Petitions

Filing a Petition

Government Code Section 11340.6 provides that any interested person may petition a state agency to request the adoption, amendment, or repeal of a regulation, except where:

• The right to petition for adoption of a regulation is restricted by statute to a designated group, or
• The form of procedure for such a petition is otherwise prescribed by statute.

Sections 1-313 through 1-329, Article 3, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1), establish the process for accepting and processing petitions and rendering decisions.

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Rules for Petitions

The issue that the petition addresses must be of statewide significance and must have implications for a whole category of projects or a broad range of project types.

 

The petition must be in writing and be accompanied by the CBSC Petition Form (BSC-30). The form requires the following:

• Explain the problem and rationale for this petition.

• Explain how the issue has statewide significance.

• Explain if the problem is an emergency because of imminent danger to public health, safety or welfare.

The rationale for the petition must take the form of at least one of the following criteria:

• The building standard conflicts with pertinent statutes.

• Compliance with the standard is routinely impossible or onerous.

• The building standard is inefficient or ineffective.

• The standard is obsolete.

• A new building standard is needed. 

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State Agency Response Requirements

Within 45 days of receiving a petition, the commission shall determine whether the petition meets requirements and provide the petitioner written notification of the determination and related actions, if any. If the petition does not meet requirements, the petitioner will be notified of the missing or incomplete item(s). The commission or appropriate state agency may act on an accepted petition during the next regularly scheduled code adoption cycle. See Sections 1-319 through 1-329, Article 3, Chapter 1 of the California Administrative Code (Cal. Code Regs., Title 24, Part 1) for complete details regarding the petition process.