Bill Text: CA AB2373 | 2009-2010 | Regular Session | Introduced
Bill Title: Building standards: plans and specifications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-22 - Read first time. [AB2373 Detail]
Download: California-2009-AB2373-Introduced.html
BILL NUMBER: AB 2373 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 19, 2010
An act to amend Section 19870 of the Health and Safety Code,
relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2373, as introduced, Hall. Building standards: plans and
specifications.
Existing law prohibits an enforcement agency, as a result of
construction inspection, from imposing a new or modified building
standard different from those specified in the plans and
specifications approved during plan checking functions for which a
building permit is issued, except as prescribed.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19870 of the Health and Safety Code is amended
to read:
19870. (a) As a result of construction inspection, an enforcement
agency shall not impose a new or modified building standard
different from those specified in the plans and specifications
approved during plan checking functions for which a building permit
is issued, unless the enforcement agency determines that any of the
following apply:
(1) The standard is necessary to correct a violation of the
governing code or standard and to protect the public health or
safety.
(2) The plans and specifications did not reference the standard or
were not in sufficient detail.
(3) There is a deviation, addition, or deletion from the plan.
(4) There are modifications to the plan by the permittee.
(5) The permit is deemed expired because the building or work
authorized by the permit is not commenced within 180 days from the
date of the permit, or the permittee has suspended or abandoned the
work authorized by the permit at any time after the work is
commenced.
(6) The permit is deemed suspended or revoked pursuant to
subdivision (e) of Section 303 of the latest adopted version of the
Uniform Building Code.
(b) As used in this chapter:
(1) "Building standard" means a building standard as defined in
Section 18909, or other standard adopted by a local agency pursuant
to Section 17958 or subdivision (c) of Section 18941.5, that was
effective on the date of the application for the building permit.
(2) "Enforcement agency" means any a
department of a local agency that has the authority to inspect a
construction or renovation project and enforce health, safety, or
building codes including, but not limited to, the building department
or building division, the fire department or fire district, and the
health department.
(3) "Local agency" means a city, county, or city and county.
(4) "Plans and specifications" mean the plans, drawings, and
specifications for a construction or renovation project, for which a
building permit was issued, which relates to buildings classified for
occupancy as a building of Group A, B, and R-1, pursuant to the
1991, Edition of the Uniform Building Code of the International
Conference of Building Officials.
(5) "Building inspector" means any an
employee or contractor of an enforcement agency who performs
inspections of a construction or renovation project for the purpose
of assuring compliance with adopted uniform building codes and
standards.
(6) "Supervisor" means any an
employee of any an enforcement agency
to whom a building inspector reports and who is responsible for
reviewing a building inspector's project approvals or denials or
modification orders.
(7) "Permittee" means a building owner, building property manager,
or authorized representative to whom a building permit is issued by
the enforcement agency.
(c) (1) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (1) of subdivision (a), the building inspector, within two
working days of ordering the standard shall provide the permittee, in
writing on a form prescribed by the enforcement agency, a
description of the specific threat to public health and safety and
the section of the applicable building code or standard that has been
violated or not complied with, and the interpretations and reasons
for differing from the approved plans and specifications.
(2) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (2) of subdivision (a), the building inspector, within two
working days of ordering the standard, shall provide the permittee,
in writing on a form prescribed by the enforcement agency, the
applicable building code or standard that has been violated or not
complied with, and a description of how that standard is applicable
and necessary to the construction or renovation project for which the
building permit is issued.
(3) If an enforcement agency requires that a new or modified
building standard be met pursuant to the condition set forth in
paragraph (3) or (4) of subdivision (a), the building inspector,
within two working days of ordering the standard, shall provide the
permittee, in writing on a form prescribed by the enforcement agency,
the applicable building code or standard that has been violated or
not complied with, and the deviations, additions, or deletions from,
or the modifications to, the plan, as the case may be, which results
in a violation or noncompliance with an applicable building code or
standard.
(d) If an enforcement agency requires a new or modified building
standard that the permittee certifies to the enforcement agency would
result in a cumulative increase in the overall cost of the
construction or renovation project of 10 percent or more, all
findings made by a building inspector pursuant to subdivision (c)
shall be reviewed and approved in writing by the supervisor of the
construction inspector within five working days of the order for a
new or modified building standard. No certificate of occupancy may be
denied if the findings of a construction supervisor are not so
approved.
(e) A copy of all findings made by the building inspector pursuant
to subdivision (c) shall be sent to the department within the local
agency that is responsible for reviewing and approving the plans and
specifications during the plan checking functions for which the
building permit is issued.
(f) Compliance with subdivisions (c) and (d) shall not be required
if, at the time an enforcement agency imposes a new or modified
building standard, the building inspector, the building inspector's
supervisor, and the permittee consult with one another within two
working days of imposing the standard, and the permittee agrees with
the enforcement agency's order.
