Appeals And Enforcement - State Building Standards - Health & Safety - CA

Section § 18945

This law allows anyone negatively impacted by a state agency's building standard regulations, omissions, decisions, or practices to appeal to a commission for resolution.

If a local agency that enforces these standards and an affected individual want to appeal together, they can do so. However, the commission will only accept the appeal if it considers the issue important at a statewide level.

(a) Any person adversely affected by any regulation, rules, omission, interpretation, decision, or practice of any state agency respecting the administration of any building standard may appeal the issue for resolution to the commission.

(b) If any local agency having authority to enforce a state building standard and any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of such agency respecting such building standard both wish to appeal the issue for resolution to the commission, then both parties may appeal to the commission. The commission may accept such appeal only if the commission determines that the issues involved in such appeal have statewide significance.

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Section § 18946

This law explains how appeals can be handled by a commission. It allows the commission to hear an appeal itself, appoint a hearing officer, or refer the case to a panel, committee, or hearing officer from the Office of Administrative Hearings. The hearing officer or panel should, when possible, have expertise in the subject of the appeal. All involved parties must have a fair chance to present their case. The results of the hearing are put into a proposed written decision that is sent to the commission, which can accept, modify, or reject it. The final decision or interpretation is written by the commission.

Except as provided in Section 18947, the commission may hear the appeal itself, or by designating a member of the commission to be a hearing officer, or may refer the appealing parties to an advisory panel, a committee, or to a hearing officer appointed by the Office of Administrative Hearings, wherein the hearing officer designated by the commission or appointed by the Office of Administrative Hearings, should, where possible, possess some expertise in the technical aspects of the appeal. If a referral is made, the panel, committee, or hearing officer may make an investigation and conduct hearings as they deem appropriate, provided that all interested agencies or parties shall have a full and fair opportunity to be heard. A proposed written decision shall be submitted to the commission which the commission may adopt, adopt as modified, or reject. The commission shall render its decision or interpretation in writing.

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Section § 18947

If an employer wants to challenge a decision made by an inspector about workplace safety, they must appeal directly to the Occupational Safety and Health Appeals Board. This process follows specific rules found in another chapter of the Labor Code. If the appeal is sent to the wrong place by mistake, it'll be redirected to the right board, and the original date it's received counts for deadlines.

Where the appeal issue results from the enforcement of a standard for occupational safety and health by an inspector of the Division of Occupational Safety and Health of the Department of Industrial Relations, the employer shall appeal directly to the Occupational Safety and Health Appeals Board, and the appeal shall be conducted pursuant to the provisions of Chapter 7 (commencing with Section 6600) of Part 1 of Division 5 of the Labor Code. Such an appeal, if sent to the commission in error, shall be forwarded immediately to the Occupational Safety and Health Appeals Board. The date of receipt of any such appeal by the commission shall be considered the date of filing for purposes of meeting the filing time requirements of Section 6600 of the Labor Code.

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Section § 18948

This law section states that the enforcement and management of building standards is assigned to the state or local agency that is specified by other laws. This means those agencies have the authority to ensure building standards are followed.

The responsibility for the enforcement and administration of building standards shall remain in the state or local agency specified by other provisions of law.

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Section § 18948.1

If you want to understand how local authorities apply the California Building Standards Code, you can ask for a copy of their rules and regulations. However, if you request a copy, they might charge a fee to cover the cost of making it.

(a) Written rules and regulations by a local enforcement agency to clarify the application of the California Building Standards Code shall be made available to the public upon request.

(b) A local enforcement agency may charge a fee to cover the costs of making copies of the written rules and regulations described in subdivision (a).

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Section § 18949

This law requires the commission to set up a fee schedule for appeals. The purpose of these fees is to cover the costs related to managing and hearing the appeals.

The commission shall establish a schedule of fees for appeals in an amount sufficient to pay its costs of administration and hearing appeals.

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