AB 782

With certain exceptions, current law requires the Department of Safety and

Professional Services (DSPS) to establish reasonable standards or rules for the

construction of public buildings and buildings that are places of employment (public

buildings). Pursuant to this requirement, DSPS has promulgated rules establishing

these construction standards. Also, the rules promulgated by DSPS require that

DSPS review the construction plans for public buildings. In addition to reviewing

new construction projects, the rules require that DSPS review, with limited

exceptions, building projects that involve alterations of, and additions to, existing

public buildings.

This bill prohibits a city, village, or town from enacting or enforcing an

ordinance that establishes minimum standards for the construction or alteration of,

or an addition to, a public building unless that ordinance strictly conforms to the

rules promulgated by DSPS. The bill creates an exception to this prohibition for

ordinances establishing property maintenance codes and for certain ordinances

relating to fire detection, prevention, or suppression (fire safety) for public buildings

that are not multifamily dwellings and that were enacted before May 1, 2013.

Under current law, DSPS must accept the examinations of essential drawings

and specifications (plan examinations) for public buildings that have been performed

by first class cities or by second class cities that meet certain requirements relating

to the competency of the persons performing the plan examinations. A first class city

is one with a population of at least 150,000. A second class city is one with a

population of at least 39,000 but less than 150,000. Also under current law, DSPS

must accept reviews and determinations by first class cities regarding variances for

public buildings if the reviews and determinations are performed in a manner

approved by DSPS. This bill requires that DSPS accept variance reviews and

determinations by second class cities that are certified by DSPS to perform plan

examinations.

The bill authorizes DSPS to grant a variance from a standard contained in a

rule for a specific project for the construction or alteration of, or an addition to, a

public building if DSPS finds that the requested variance will impose an equivalent

standard that meets the intent of the rule.

This bill creates a building code council (council) in DSPS to advise the DSPS

about issues related to the construction, repair, and maintenance of public buildings.

The council consists of ten members, appointed by the governor for three-year terms.

The membership includes local building inspectors, building contractors, architects,

and persons representing the skilled building trades and the fire fighting profession.

The bill specifies that inspections of construction, alteration and addition

projects for public buildings, other than inspections of the installation of fire safety

devices, must be performed by inspectors who are certified under rules promulgated

by DSPS. The bill requires DSPS to promulgate separate rules establishing