact on businesses, including the ability of California busi- nesses to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. Through economic assessment of the proposed regu- lations, the DSA determined no significant, adverse 639

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z economic impact will directly affect businesses in the manner described by GC

Section 11346.5, subdivision (a)(8). During the SFM Workshops on ICC’s Tall Wood Building Proposals, several contractors indicated that mass timber becomes economical at approximately five to six stories. Likewise, the Mass Timber Market Analy- sis Completed for Council of Western States Foresters by The Beck Group (November 2018) indicates that CLT is most advantageous and competitive in terms of cost and appropriateness of application in buildings 6−16 stories tall.

Since use of mass timber as a means of construction is voluntary, DSA estimates one or two projects within its jurisdiction may use mass timber per year for environmental or aesthetic reasons, which is es- sentially the same number of school projects that have been constructed using CLT in the last 3 years. Mass timber is not considered economically feasible for one− or two−story buildings that are typical in school and es- sential services building construction. No other facts, evidence, documents, testimony or other evidence has been relied upon to support the ini- tial determination of no effect.

FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. The proposed regulatory action does not require a re- port by any business or agency, so the Division of the State Architect has not made a finding of necessity for public’s health, safety or welfare. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

However, future creation of mass timber industry in California may occur if these regulations increase demand in mass timber products; but, due to non−fiscal viability described above, the effect on schools and essential services buildings is expected to be negligible. B. The creation of new businesses or the elimination of existing businesses within the State of California. The Division of the State Architect has determined that this proposed action has no effect on the creation of new businesses or the elimination of existing businesses within the State of California.

However, future creation of mass timber industry in California may occur if these regulations increase demand in mass timber products; but, due to non−fiscal viability described above, the effect on schools and essential services buildings is expected to be negligible. C. The expansion of businesses currently doing business within the State of California. The Division of the State Architect has determined that this proposed action has no effect on the expansion of businesses currently doing business within the State of California.

However, future creation of mass timber industry in California may occur if these regulations increase demand in mass timber products; but, due to non−fiscal viability described above, the effect on schools and essential services buildings is expected to be negligible. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The Division of the State Architect has determined that the proposed regulatory action would have no adverse effect on the health and welfare of California residents, worker safety, and the state’s environment.

However, future creation of mass timber industry in California may occur if these regulations increase demand in mass timber products, which will improve the health of California’s forests and have a positive effect on the state’s environment. 640

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). The Division of the State Architect has determined that this proposed action has no effect on housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L. Nearman, Deputy Executive Director California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett, Principal Structural Engineer Division of the State Architect Ph. 916−322−4699 jim.hackett@dgs.ca.gov Diane C. Gould, Supervising Structural Engineer Division of the State Architect Ph. 916−324−6959 diane.gould@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REGARDING THE 2019 CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2 (HCD 01/19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et seq,. For clarity during the administrative review process, do not remove the headings or statutory references to applicable sections being completed. 641

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Cali- fornia Department of Housing and Community Devel- opment (HCD), proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), Title 24,

Part 2. HCD is proposing building standards related to the 2019 California Building Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 24, 2020, until 5:00 p.m. on June 8, 2020. Comments may be submitted to CBSC via: e−Comment form dgs.ca.gov/BSC/e−comments US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Use the e−Comment form to ensure accessibility.

Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request, no later than 15 days prior to the close of the written comment period, that a public hearing be held. The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting.

POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially, as proposed in this notice, or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC)

section 18949.5. The purpose of these building standards is to implement, interpret, or make specific the provisions of HSC sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; Civil Code sections 1101.4 and 1101.5; and Government Code sections 12955.1 and 12955.1.1.

HCD is proposing this regulatory action based on HSC sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17927, 17928, 17958.12, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1, 18873.2, 18873.3, 18873.4, 18873.5, 18938.3, 18944.11, and 19990; and Government Code

section 12955.1. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws HSC

section 17040 requires HCD to adopt building standards for employee housing for “. . . the protection of the public health, safety, and general welfare of em- ployees and the public, governing the erection, con- struction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and mainte- nance of all employee housing.” HSC

section 17921 and Government Code

section 12955.1 require HCD to propose the adoption, amend- ment, or repeal of building standards to the CBSC. HSC

section 17958.12 requires HCD to adopt regula- tions to recognize retroactive permits. HSC

section 17980.12 provides for delays in correc- tions of building violations to accessory dwelling units. Operative until January 1, 2035. HSC sections 18300 and 18865 require HCD to adopt building standards for mobilehome parks and special occupancy parks. HSC

section 19990 requires HCD to adopt building standards for factory−built housing. 642

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Government Code

section 8698 authorizes local agencies to declare a shelter crisis which will suspend state or local building standards for emergency hous- ing. Government Code

section 8698.3 specifically ad- dresses a shelter crisis for the City of San Jose requiring a minimum of 70 square feet interior space for one oc- cupant for emergency sleeping cabins as used for emer- gency bridge housing.

Summary of Existing Regulations The 2019 California Building Standards Code, title 24, California Building Code (CBC),

part 2, adopted by reference the 2018 International Building Code (IBC) with California amendments, and became effective on January 1, 2020. Existing CBC regulations specifically related to the proposed changes: Require permits to be based on building standards approved by the CBSC and in effect at the time of permit application. Require building permits to be obtained prior to the construction or alteration of buildings. Address local authority to enforce and provide a reference to the State Housing Law related to several actions available for enforcing unsafe buildings and structures. Includes

definitions to clarify terms as used within the text of the CBC. Provides a reference to specific HSC sections specifying requirements for garage door openers for new construction. Requires a 10−day notification period for informing adjacent building owners when excavating on neighboring property. Provides a voluntary Appendix O, available for adoption by local agencies, for purposes of providing minimum standards for emergency housing. When adopted as−is or as−amended by local agencies, the appendix becomes mandatory at the local level.

Summary of Effect

Summary of effect of the proposed specific changes on existing CBC regulations: Addition of text providing a reference to the use of retroactive permits for approval of existing unpermitted residential structures and recognition of the application of prior applicable building codes, in force, at or near the time of the unpermitted construction, based on the determination of the local enforcing agency. This is not a mandate and clarifies existing law and practice.

The benefit of this amendment will make clear to local enforcing agencies the ability to issue retroactive permits which will increase the number of legally permitted existing buildings that were constructed without construction permits issued by the local enforcement agency and ensure the health and safety therein. Addition of text providing a reference to special enforcement procedures related to delayed correction of building violations will allow occupancy of accessory dwelling units that need correction, but do not endanger health and safety. The text also acts as a reference to the statutory

section authorizing the delay in correction. Addition of text requiring an inspection for wood covers protecting connections in mass timber buildings.

Definitions are proposed for “accessory dwelling unit” and “mass timber” to clarify the meaning of the terms as used in new proposed text.

The definition for “wall, load−bearing” is amended to clarify application to construction Type IV−Heavy Timber. Addition of text and a reference to existing statute related to garage door openers will notify code users of prohibitions on sale, installation of garage door openers without a battery backup function and the requirement that when a garage door containing a non−battery backup function is replaced, the new garage door must include a door opener with a battery backup. Adds an exception to the minimum interior size of emergency housing structures based on discretion of the local enforcing agency.

The minimum size is reduced from 70 square feet to 53 square feet to allow use of an eight−foot square unit. Adds several new sections related to special inspections for mass timber buildings and amends some sections to and make other clarifying changes related to special inspections. Adds a method for determining fire resistance ratings for connections in mass timber buildings. Adds clarifying changes to sections addressing floors and roof decks in heavy timber buildings. Clarifies provisions addressing membrane structures to only apply to the original Type IV Heavy Timber construction type. Addition of a note to clarify that the Civil Code includes a 30−day time period for property owners to protect their property which may be impacted by adjacent excavation.

This note clarifies that a longer time period will be allowed versus the 10−day notification period in the current existing regulations. Adds new referenced standards to

Chapter 35’s list of referenced standards. These changes will affect the following programs: 643

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z

a) State Housing Law: Relative to residential occupancies, buildings or structures accessory thereto in accordance with HSC

section 17910 et seq. Relative to the Federal Fair Housing Amendment Act and state statutory accessibility requirements in accordance with Government Code sections 12955.1 and 12955.1.1, except where the application is for public accommodations only.

b) Employee Housing: relative to the use of any buildings or structures used for employee housing in accordance with HSC

section 17040.

c) Mobilehome Parks and Special Occupancy Parks: relative to the design or construction of permanent buildings and accessory buildings and structures within the park in accordance with HSC sections 18300 and 18865.

d) Factory−built Housing: relative to residential buildings, dwellings or portions thereof, or building component, or manufactured assemblies in accordance with HSC

section 19990. The standards provide consistency with model code format, state and federal laws and regulations, and con- ditions unique to California. In addition, the amend- ments provide clarity and specificity, and give direction for the code user. A discussion of the effect of the regu- lations may be found in the Initial Statement of Reasons. Comparable Federal Statute or Regulations There are no comparable federal statutes or regulations.

Policy Statement Overview The proposed regulations will adopt, amend or repeal existing building standards and establish new building standards, which will affect residential occupancies and buildings or structures accessory thereto, as provided for by federal and state accessibility requirements; the use of general design, structural, and fire and life safety requirements in housing construction, buildings and structures accessory thereto; and permanent buildings in mobilehome parks and special occupancy parks.

The benefits anticipated from this proposed regulato- ry action include updating building standards, which will result in the protection of public health and safety, worker safety, the environment and general welfare of California residents. In addition, providing for use of the most recent building technology, methods and ma- terials and applying those building standards on a statewide basis, as required by statute, results in unifor- mity in residential construction and promotes afford- able costs.

Further benefits anticipated from this pro- posed regulatory action include more opportunities for available housing by increasing awareness of the statu- tory provisions for retroactive permits, permitting oc- cupancy to continue in ADU’s and delays a building vi- olation corrections when the violation is not impactful to health and safety; and allowing additional types of structures to be used for emergency housing purposes.

Proposal of code changes related to tall wood build- ings and mass timber, implement the Governor’s Exec- utive Order B−52−18 and the Legislature’s Assembly Concurrent Resolution 102 (June 6, 2019) urging the Office of the State Fire Marshal (SFM) to adopt regula- tions for the use of mass timber products for residential and commercial building construction. Code changes proposed for tall wood buildings and use of mass timber are co−adoptions with the SFM and other state agencies.

Evaluation of Consistency HCD has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). None. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). HCD has determined that the proposed regulatory ac- tion would not impose a mandate on local agencies or school districts. HCD’s proposal does not mandate state reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by the Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or savings to any state agency: No additional costs or savings beyond those imposed by existing law. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. 644

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z D. Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings beyond those imposed by existing law. E. Cost or savings in federal funding to the state: None. Estimate: There is no additional cost of compliance for the proposed regulations. See discussions in Initial Statement of Reasons for individual sections for bene- fits and any assumptions. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the amendment/repeal of this regulation will not have a sig- nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect. HCD has made an initial determination that the amendment of these regulations will not have a signifi- cant, statewide adverse economic impact directly af- fecting businesses, including the ability of California businesses to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide, in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. HCD’s proposed regulations recognize the consider- ation and possible issuance of retroactive permits by lo- cal agencies and possible delay in correction of ADU building violations. Neither would have an adverse im- pact on businesses.

Statutory provisions related to the proposed regulations will have been in effect by the time the regulations become effective and therefore no additional costs beyond those already in existing law. In addition, the provisions related to retroactive permits address existing practices at the local agency level. The proposed regulations related to garage door openers provide references (pointers) to existing statu- tory requirements, therefore, the statutory requirement will prevail whether these regulations are adopted or not. HSC

section 19892 also prohibits the sale and in- stallation of garage door openers without battery back- up as of July 1, 2019. Therefore, there is no increased cost for compliance beyond the existing statutory re- quirement since only the garage door openers with bat- tery backup would be available for purchase and instal- lation in California. HCD has confirmed the availability of garage door openers with battery backup functions on popular hardware store websites.

The proposed regulations related to construction of tall wood buildings and use of mass timber provide an optional (voluntary) design and construction method using mass timber. The regulations do not mandate building with mass timber, therefore, there is no man- dated fiscal impact. The proposed regulations related to decreasing the allowable minimum interior floor space of emergency housing will allow the use of additional structures currently viewed as non−compliant. There- fore, the proposed regulations will not have an adverse economic impact on businesses.

FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. No reporting requirements are proposed. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: HCD is not aware of any additional cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action beyond current costs based on existing law. The use of mass timber or construction of tall wood buildings is a design option and not mandated, there- fore, the related provisions do not have mandated costs.

ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). HCD has assessed whether or not and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. These regulations will not affect the creation, or cause the elimination, of jobs within the State of California. 645

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z B. The creation of new businesses or the elimination of existing businesses within the State of California. These regulations will not affect the creation or the elimination of businesses within the State of California. However, these regulations may provide the incentive to produce cross−laminated timber in California, but according to the SFM, it is unlikely to occur within the 18−month effective period of the regulations. These proposals may create the opportunity for manufacturers to move into the state, but to what extent is unknown. C.

The expansion of businesses currently doing business within the State of California. These regulations may affect the expansion of businesses currently doing business within the State of California if the mass timber/tall wood buildings become a common design option chosen by designers and builders. The acceptance and use of this building type cannot be determined at this time. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment.

These regulations may allow occupancy of previously unpermitted structures or structures needing repair while ensuring protection of public health and safety, worker safety and the environment. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). No increased cost of compliance (from the existing statutory requirements) for the proposed California amendments. See additional information in the Initial Statement of Reasons. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). There were no feasible alternatives available to HCD. The exclusion of statutory requirements may cause con- flict within the code and confusion for code users. The Governor’s Executive Order B−52−18 directed HCD and other specified agencies to consider proposing adoption of the International Code Council’s Ad Hoc Committee on Tall Wood Buildings proposals for the intervening code cycle. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

Section 11346.5(a)(21). HCD shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law, and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−5888 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: 646

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z Emily Withers, Codes and Standards Administrator II California Department of Housing and Community Development P.O. Box 278180 Sacramento, CA 95827−8180 Telephone: (916) 263−2998 Email: Emily.Withers@hcd.ca.gov Back−up: Karla DaRosa, Associate Analyst California Department of Housing and Community Development P.O. Box 278180 Sacramento, CA 95827−8180 Telephone: (916) 263−4656 Email: Karla.Darosa@hcd.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REGARDING THE 2019 CALIFORNIA RESIDENTIAL CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2.5 (HCD 03/19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et seq. For clarity during the administrative review process, do not remove the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Cali- fornia Department of Housing and Community Devel- opment (HCD) proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), Title 24,

Part 2.5. HCD is proposing building standards related to the 2019 California Residential Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 24, 2020, until 5:00 p.m. on June 8, 2020. Comments may be submitted to CBSC via: e−Comment form dgs.ca.gov/BSC/e−comments US Mail postmarked no later than June 8, 2020: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Michael Nearman, Deputy Executive Director Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Use the e−Comment form to ensure accessibility.

POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC)

section 18949.5. The purpose of these 647

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z building standards is to implement, interpret, or make specific the provisions of HSC sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, and 19960 through 19997; and Government Code sections 12955.1 and 12955.1.1. HCD is proposing this regulatory action based on HSC sections 17040, 17050, 17920.9, 17921, 17921.5, 17921.6, 17921.10, 17922, 17922.6, 17922.12, 17922.14, 17927, 17928, 17958.12, 18300, 18552, 18554, 18620, 18630, 18640, 18670, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1, 18873.2, 18873.3, 18873.4, 18873.5, 18938.3, 18944.11, and 19990; and Government Code

section 12955.1. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws HSC

section 17921 and Government Code

section 12955.1 require HCD to propose the adoption, amend- ment or repeal of building standards to the CBSC. HSC

section 17958.12 requires HCD to adopt regula- tions to recognize retroactive permits. HSC

section 19990 requires HCD to adopt building standards for factory−built housing. Government Code

section 8698 authorizes local agencies to declare a shelter crisis which will suspend state or local building standards for emergency housing. Government Code

Summary of Existing Regulations The 2019 California Building Standards Code, title 24, California Residential Code (CRC),

part 2.5, adopt- ed by reference the 2018 International Residential Code with California amendments, became effective on Jan- uary 1, 2020. Existing CRC regulations specifically related to the proposed changes: Require permits to be based on building standards approved by the CBSC and in effect at the time of permit application. Require building permits to be obtained prior to the construction or alteration of buildings. Address local authority to enforce and provide a reference to the State Housing Law related to several actions available for enforcing unsafe buildings and structures. Includes

definitions to clarify terms as used within the text of the CRC. Provides a reference to specific HSC sections specifying requirements for garage door openers for new construction. Provides a voluntary Appendix X, available for adoption by local agencies, for purposes of providing minimum standards for emergency housing. When adopted as−is or as−amended by local agencies, the appendix becomes mandatory at the local level.

Summary of Effect

Summary of effect of the proposed specific changes on existing CRC regulations: Addition of text providing a reference to the use of retroactive permits for approval of existing unpermitted residential structures and recognition of the application of prior applicable building codes in force, at or near the time of the unpermitted construction, based on the determination of the local enforcing agency. This is not a mandate and clarifies existing law and practice.

The benefit of this amendment will increase the number of legally permitted existing buildings that were constructed without construction permits issued by the local enforcement agency. Addition of text providing a reference to special enforcement procedures related to delayed correction of building violations will allow occupancy of accessory dwelling units that need correction, but do not endanger health and safety. The text also acts as a reference to the statutory

section authorizing the delay in correction. The text does not mandate the approval of the delay. A definition is proposed for “accessory dwelling unit” to clarify the meaning of the term as used in new proposed text. Addition of text and a reference to existing statute related to garage door openers will notify code users of prohibitions on sale, installation of garage door openers without a battery backup function and requirement for replacement of non−battery 648

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z backup garage door openers when garage doors are replaced. Adds an exception to the minimum interior size of emergency housing structures based on discretion of the local enforcing agency. The minimum size is reduced from 70 square feet to 53 square feet to allow use of an eight−foot square unit. These changes will affect the following programs:

a) State Housing Law: Relative to residential occupancies, buildings or structures accessory thereto in accordance with HSC

b) Employee Housing: relative to the use of any buildings or structures used for employee housing in accordance with HSC

section 17040.

d) Factory−built Housing: relative to residential buildings, dwellings or portions thereof, or building components, or manufactured assemblies in accordance with HSC

section 19990. Comparable Federal Statute or Regulations There are no comparable federal statutes or regula- tions.

Policy Statement Overview The proposed regulations, as part of the update to the 2019 CRC, will adopt, amend or repeal existing build- ing standards and establish new building standards which will affect residential occupancies and buildings or structures accessory thereto, as provided for by fed- eral and state accessibility requirements; the use of gen- eral design, structural, and fire and life safety require- ments in housing construction, buildings and structures accessory thereto; and permanent buildings in mobile- home parks and special occupancy parks.

The benefits anticipated from this proposed regulato- ry action include updating building standards, which will result in the protection of public health and safety, worker safety, the environment and general welfare of California residents. In addition, providing for use of the most recent building technology, methods and ma- terials and applying those building standards on a statewide basis, as required by statute, results in unifor- mity and promotes affordable costs and delays in con- struction; and allows additional structures to be used for emergency housing purposes.

Evaluation of Consistency HCD has determined that the proposed regulations are not inconsistent or incompatible with existing State regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). None. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by the Department of Finance, of cost or savings to any state agency, local agency, or school dis- trict. A. Cost or savings to any state agency: No additional costs or saving beyond those imposed by existing law. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. D. Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings beyond those imposed by existing law. E. Cost or savings in federal funding to the state: None. Estimate: There is no additional cost of compliance for the proposed regulations. See discussions in the Ini- tial Statement of Reasons for individual sections for benefits and any assumptions. 649

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 17-Z INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. HCD has made an initial determination that the amendment of these regulations will not have a signifi- cant statewide adverse economic impact on businesses, including the ability of California businesses to com- pete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

In addition, the provisions related to retroactive permits address exist- ing practices at the local agency level. The proposed regulations related to garage door

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2020, No. 17
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	b49bb2f353dd0225493f75401ba4d16bce727d4e

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