Gov. Schwarzenegger's California Performance Review advocates a reform of California's system for adopting building standards. The report observes that the Building Standards Commission as presently constituted has neither the staff nor the expertise to properly develop and administer California's building codes. Its 11 members are appointed by the governor and confirmed by the state Senate.

According to the report, there are no objective criteria governing CBSC's process for adopting a model code. This became apparent when the commission selected the National Fire Protection Association Code, NFPA 5000, on July 29, 2003. Opposition to the adoption of this code was overwhelming, and included hundreds of California municipalities, fire departments, code enforcement officials, and labor and professional organizations such as the American Institute of Architects, the Structural Engineers Association of California, and the Building Owners and Managers Association. NFPA 5000 is used as a model code by only one other public entity in the nation: Pasadena, Texas (population 150,000).

The cost of implementing NFPA 5000 and retraining every building department, architect, contractor and engineer in the state is expected to be substantial. The state will not be able to finish drafting amendments until 2006, and the code will not go into effect until 2007.

The largest supporters of NFPA 5000 were the firefighters union and the plumbers union, which contributed to Gov. Davis' unsuccessful recall campaign. The local building official position on the commission is held by a plumbing inspector, the licensed contractor position is held by a plumbing contractor, a public position is held by a union lobbyist, and an engineer position is held by an individual with a long history of working with NFPA. These votes, along with those of the labor and local fire official positions, form the majority that supported the NFPA 5000.

The California Performance Review recommends that the California Building Standards Commission be eliminated and its responsibilities transferred to a new office within the state consumer agency. The new agency should review the economic and industry impacts of selecting of NFPA 5000.

The California Performance Review also recommends that public agencies be encouraged to utilize design-build, fast track and job order contracting. The report may be viewed by clicking here.

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To learn more about Thelen Reid's Construction and Government Contracts Department, click here. For more information about books and other legal materials written by James Acret, click here and enter "Acret" in the Search Products Field. To learn more about topics covered in this article, contact Paul Berning at (415) 369-7229 or at pwberning@thelen.com.





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