Contradiction with the Commission’s Nine-Point Criteria

[aembed:http://www.youtube.com/watch?v=ewkJ3TUpamQ]

Since 1980, the Building Standards Commission was tasked with ensuring that any new regulations follow a nine-point criteria:

1. The regulation does not conflict, overlap or duplicate other regulations. The Green Code does all of these by requiring compliance with other codes, then adding additional requirements.

2. The regulation is within parameters of enabling legislation.

3. The public interest requires the adoption of the regulation. This is questionable, due to the fact that California has a building code and energy code.

4. The regulation is not unreasonable, arbitrary, unfair or capricious. As noted above in the Non-Building Elements comments, many of the elements of this code are unreasonable, arbitrary unfair and capricious.

5. The cost to the public is reasonable, based on the overall benefit derived from the regulation. As noted above, the cost to provide unnecessary or inappropriate elements could never be considered reasonable.

6. The regulation is not necessarily ambiguous or vague. The Green Code contains many examples that are ambiguous and vague making plan check review difficult at best.

7. Applicable national standards, published standards and model codes have been incorporated.

8. The format of the regulation is consistent with the BSC’s format.

9. The regulation, if it promotes fire and panic safety as determined by the State Fire Marshal, has their written approval.

Building sustainability is the A & E industry’s greatest challenge going forward.