Appeals

Filing an Appeal

 

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.  (HSC Section 18945).

California Building Standards Law (Health and Safety Code Section 18945) contains provisions for submitting appeals to CBSC. For hearing, referrals, and decision information, see Health and Safety Code Section 18946.

 

Additionally, CBSC has an appeal process set forth in the California Administrative Code (Cal. Code Regs., Title 24, Part 1, Ch. 1, Art. 3).

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Rules for Appeals

An appellant must exhaust the appeal processes of state or local agencies before appealing to CBSC. CBSC may not assist in the appeal matters of a local agency if the local agency and the appellant do not agree to have CBSC seek resolution of the matter, or the matter does not have statewide significance. CBSC will accept appeals within six months of when the act, interpretation, decision, or practice occurred. CBSC, at its discretion, may accept an appeal if more than six months have passed if special circumstances are found to exist.

 

Section 1-307 requires an appeal to describe all of the following:

• The specific regulation, rules, interpretation or decision of any state agency respecting the administration of any building standard being appealed.
• The dates of any act, interpretation or decision of any state agency related to the compliant.
• The nature of any act, interpretation or decision of any state agency related to the complaint.
• The reasons for the appeal.
• Documentation of the official action of the applicable state or local agency with respect to the agency's final determination on the issue.
• Identification of witnesses, experts, and other representatives of the appellant.

The appeal must include the completed Appeal Form, accompanied by a nonrefundable fee of $450. Additionally, any and all costs for an Administrative Law Judge or costs related to a hearing before the appeals sub-committee will be the responsibility of the appellant(s).