Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 1 CCR, Title 24 NOTICE OF PROPOSED CHANGES TO BUILDING STANDARDS OF THE CALIFORNIA BUILDING STANDARDS COMMISSION REGARDING THE CALIFORNIA BUILDING STANDARDS CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24 Notice is hereby given that the California Building Standards Commission proposes to adopt, amend, repeal, approve, codify, and publish building standards proposed and submitted for the 2007 Annual Code Adoption Cycle of the California Building Standards Code (California Code of Regulations [CCR], Title 24). The California Building Standards Code is comprised of Part 1 (California Administrative Code), Part 2 (California Building Code), Part 3 (California Electrical Code), Part 4 (California Mechanical Code), Part 5 (California Plumbing Code), Part 6 (California Energy Code), Part 7 (California Elevator Safety Construction Code), Part 8 (California Historical Building Code), Part 9 (California Fire Code), Part 10 (California Code for Building Conservation), and Part 12 (California Referenced Standards Code). The building standards being proposed by the California Building Standards Commission (CBSC), Department of Housing and Community Development (HCD), Division of the State Architect (DSA), Office of Statewide Health Planning and Development (OSHPD), and the Office of the State Fire Marshal (SFM) are for incorporation into CCR, Title 24, Parts 1, 2, 3, 4, 5, and 9. Green building standards are being proposed for this code cycle for the first time by CBSC, HCD, DSA (Structural Safety), and OSHPD. Primarily voluntary, they are proposed to be housed in Part 11 of CCR, Title 24, currently vacant, under the title 2007 California Green Building Standards Code. This notice concerns Parts 1, 2, 3, 4, 5, 9, and 11 of CCR, Title 24 as proposed by the agencies listed below. Summaries of the proposed actions and their impacts are listed by proposing agency in the appendix portion of this notice, as follows: Appendix A CBSC Appendix B HCD Appendix C SFM Appendix D Division of the State Architect, Structural Safety Division (DSA-SS) Appendix E Division of the State Architect, Access Compliance (DSA-AC) Appendix F OSHPD WRITTEN COMMENT PERIOD A public hearing has not been scheduled; however, written comments will be accepted from March 28 until 5:00 p.m. on May 12, 2008. Comments may be made using the form on CBSC’s web site at www.bsc.ca.gov/ and either mailed or faxed to: California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Attention: Thomas L. Morrison, Deputy Executive Director Written comments may be faxed to (916) 263-0959 or emailed to CBSC@dgs.ca.gov/ . Public Hearing Request Pursuant to Government Code (GC) Section 11346.5(a)17, 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. Post-Hearing Modifications to the Text of the Regulations Following the written 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 notice of proposed Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 2 CCR, Title 24 changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the resulting standards. NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE California Building Standards Commission The California Building Standards Commission proposes to adopt these building standards under the authority granted by Health and Safety Code (H&SC) Sections 16600, 18928, 18934.5, 18934.6, and 18938(b) and Government Code Section 14617. The purpose of these building standards is to implement, interpret, and make specific the provisions of H&SC, Sections 16600 through 16604 and Division 13, Part 2.5, commencing with Section 18901; and Government Code Sections 14617. Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: CBSC has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation or class of regulations. Department of Housing and Community Development The CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code Section 18949.5. HCD is proposing this regulatory action based on Health and Safety Code Sections 17040, 17921, 17922, and 19990; and Government Code Section 12955.1. The purpose of these building standards is to implement, interpret, and make specific the provisions of Health and Safety Code Sections 17000-17060, 17910-17990, 18300, 18670, 18865, 18873.3 and 19960-19998; and Government Code Section 12955.1. Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: None Office of the State Fire Marshal The California Building Standards Commission proposes to adopt these building standards under the authority granted by Health and Safety Code section 18949.2. The purpose of these building standards is to implement, interpret, and make specific the provisions of Health and Safety Code section 18929.1. The SFM is proposing this regulatory action pursuant to Health and Safety Code Sections 17921, 18897.3, 13108, 13211, 13113, 13113.5, 13114, 13132.7, 13133, 13135, 13143, 13143.1, 13143.6, 13143.9, and 13146 Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: SFM has determined that there are no other matters prescribed by statute applicable to this agency or to any specific regulation or class of regulation as previously amended and or adopted by the SFM. Division of the State Architect, Structural Safety Division The California Building Standards Commission proposes to adopt these building standards on behalf of DSA-SS under the authority granted by Health and Safety Code Section 18928. The purpose of these building standards is to implement, interpret, and make specific the provisions of Health and Safety Code Sections 16000-16023 and Education Code Sections 17280-17317 and 81130-81147. The Division of the State Architect is proposing this regulatory action based on Health and Safety Code Section 16022 and Education Code Sections 17310 and 81142. Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: There are no other matters prescribed by statute applicable to the Division of the State Architect, or to any specific regulation or class of regulations. Division of the State Architect, Access Compliance The CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code Sections 18930 and 18949.1. Any responsibilities of the State Architect to adopt regulations relating to building standards are transferred to the CBSC per Health and Safety Code Section 18949. The purpose of these building standards is to implement, interpret, and make specific the provisions of Government Code Sections (GC§) 4450 through 4461, 12955.1 and 14679; Health and Safety Code Section (H&SC§) 18949.1 and 19952 through 19959; and Vehicle Code Section 22511.8. DSA-AC is proposing this regulatory action based on GC§ 4450. Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: There are no other matters prescribed by statute applicable to the DSA/AC, or to any specific regulation or class of regulations. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 3 CCR, Title 24 Office of Statewide Health Planning and Development The California Building Standards Commission proposes to adopt these building standards under the authority granted by Health and Safety Code Section 18949.3. The purpose of these building standards is to implement, interpret, and make specific the provisions of Health and Safety Code Sections 1226, 1275, 129790 & 129850. The OSHPD is proposing this regulatory action based on Health and Safety Sections 1226, 1275, 129790 & 129850 and Government Code Section 11152.5. Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations: There are no other matters to be identified. INFORMATIVE DIGEST Summary of existing laws and regulations State Building Standards Law, H&SC Sections 18929 and 18930 require that building standards, including regulations that apply directly to the implementation or enforcement of building standards, be forwarded to CBSC for adoption and/or approval. H&SC Section 18929.1 requires CBSC to receive the building standards from state agencies for consideration in an annual code adoption cycle. Each regulation shall be adopted in compliance with the procedures specified in H&SC Section 18930 and in GC, Title 2, Division 3, Part 1, Chapter 3.5, Article 5 (commencing with Section 11346). H&SC Sections 18949.1, 18949.2, 18949.3 and 18949.5 transfer the responsibilities to CBSC for adopting regulations relating to building standards proposed by DSA-AC, DSA-SS, HCD, OSHPD and SFM. Under the authority granted by these provisions of law, CBSC proposes this rulemaking. CBSC is charged with the responsibility to adopt regulations that ensure adequate public participation in the development of building standards prior to submittal to the Commission for adoption and/or approval. In addition, the law requires that the regulations ensure adequate technical review of the proposed building standards by advisory bodies appointed by CBSC. The proposed building standards being noticed were reviewed by advisory bodies of the Commission between January 10 and March 4, 2008 in Sacramento, California. The recommendations made by these committees are incorporated into the express terms. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) Effect of this rulemaking This rulemaking proposes to: 1. Amend, repeal, approve, codify and publish administrative regulations contained in CCR, Title 24, Parts 2, 5, and 11 for CBSC. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) 2. Amend, repeal, approve, codify and publish administrative regulations contained in CCR, Title 24, Parts 2, 5, and 11 for HCD. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) 3. Amend, repeal, approve, codify and publish building regulations contained in CCR, Title 24, Parts 2, 4 and 9 for SFM. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) 4. Amend, repeal, approve, codify and publish referenced standards contained in CCR, Title 24, Parts 5 and 11 for DSA-SS. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) 5. Amend, repeal, approve, codify and publish building regulations contained in CCR, Title 24, Part 2 for DSA-AC. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) 6. Amend, repeal, approve, codify and publish administrative regulations contained in CCR, Title 24, Parts 1, 2, 3, 4 , 5, and 11 for OSHPD. (Note: See the informative digests for each state agency in the appendices for specific details on the effect of the proposals.) FISCAL IMPACT Estimate of Cost or Savings See appendices. Cost Impact on Representative Private Persons or Businesses See appendices. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 4 CCR, Title 24 Initial Determination of Significant Effect on Housing Costs See appendices. Mandate on Local Agencies or School Districts See appendices. ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses See appendices. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation See appendices. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE: The state agencies have made an assessment of the proposal regarding the economic impact of recordkeeping and reporting requirements and have determined that a report pursuant to Government Code Section 11346.3(c) is not required. ALTERNATIVES CONSIDERED The state agencies involved in this rulemaking must determine that no reasonable alternative considered by the state agency or that has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action is being proposed or would be as effective and less burdensome to affected private persons than the proposed action. AVAILABILITY OF RULEMAKING DOCUMENTS Each agency has prepared, and CBSC has available for public review, Initial Statements of Reasons (ISOR) for the proposed actions, information upon which the proposals are based, and the regulation text. The ISOR and the regulation text can be accessed from CBSC’s website at www.bsc.ca.gov/ . Hard copies may be requested by contacting CBSC or the state agency proposing the regulations. Interested parties may obtain a copy of the Final Statement of Reasons, which summarizes objections or recommendations made regarding the regulatory actions and explains how the proposed actions have been changed to accommodate the objections or recommendations, when available, from either CBSC or CBSC’s website. CONTACT INFORMATION FOR QUESTIONS CBSC Contact Person for Procedural and Administrative Questions Specific questions regarding the regulations should be addressed to the following department contact person: Jane Taylor, Senior Architect Jane.Taylor@dgs.ca.gov (916) 263-0916 (916) 263-0959 FAX Dave Walls, Executive Director Dave.Walls@dgs.ca.gov (916) 263-0916 (916) 263-0959 FAX Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 5 CCR, Title 24 Contact Persons for Substantive and/or Technical Questions on the Proposed Changes to Building Standards Specific questions regarding the standards should be addressed to the following department contact persons: CBSC Michael Nearman (916) 263-5888 Russell Frank (916) 263-5383 (916) 263-0959 FAX Michael.Nearman@dgs.ca.gov Russell.Frank@dgs.ca.gov HCD Doug Hensel (916) 445-9471 Jim McGowan (916) 445-9471 (916) 327-4712 FAX dhensel@hcd.ca.gov jmcgowan@hcd.ca.gov SFM Kevin Reinertson (916) 445-8200 (916) 445-8459 FAX Kevin.Reinertson@fire.ca.gov DSA SS Richard Conrad (916) 324-7180 Howard “Chip” Smith (916) 323-8008 (916) 327-3371 FAX Richard.Conrad@dgs.ca.gov Howard.Smith@dgs.ca.gov DSA AC Richard Conrad (916) 324-7180 Aaron Noble (916) 445-4310 (916) 445-7658 FAX Richard.Conrad@dgs.ca.gov Aaron.Noble@dgs.ca.gov OSHPD Duane Borba (916) 654-3139 (916) 653-2973 FAX regsunit@oshpd.ca.gov Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 6 CCR, Title 24 APPENDIX A CODE CHANGE SUBMITTAL PROPOSED BY THE CALIFORNIA BUILDINGS STANDARDS COMMISSION BSC P-1/08 Part 2 BSC 01/07 Part 5 BSC 02/07 Part 11 INFORMATIVE DIGEST Summary of Existing Laws H & SC §16600. Building seismic retrofit guidelines for state buildings; seismic retrofit building standards Authorizes CBSC and the Division of the State Architect to develop building seismic retrofit guidelines for existing state buildings. H & SC §18928. Model code, national standard, or specification; adoption of and reference to the most recent addition; date of publication; committee Authorizes the commission to adopt the most recent edition of the International Building Code, and requires that state agencies propose the adoption within one year of publication of a model code. H & SC §18928.1. Building Standards; incorporation of model codes, applicable national specifications or published standards; publication agreement Sets forth that the commission shall incorporate text of the model code only by reference, unless otherwise established in a publication agreement between the commission and the model code organization. H & SC §18934.5. Standards for state buildings; adoption, approval, codification and publication Authorizes CBSC to adopt and publish building standards applicable to state buildings, including state university buildings and, to the extent permitted by law, University of California buildings. H & SC §18938(b). Filing and codification; publication; effective date; emergency standards; application of section Sets forth that building standards contained in model codes as referenced in the California Building Standards Code shall apply to occupancies throughout the state and shall become effective 180 days after publication or at a later date after publication established by the commission. GC 14617. Lighting for college campus parking lots and walkways; standards; adoption of regulations Mandates that CBSC adopt and publish regulations for lighting for parking lots and primary campus walkways at the University of California, California State University, and California Community Colleges. Summary of Existing Regulations BSC P-1/08. The existing 2007 California Building Code is Part 2 of CCR, Title 24 and incorporates, by adoption by CBSC, the 2006 International Building Code of the International Code Council. This code provides minimum building standards to safeguard public welfare for local jurisdictions within the state of California and for state owned buildings and buildings constructed by the University of California and California State Universities. It contains references in Chapter 16 to ASCE 7 for calculating building loads, including wind. BSC 01/07. The existing 2007 California Plumbing Code is a part of the California Code of Regulations, Title 24, also referred to as the California Building Standards Code and incorporates, by adoption, by the California Building Standards Commission, the 2006 Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials with amendments for state owned buildings & buildings constructed by the University of California and California State Universities. BSC 02/07. California Code of Regulations, Title 24, also referred to as the 2007 California Building Standards Code incorporates Part 5, the California Plumbing Code, with Appendix G for graywater irrigation standards authored by Department of Water Resources. Part 6, the California Energy Code, contains minimum energy efficiency standards for non-residential buildings in California promulgated by the California Energy Commission (CEC). Title 20, Article 4, Appliance Efficiency regulations, contains CEC standards for water consumption of widely used plumbing fixtures. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 7 CCR, Title 24 Summary of Effect BSC P-1/08. The proposed action would amend Part 2 of Title 24 (2007 California Building Code) to simplify ASCE 7 wind loading calculations in Chapter 16 for qualifying buildings within the authority of CBSC. BSC 01/07. The proposed action would amend Part 5 of Title 24 (2007 California Plumbing Code) by repealing amendments contained in Sections 604.11 and Table 6-4, which prescribe CBSC’s non-adoption of model plumbing code provisions regulating the use of PEX water supply piping. CBSC proposes to adopt CPC Sections 604.11, 604.11.1, 604.11.2 and Table 6-4 regarding the use of PEX in potable water supply systems. BSC 02/07. This proposed action will make effective voluntary green building standards available in Title 24, Part 11 for buildings under authority of CBSC, on a date commensurate with the 2007 annual code adoption cycle, either 180 days after publication in Title 24 or at a later date to be determined by CBSC. FISCAL IMPACT ESTIMATE OF COST OR SAVINGS A. Cost or Savings to any state agency: None 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: None E. Cost or savings in federal funding to the state: None Estimate: None COST IMPACT ON REPRESENTIVE PRIVATE PERSON OR BUSINESS CBSC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. INITIAL DETERMINATION OF SIGNIFICANT EFFECT ON HOUSING COSTS CBSC has made an initial determination that this proposal would not have a significant effect on housing costs. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS CBSC has determined that the proposed regulatory action would impose a mandate on local agencies or school districts. However, the mandate does not require reimbursement pursuant to Part 7 (commencing with §17500) of Division 4, Government Code. H & SC §18928 requires CBSC to adopt the most current edition of the model codes. ECONOMIC IMPACT INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES CBSC has made an initial determination that the adoption of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION CBSC has assessed whether or not and to what extent this proposal will affect the following:  The creation or elimination of jobs within the State of California. This regulation will not affect the creation or elimination of jobs within the State of California.  The creation of new businesses or the elimination of existing businesses within the State of California. This regulation will not affect the creation or elimination of existing businesses within the State of California.  The expansion of businesses currently doing business with the State of California. This regulation will not affect the expansion of businesses currently doing business within the State of California. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 8 CCR, Title 24 APPENDIX B CODE CHANGE SUBMITTAL PROPOSED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT HCD 02/07 Part 2 HCD 01/07 Part 5 HCD 03/07 Part 11 INFORMATIVE DIGEST Summary of Existing Laws Section 17921 of the Health and Safety Code and Section 12955.1 of the Government Code require HCD to propose the adoption, amendment, or repeal of building standards by the CBSC. Section 17922 of the Health and Safety Code requires that the building standards be essentially the same as the most recent editions of the uniform industry codes. The CBSC is authorized to adopt these building standards under the authority granted by Health and Safety Code Section 18949.5. Health and Safety Code Section 17922 states that the most recent editions of the uniform codes referred to in the section shall be considered to be adopted one year after the date of publication of the uniform codes. Health and Safety Code Section 17040 requires HCD to adopt building standards for employee housing for "… the protection of the public health, safety, and general welfare of employees and the public, governing the erection, construction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and maintenance of all employee housing." Health and Safety Code Sections 18300, 18620, 18640, 18865, 18865.3, 18873 and 18873.2 require HCD to adopt building standards for mobilehome parks and special occupancy parks. Health and Safety Code Section 19990 requires HCD to adopt building standards for factory-built housing. Summary of Existing Regulations HCD 02/07 Part 2. The California Building Code, Part 2 of Title 24 of the California Code of Regulations (CCR), also known as the California Building Standards Code, adopted by reference the 2006 International Building Code with California amendments, effective on January 1, 2008. The purpose of this code is to establish the minimum requirements necessary to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, accessibility, use and occupancy, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. HCD 01/07 Part 5. The California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations (CCR), also known as the California Building Standards Code, adopted by reference the 2006 Uniform Plumbing Code with California amendments, effective on January 1, 2008. The purpose of this code is to establish the minimum requirements necessary to safeguard the public health, safety and general welfare. HCD 03/07 Part 11. The California Green Building Standards Code, Part 11 of Title 24 of the California Code of Regulations (CCR), also known as the California Building Standards Code, is a new code to be published for the first time in 2008. The California Green Building Standards Code (CGBC) references existing codes, such as the California Building Code, California Electrical Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code and California Code of Regulations, Title 19, Division 1, in addition to including standards designed to address unique California conditions. Summary of Effect HCD 02/07 Part 2. HCD proposes to amend the 2007 edition of the California Building Code (CBC), CCR, Title 24, Part 2 for housing accessibility and structural design for the programs listed below. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 9 CCR, Title 24 a) State Housing Law: relative to residential occupancies, buildings or structures accessory thereto and as provided for through the federal Fair Housing Amendments Act and state law accessibility requirements, except where the application is for public use only. b) Employee Housing Act: relative to the occupancy of any buildings or structures on the property in accordance with Health and Safety Code Section 17040. c) Mobilehome Parks or Special Occupancy Parks: relative to the design or construction of permanent buildings and accessory buildings and structures within the park in accordance with Health and Safety Code Sections 18300, 18620, 18640, 18865, 18865.3, 18873 and 18873.2. d) Factory-Built Housing Law: relative to residential buildings, dwellings or portions thereof, or building components, or manufactured assemblies in accordance with Health and Safety Code Section 19990. HCD 01/07 Part 5. HCD proposes to amend the 2007 edition of the California Plumbing Code (CPC), CCR, Title 24, Part 5, for the programs listed below. a) State Housing Law: relative to residential occupancies, buildings or structures accessory thereto and as provided for through the federal Fair Housing Amendments Act and state law accessibility requirements, except where the application is for public use only. b) Employee Housing Act: relative to the occupancy of any buildings or structures on the property in accordance with Health and Safety Code Section 17040. c) Mobilehome Parks or Special Occupancy Parks: relative to the design or construction of permanent buildings and accessory buildings and structures within the park in accordance with Health and Safety Code Sections 18300, 18620, 18640, 18865, 18865.3, 18873 and 18873.2. d) Factory-Built Housing Law: relative to residential buildings, dwellings or portions thereof, or building components, or manufactured assemblies in accordance with Health and Safety Code Section 19990. HCD 03/07 Part 11. HCD proposes to adopt the 2007 edition of the California Green Building Standards Code (CGBC), CCR, Title 24, Part 11 for the following programs: a) State Housing Law: relative to residential occupancies, buildings or structures accessory thereto. b) Employee Housing Act: relative to the occupancy of any buildings or structures on the property in accordance with Health and Safety Code Section 17040. c) Factory-Built Housing Law: relative to residential buildings, dwellings or portions thereof, or building components, or manufactured assemblies in accordance with Health and Safety Code Section 19990. The amendments in Title 24 provide consistency with model code format, state and federal laws and regulations, and unique California conditions. In addition, the amendments provide clarity and specificity, and give direction for the code user. An in-depth discussion of the effect of the amendments may be found in the Initial Statement of Reasons. FISCAL IMPACT Estimate of Cost or Savings Cost or Savings to any state agency: Health and Safety Code Section 17922 requires HCD to adopt by reference the most recent edition of the model building code. Health and Safety Code Section 17921 requires HCD to propose the adoption, amendment or repeal of building standards by the California Building Standards Commission (CBSC). At the direction of the Governor, HCD collaborated with the CBSC and other state agencies to develop green building standards. This action will result in a minimal cost to HCD which will be absorbed in the current budget. A. Cost to any local agency required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4: NONE. B. Cost to any school district required to be reimbursed under Part 7 (commencing with Section 17500) of Division 4: NONE. C. Other nondiscretionary cost or savings imposed on local agencies: NONE. D. Cost or savings in federal funding to the state: NONE. Estimate: HCD believes that any additional expenditure resulting from this proposed action will be minimal and will be able to be absorbed within existing budgets and resources. Cost Impact on Representative Private Person or Business HCD is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Initial Determination of Significant Effect on Housing Costs Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 10 CCR, Title 24 HCD has made an initial determination that this proposal would not have a significant effect on housing costs. The CBSC contact person designated below will make HCD’s initial evaluation of the effect of the proposed regulatory action on housing costs available upon request. Mandate on Local Agencies or School Districts HCD has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. Therefore, it does not mandate state reimbursement pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code. ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses HCD has made an initial determination that the proposed action will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states. The CBSC contact person designated below will make HCD’s initial determination of the effect of the proposed regulatory action on businesses available upon request. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation HCD has initially assessed whether or not, and to what extent, this proposal will affect the following: • 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. • 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. • 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. The CBSC contact person designated below will make HCD’s initial determination of the effect of the proposed regulatory action on businesses available upon request. APPENDIX C CODE CHANGE SUBMITTAL PROPOSED BY THE OFFICE OF THE STATE FIRE MARSHAL SFM 01/07 and SFM EF 02/07 Part 2 SFM 02/07 Part 4 SFM 03/07 Part 9 INFORMATIVE DIGEST (SFM) Summary of Existing Laws Health and Safety Code Section 13108 (a) The State Fire Marshal shall prepare and adopt building standards related to the means of egress, the installation of fire alarms and fire extinguishing systems in any state-owned building or in any state-occupied building. Health and Safety Code Section 13113 A automatic sprinkler system shall be installed in all 24-hour institutional type occupancies, and homes for the care of aged or senile persons. Health and Safety Code Section 13113.5 The State Fire Marshal Shall adopt regulations requiring the installation of automatic smoke detectors in all facilities which provide 24-hour per day care, which house six or fewer persons, and which do not have automatic sprinkler systems. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 11 CCR, Title 24 Health and Safety Code Section 13114 (a) The State Fire Marshal shall adopt regulations and standards to control the quality and installation of fire alarm systems and fire alarm devices marketed, distributed, offered for sale, or sold in this state, and that no person shall market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. Health and Safety Code Section 13132 Every person, firm, or corporation maintaining or operating any facility for the care of the mentally handicapped shall file a statement with the fire authority having jurisdiction within five days of the admission or readmission of a patient stating that such patient is an ambulatory or a nonambulatory person and enumerating the reasons for such classification. Such a statement shall also be filed for each existing patient within 30 days of the effective date of this section. Any statement required to be filed pursuant to this section shall be certified as to its correctness by the person attending such patient. It shall be unlawful for any person, firm, or corporation required to file a statement pursuant to this section to include false statements therein. Any such act shall be in violation of this section and subject to the provisions of Section 13112. Health and Safety Code Section 13132.7 Mandates fire retardant roof coverings in fire hazard severity zones. Health and Safety Code Section 13133 (a) The State Fire Marshal shall develop and adopt regulations establishing new occupancy classifications and specific fire safety standards appropriate for residential facilities, and residential care facilities for the elderly. These fire safety standards shall apply uniformly throughout the state. Health and Safety Code Section 13135 The State Fire Marshal shall adopt regulations for alcoholism or drug abuse recovery or treatment facilities based on whether the residents or patients of the facilities are nonambulatory. Health and Safety Code Section 13143 grants the State Fire Marshal authority to prepare and adopt regulations establishing minimum requirements for the prevention of fire and for the protection of life and property against fire and panic in any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution not otherwise excluded from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy where 50 or more persons may gather together in a building, room, or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education. Health and Safety Code Section 13143.1 (a) The State Fire Marshal shall prepare, adopt, and submit building standards for establishing minimum requirements for the prevention of fire and for the protection of life and property against fire and panic in any motion picture or television production facility. Health and Safety Code Section 13143.6 (a) The State Fire Marshal shall prepare and adopt regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire in any building or structure used intended for use as a home or institution for the housing of any person of any age for protective social care and supervision services by any governmental agency, certified family care homes, out-of-home placement facilities, and halfway houses. Health and Safety Code Section 13143.9 (a) The State Fire Marshal shall prepare, adopt, and submit building standards and other fire and life safety regulations establishing minimum requirements for the storage, handling, and use of hazardous materials. Health and Safety Code Section 13211 The State Fire Marshal shall prepare and adopt building standards relating to fire and panic safety in high-rise structures. Health and Safety Code Section 17921 (b) The State Fire Marshal shall adopt, amend, or repeal and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5, and the State Fire Marshal shall adopt, amend, and repeal other rules and regulations for fire and panic safety in all hotels, motels, lodging houses, apartment houses and dwellings, buildings, and structures accessory thereto. These building standards and regulations shall be enforced pursuant to Sections 13145 and 13146; however, this section is not intended to require an inspection by a local fire agency of each single-family dwelling prior to its occupancy. Health and Safety Code Section 18928 (a) requires each state agency adopting or proposing adoption of a model code, national standards, or specification shall reference the most recent edition of applicable model codes, national standards, or specifications. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 12 CCR, Title 24 Health and Safety Code Section 18897.3 Except as provided in Section 18930, the State Fire Marshal shall adopt minimum fire safety regulations for organized camps in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The State Fire Marshal shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of this division for the purposes described in this section. Health and Safety Code Section 18949.2 (b) The State Fire Marshal shall remain the state agency responsible for developing building standards to implement the state' s fire and life safety policy. In its role as the fire and life safety standard developing agency, the State Fire Marshal shall continue its existing activities and forums designed to facilitate compromise and consensus among the various individuals and groups involved in development of the state's codes related to fire and life safety. (c) The state's fire and life safety building standards, as developed by the State Fire Marshal and as adopted by the commission, shall continue to be based on the state's fire and life safety policy goals and mandates as they existed prior to the enactment of this chapter and as they are amended. Summary of Existing Regulations SFM 01/07 and SFM EF 02/07 Part 2 The State Fire Marshal currently adopts and enforces the 2007 California Building Code as part of Title 24, CCR, Part 2; with specific amendments relating to fire and panic safety in SFM regulated occupancies. SFM 02/07 Part 4 The State Fire Marshal currently adopts and enforces the 2007 California Mechanical Code as part of Title 24, CCR, Part 4; with specific amendments relating to fire and panic safety in SFM regulated occupancies. SFM 03/07 Part 9 The State Fire Marshal currently adopts and enforces the 2007 California Fire Code as part of Title 24, CCR, Part 9; with specific amendments relating to fire and panic safety in SFM regulated occupancies. Summary of Effect SFM 01/07 and SFM EF 02/07 Part 2 The general purpose of this proposed action is principally intended to update the California Building Code (California Code of Regulations, Title 24, Part 2) based upon updated information or recent actions of the OSFM. This proposed action: • Repeal amendments to the 2006 International Building Code and/or California Building Standards not addressed by the model code that are no longer necessary nor justified pursuant with Health and Safety Code 18930(a)(7). • Adopt and implement additional necessary amendments to the 2006 International Building Code that address inadequacies of the 2006 International Building Code as they pertain to California laws. • Bring forward previously existing California amendments, which represent no change in their effect from the 2001 California Building Code. Some of the existing California amendments will be amended as follows: ?? Renumbering in order to fit into the newly adopted text of the 2006 International Building Code. ?? Adding or changing the references to the application authority of SFM. ?? Language changes for clarification of existing law. ?? Not adopting into the text of the 2006 International Building Code . • Codify non-substantive editorial and formatting amendments to the 2007 California Building Code. SFM 02/07 Part 4 The general purpose of this proposed action is principally intended to update the California Mechanical Code (California Code of Regulations, Title 24, Part 4) based upon updated information or recent actions of the OSFM, State Law or Federal law. This proposed action: • Repeal amendments to the 2006 Uniform Mechanical Code and/or California Building Standards not addressed by the model code that are no longer necessary nor justified pursuant with Health and Safety Code 18930(a)(7). • Adopt and implement additional necessary amendments to the 2006 Uniform Mechanical Code that address inadequacies of the 2006 Uniform Mechanical Code as they pertain to California laws. • Bring forward previously existing California amendments, which represent no change in their effect from the 2001 California Mechanical Code. Some of the existing California amendments will be amended as follows: ?? Renumbering in order to fit into the newly adopted text of the 2006 Uniform Mechanical Code. ?? Adding or changing the references to the application authority of SFM. ?? Language changes for clarification of existing law. ?? Not adopting into the text of the 2006 Uniform Mechanical Code. • Codify non-substantive editorial and formatting amendments to the 2007 California Mechanical Code. SFM 03/07 Part 9: The general purpose of this proposed action is principally intended to update the California Fire Code (California Code of Regulations, Title 24, Part 9) based upon updated information or recent actions of the OSFM, State Law or Federal law. This proposed action: Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 13 CCR, Title 24 • Repeal amendments to the 2006 International Fire Code and/or California Building Standards not addressed by the model code that are no longer necessary nor justified pursuant with Health and Safety Code 18930(a)(7). • Adopt and implement additional necessary amendments to the 2006 International Fire Code that address inadequacies of the 2006 International Fire Code as they pertain to California laws. • Bring forward previously existing California amendments, which represent no change in their effect from the 2001 California Fire Code. Some of the existing California amendments will be amended as follows: ?? Renumbering in order to fit into the newly adopted text of the 2006 International Fire Code. ?? Adding or changing the references to the application authority of SFM. ?? Language changes for clarification of existing law. ?? Not adopting into the text of the 2006 International Fire Code . • Codify non-substantive editorial and formatting amendments to the 2007 California Fire Code. FISCAL IMPACT Estimate of Cost or Savings 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 Cost Impact on Representative Private Persons or Businesses The SFM is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Initial Determination of Significant Effect on Housing Costs The SFM has made an initial determination that this proposal would not have a significant effect on housing costs. Mandate on Local Agencies or School Districts The SFM has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses The SFM has made an initial determination that this proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with business in other states. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation The SFM has assessed that adoption of these regulations will not: • Create or eliminate jobs within California; • Create new businesses or eliminate existing businesses within California; or • Affect the expansion of businesses currently doing business within California. APPENDIX D CODE CHANGE SUBMITTAL PROPOSED BY THE DIVISION OF THE STATE ARCHITECT, STRUCTURAL STAFETY DSA SS 02/07 Part 5 DSA SS 01/07 Part 11 INFORMATIVE DIGEST Summary of Existing Laws DSA SS 02/07 Part 5 Section 16022 of the Health and Safety Code authorizes the State Architect to establish building standards for the design, construction and inspection of plumbing systems for state-owned or state-leased essential services buildings. Sections 17310 and 81142 of the Education Code authorize the State Architect to Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 14 CCR, Title 24 establish building standards for the design, construction and inspection of plumbing systems for public elementary and secondary schools, and community colleges. DSA SS 01/07 Part 11 Sections 17310 and 81142 of the Education Code authorize the State Architect to establish building standards for the design, construction and inspection of public elementary and secondary schools, and community colleges. Summary of Existing Regulations DSA SS 02/07 Part 5 Existing building standards which prescribe requirements for the design, construction and inspection of plumbing systems for state-owned or state-leased essential services buildings, and public elementary schools, secondary schools and community colleges are promulgated by the Division of the State Architect. These regulations are contained in the California Plumbing Code (Part 5, Title 24). DSA SS 01/07 Part 11 At the direction of the Building Standards Commission, Part 11 of Title 24, which is currently vacant, will contain California’s green building standards. These standards will be coordinated with, and may reference existing laws and regulations (e.g. Title 24, Part 6 energy efficiency standards) pertaining to resource and energy conservation and environmental quality. Summary of Effect DSA SS 02/07 Part 5 The proposed action would amend Part 5 of Title 24 (2007 California Plumbing Code) by repealing amendments contained in Sections 604.11 and Table 6-4, which prescribe DSA’s non-adoption of model plumbing code provisions regulating the use of PEX water supply piping. DSA-SS proposes to adopt CPC Sections 604.11, 604.11.1, 604.11.2 and Table 6-4 regarding the use of PEX in potable water supply systems. DSA SS 01/07 Part 11 DSA is proposing administrative provisions for inclusion in Part 11 which identify DSA’s promulgating and enforcement role of green building standards for public schools and community colleges. Additionally, these administrative provisions may identify resources and additional information regarding DSA’s process for development of green building standards to be adopted into Part 11 at a future date. This proposed action does not prescribe nor mandate green building requirements for public schools and community colleges at this time. Part 11 provisions adopted within the 2007 rulemaking cycle will establish the initial framework for development and integration of DSA’s voluntary and/or mandatory green building standards into Title 24 during the 2008 and/or 2009 annual rulemaking cycles. FISCAL IMPACT Estimate of Cost or Savings A. Cost or Savings to any state agency: NONE 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: NONE E. Cost or savings in federal funding to the state: NONE Cost Impact on Representative Private Persons or Businesses The Division of the State Architect is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with this proposed regulatory action. Initial Determination of Significant Effect on Housing Costs The Division of the State Architect has made an initial determination that this proposed regulatory action WOULD NOT have a significant effect on housing costs. The CBSC contact designated below will make the Division of the State Architect’s evaluation of the effect of the proposed regulatory action on housing costs available upon request. Mandate on Local Agencies or School Districts The Division of the State Architect has determined that this proposed regulatory action would not impose a mandate on local agencies or school districts. ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 15 CCR, Title 24 The Division of the State Architect has made an initial determination that this proposed regulatory action will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation The Division of the State Architect has assessed whether or not, and to what extent, this proposed regulatory action will affect the following: - The creation or elimination of jobs within the State of California. The Division of the State Architect has determined that this proposed action has no effect. - 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. - The expansion of businesses currently doing business with the State of California. The Division of the State Architect has determined that this proposed action has no effect. APPENDIX E CODE CHANGE SUBMITTAL PROPOSED BY THE DIVISION OF THE STATE ARCHITECT, ACCESS COMPLIANCE DSA-AC 01/07 Part 2 INFORMATIVE DIGEST Summary of Existing Laws GC§ 4450 authorizes the State Architect to establish building standards for making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities. GC§ 12955.1(d) authorizes the State Architect to establish building standards for public housing. H&SC§ 19952 through 19954 require publicly and privately owned facilities or structures to provide access to places of public amusement and resort by persons with disabilities. H&SC§ 19952 specifically requires accessible seating or accommodations in various locations within a facility. H&SC§ 19955 through 19959 require access by persons with disabilities to public accommodations constructed with private funds. Such privately funded facilities must adhere to regulations promulgated by the State Architect pursuant to GC§ 4450. GC§ 14679(c) and VC§ 22511.8(b) authorize the DSA to develop, pursuant to GC§ 4450, as appropriate, conforming regulations to ensure compliance for accessible parking. Summary of Existing Regulations Existing building standards which prescribe requirements for accessibility to public buildings, public accommodations, commercial buildings and publicly housing are promulgated by the DSA-AC. These regulations are contained in Title 24, Part 2, and are based on provisions within the adopted model building code (2006 International Building Code). Summary of Effect The proposed action would ensure that the State Architect’s regulations and building standards published in CCR, Title 24, Part 2, would not prescribe a lesser standard of accessibility or usability than provided by the Federal Accessibility Guidelines prepared by the federal Access Board as adopted by the United States Department of Justice to implement the Americans with Disabilities Act of 1990 (Public Law 101-336), consistent with GC§ 4450(c). FISCAL IMPACT Estimate of Cost or Savings A. Cost or savings to any state agency: None 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 non-discretionary cost or savings imposed on local agencies: None E. Cost or savings in federal funding to the state: None Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 16 CCR, Title 24 The CBSC contact person designated below will make DSA-AC’s initial determination of the estimate of cost or savings available upon request. Cost Impact on Representative Private Persons or Businesses DSA-AC is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with this proposed regulatory action. Initial Determination of Significant Effect on Housing Costs DSA-AC has made an initial determination that this proposed regulatory action would not have a significant effect on housing costs. The CBSC contact designated below will make the DSA-AC evaluation of the effect of the proposed regulatory action on housing costs available upon request. Mandate on Local Agencies or School Districts DSA-AC has determined that this proposed regulatory action would not impose a mandate on local agencies or school districts. ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses DSA-AC has made an initial determination that this proposed regulatory action will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states. The CBSC contact person designated below will make DSA-AC’s initial determination of the effect of the proposed regulatory action on businesses available upon request. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation DSA-AC has assessed whether or not, and to what extent, this proposed regulatory action will affect the following: The creation or elimination of jobs within the State of California. • The DSA-AC has determined that this proposed action has no effect. The creation of new businesses or the elimination of existing businesses within the State of CA • The DSA-AC has determined that this proposed action has no effect. The expansion of businesses currently doing business with the State of California. • The DSA-AC has determined that this proposed action has no effect. The CBSC contact person designated below will make DSA-AC’s initial determination of the effect of the proposed regulatory action on businesses available upon request. APPENDIX F CODE CHANGE SUBMITTAL PROPOSED BY THE OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT OSHPD 01/07 Part 1 OSHPD 02/07 Part 2 (Non-structural provisions) OSHPD 03/07 Part 2 (Structural provisions) OSHPD 04/07 Part 3 OSHPD 05/07 Part 4 OSHPD 06/07 Part 5 OSHPD 07/07 Part 11 INFORMATIVE DIGEST Summary of Existing Laws Health and Safety Code Section 1226 authorizes the Office to prescribe, in consultation with the Community Clinics Advisory Committee, minimum building standards for the physical plant of clinics, for adoption in the California Building Standards Code. Health and Safety Code Section 1275 authorizes the Office to adopt and enforce building standards for the physical plant of health facilities including hospitals, skilled nursing facilities and correctional treatment centers. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 17 CCR, Title 24 Health and Safety Code Section 18929 mandates that building standards or administrative regulations that directly apply to the implementation or enforcement of building standards must be submitted by the adopting agency to the California Building Standards Commission for the Commission's approval and must be adopted pursuant to Health and Safety Code Section 18930 and the Government Code (commencing with Section 11346). Health and Safety Code Section 129765 requires that an application for approval of health facility design plans be submitted with the complete plans and accurate specifications and structural design computations. It also provides that plans may be submitted to the Office electronically. SB 306 (Chapter 642, Statutes of 2007) (Effective 1/1/08) amended this section and authorizes OSHPD to enter into a written agreement with the hospital governing authority for phased submittal and approval of facility design plans. OSHPD will charge a fee for the review and approval of plans submitted under this section. Health and Safety Code Section 129785 authorizes the Office to develop regulations specifying fees to cover the cost of administering the Alfred E. Alquist Hospital Facilities Seismic Safety Act. Additionally, it requires that the Office specify circumstances under which the Office will issue a fee refund, for fees paid for health facility construction projects. Health and Safety Code Section 129790 authorizes the Office to propose building standards for correctional treatment centers in cooperation with the Department of Corrections, Board of Corrections and Department of Youth Authority. Health and Safety Code Section 129825 requires the hospital governing board or authority to provide competent adequate inspection during the construction or alteration of a hospital construction project. The inspector(s) must be satisfactory to the architect or engineer, or both, and the Office. Additionally, as part of the approval of an inspector, the Office is required to test inspectors and certify those who successfully pass the examination(s). The Office is authorized to develop regulations for testing and approval of inspectors. Health and Safety Code Section 129850 authorizes the Office to propose building standards, as necessary, in order to carry out the requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act. The Office is also authorized to submit to the California Building Standards Commission for approval and adoption of building standards related to the seismic safety of hospital buildings. Health and Safety Code Section 129880 authorizes OSHPD to exempt from its plan review process a construction project that is $50,000 or less if specific criteria are met. Government Code Section 11152.5 authorizes a state department to adopt regulations pursuant to the Government Code. Regulations which are building standards, must be adopted pursuant to State Building Standards Law of the Health and Safety Code (commencing with 18901). Summary of Existing Regulations OSHPD 01/07 Part 1 Title 24, Part 1, Chapter 7 contains administrative regulations pertaining to plan review and construction of health facilities regulated by OSHPD, which includes hospitals, skilled nursing and intermediate-care facilities, licensed clinics, and correctional treatment centers. Existing administrative regulations in clued requirements pertaining to the review and approval of plans and specifications; stamping and signature requirements; deferred submittals; time limitations for approval; incremental design, bidding, and construction; fees; construction; inspection; change orders; and certification and approval of hospital inspectors. OSHPD 02/07 Part 2 (Non-structural provisions: Title 24, Part 2, contains regulations pertaining to the construction of hospitals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treatment centers. These regulations include service space requirements and administrative requirements. OSHPD 03/07 Part 2 (Structural provisions): Title 24, Part 2, Volume 2 contains structural requirements for the construction of hospitals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treatment centers. OSHPD 04/07 Part 3: Title 24, Part 3 contains electrical requirements pertaining to the construction of hospitals, skilled nursing facilities, intermediate-care facilities, licensed clinics, and correctional treatment centers. OSHPD 05/07 Part 4: Title 24, Part 4 contains mechanical requirements pertaining to the construction of hospitals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treatment centers. OSHPD 06/07 Part 5: Title 24, Part 5 contains requirements for plumbing fittings and fixtures for various rooms or areas in hospitals, skilled nursing facilities, licensed clinics, and correctional treatment centers. Title 24, Part 5 also Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 18 CCR, Title 24 contains requirements for various piping materials, including PEX, which may be used for the distribution of potable water. PEX tubing is currently prohibited in health facilities under OSHPD’s jurisdiction. OSHPD 07/07 Part 11: California Code of Regulations, Title 24, Part 11, does not currently exist. Summary of Effect OSHPD 01/07 Part 1: The proposed changes coordinates terminology in Part 1, Title 24 with terminology in the 2007 California Building Code; reflects current practices regarding fees for preliminary reviews and projects involving imaging equipment; implements statutory requirements for phased submittals and projects exempt from the plan review process; reduces plan review and construction time by clarifying and modifying time limitation requirements and change order requirements; and simplifies the hospital inspector examination process by repealing outdated regulations. OSHPD 02/07 Part 2 (Non-structural provisions): The proposed regulations implement statutory requirements for rural general acute care hospitals and clinics, adopt national recognized standards for sound transmission in hospitals, and coordinate administrative requirements with Part 1, Title 24. OSHPD 03/07 Part 2 (Structural provisions): The proposed regulations adopt supplement No. 2 of reference standard ASCE 7-05, which will mitigate the deficiencies in minimum base shear calculations; modify ASCE 7 to simplify wind loading calculations for specified buildings; adopt supplement No. 1 of reference standard ASCE 41-06, which addresses the seismic performance of existing concrete buildings; prohibit the use of precast concrete intermediate shear walls based on commentary in updated concrete design reference standard ACI 318-08; and adopt a new standard for epoxy injection repair of concrete and masonry, ACI 503.7-07. OSHPD 04/07 Part 3: The proposed amendments clarify transfer switch requirements for loads that put on the emergency generator but are not required by code to be on the emergency generator. The proposed amendments also add a requirement for an in-phase monitor relay on all transfer switches in order to prevent retransfer to the primary source until both sources are nearly synchronized. OSHPD 05/07 Part 4: The proposed amendments clarify the heating, cooling, and humidification requirements for hospitals; clarifies the ventilation requirements for rooms that do not require continuous directional control; and adopts requirements of nationally recognized guidelines. OSHPD 06/07 Part 5: The proposed regulations will allow non-aerating laminar flow devices on handwashing fixtures and will remove the prohibition of PEX tubing. Editorial and minor technical amendments are also being proposed. OSHPD 07/07 Part 11: OSHPD proposes to adopt optional green building measures in California Code of Regulations, Title 24, Part 11. Adoption of these optional green building measures will help establish California as a leader in the efforts to reduce green house gas emissions and will assist in the efforts to meet the Governor’s green house emissions reduction targets established in Executive Order S-03-05. FISCAL IMPACT Estimate of Cost or Savings 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 Cost Impact on Representative Private Persons or Businesses The OSHPD is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Initial Determination of Significant Effect on Housing Costs The OSHPD has made an initial determination that this proposal would not have a significant effect on housing costs. Mandate on Local Agencies or School Districts The OSHPD has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. Combined Notice of Proposed Action March 18 2008 2007 Annual Code Adoption Cycle 19 CCR, Title 24 ECONOMIC IMPACT Initial Determination of Significant Statewide Adverse Economic Impact on Businesses The OSHPD has made an initial determination that the adoption/amendment/repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with business in other states. Assessment of The Effect of Regulation Upon Jobs and Business Expansion, Elimination or Creation The OSHPD has assessed whether or not and to what extent this proposal will affect the following:  The creation or elimination of jobs within the State of California. The proposed action would not have an effect on the creation or elimination of jobs within the State of California.  The creation of new businesses or the elimination of existing businesses within the State of California. The proposed action would not have an effect on the creation of new businesses or elimination of existing businesses within the State of California.  The expansion of businesses currently doing business with the State of California. The proposed action would not have an effect on the expansion of businesses currently doing business with the State of California.