INITIAL STATEMENT OF REASONS

CALIFORNIA CODE OF REGULATIONS
TITLE 8: Chapter 4, Subchapter 7, Article 3,
Sections 3242 and 3248 of the General Industry Safety Orders; and
TITLE 24: Chapter 24, Glass and Glazing, 1997 Uniform Building Code. Chapter 2, Definitions; and Chapter 11, Refrigeration, 1997 Uniform Mechanical Code. Matrix Adoption Tables of the California Elevator Safety Orders
Glass and Glazing; and Mechanical Refrigeration Systems


PROBLEM ADDRESSED BY PROPOSED ACTION

Section 3242 of the General Industry Safety Orders (GISO) states that specifications for glass and glazing shall meet the requirements of Chapter 54 of the 1982 Uniform Building Code. Additionally, Section 3248 of the GISO states in part that mechanical refrigeration systems shall be installed in accordance with Chapters 4, 15, and 16 of the 1982 Uniform Mechanical Code.

Since 1982, there have been several revisions (approximately every three years) to both the Uniform Building and Uniform Mechanical Codes. New technologies have improved glass and glazing installations as well as accepted industry practice for the installation and use of refrigeration systems. In order to ensure that current installations of glass and glazing material and mechanical refrigeration systems placed into service meet the latest model code requirements, this rulemaking proposal is initiated to reference the requirements contained in the 1997 edition of these model codes.

SPECIFIC PURPOSE AND FACTUAL BASIS OF PROPOSED ACTION

Section 3242. Glass and Glazing.
Existing Section 3242 states that specifications for glass and glazing shall meet the requirements of Chapter 54 of the 1982 Uniform Building Code (UBC). The proposal will require in new subsection (b) that glass and glazing installed after the effective date of the regulation meet the requirements of Chapter 24, Glass and Glazing, of the 1997 UBC.

Sections 2406.6, 2408 and 2409 of the 1997 UBC contain installation and material requirements for glass railings; racquetball and squash courts; and sloped glazing and skylights, respectively. Requirements in the 1982 UBC do not address these types of installations. Local jurisdictions such as city and county planning and development departments approve glass or glazing used in these types of installations consistent with the model code requirements contained in recent editions the UBC. For consistency with what is already required by local jurisdictions, it is necessary for Title 8 regulations to reference and require that installations of glass or glazing meet recent model code standards.

Section 3248. Mechanical Refrigeration.
Existing Section 3248 requires that mechanical refrigeration systems meet the requirements contained in Chapters 4, 15, and 16 of the 1982 Uniform Mechanical Code (UMC). Chapter 4 of the 1982 UMC contains definitions and Chapters 15 and 16 pertain to mechanical refrigerating equipment and refrigerant storage requirements, respectively. An editorial revision will letter the requirements for mechanical refrigeration systems placed into service on or before the effective date of the regulation as subsection (a). The proposal will also require in new subsection (b) that mechanical refrigeration systems placed into service after the effective date of the regulation meet the requirements of Chapter 2, (Definitions), and Chapter 11, (Refrigeration), of the 1997 UMC.

Additionally, a minor editorial revision is proposed in the Note of Section 3248 to clarify that the provisions of the Note apply to all of Section 3248.

Chapter 2 of the 1997 UBC contains definitions consistent with current technology and refrigeration systems that did not exist in the 1982 UBC. Additionally, definitions in the 1982 UBC are no longer applicable and have been omitted in more recent editions of the UMC to reflect changing industry practices and terminology.

Chapter 11 of the 1997 UMC also contains requirements which have been modified or added since the 1982 edition such as reclaimed or recovered refrigerants, storage of refrigerants, and detection and alarm systems to be activated whenever refrigerant vapor exceeds permissible exposure level (PEL). Local jurisdictions such as city and county planning and development departments approve the installation of refrigeration systems consistent with the model code requirements contained in recent editions of the UMC. Therefore, for consistency with what is already required by local jurisdictions, it is necessary for Title 8 regulations to reference and require that refrigeration systems meet recent model code standards.

DOCUMENTS RELIED UPON

  1. Chapter 54, Glass and Glazing, 1982 Uniform Building Code.
  2. Chapter 4, Definitions and Abbreviations; Chapter 15, Mechanical Refrigerating Equipment; and Chapter 16, Storage of Refrigerants, 1982 Uniform Mechanical Code.
These documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

DOCUMENTS INCORPORATED BY REFERENCE

  1. Chapter 24, Glass and Glazing, 1997 Uniform Building Code.
  2. Chapter 2, Definitions; and Chapter 11, Refrigeration, 1997 Uniform Mechanical Code.
These documents are too cumbersome or impractical to publish in Title 8. Therefore, it is proposed to incorporate the documents by reference. Copies of these documents are available for review during normal business hours at the Standards Board Office located at 1300 I Street, Suite 920, Sacramento, California.

IDENTIFIED ALTERNATIVES THAT WOULD LESSEN ADVERSE IMPACT ON SMALL BUSINESSES

No adverse impact on small businesses is anticipated from the implementation of the proposed amendments. Therefore, no alternatives which would lessen the impact on small businesses have been identified. (Also see the heading below, Specific Technology or Equipment).

SPECIFIC TECHNOLOGY OR EQUIPMENT

Local jurisdictions such as city and county planning and development departments already require the installation of mechanical refrigeration systems and glass and glazing materials to meet the latest model code requirements adopted by the California Building Standards Commission. Therefore, this proposal will not mandate the use of specific technologies or equipment.

COST ESTIMATES OF PROPOSED ACTION

Costs or Savings to State Agencies
No costs or savings to state agencies will result as a consequence of the proposed modifications.

Impact on Housing Costs
The proposal will not significantly affect housing costs.

Impact on Businesses
The proposal will not result in a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states. (Also see the heading above, Specific Technology or Equipment).

Cost Impact on Private Persons or Entities
The proposal will not require private persons or entities to incur additional costs in complying with the proposal.

Costs or Savings in Federal Funding to the State
The proposal will not result in costs or savings in federal funding to the state.

Costs or Savings to Local Agencies or School Districts Required to be Reimbursed
No costs to local agencies or school districts are required to be reimbursed. See explanation under "Determination or Mandate."

Other Nondiscretionary Costs or Savings Imposed on Local Agencies
This proposal does not impose nondiscretionary costs or savings on local agencies.

DETERMINATION OF MANDATE

The Occupational Safety and Health Standards Board has determined that the proposed regulations do not impose a mandate requiring reimbursement by the State pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code because the proposed amendments will not require local agencies or school districts to incur additional costs in complying with the proposal. Furthermore, these regulations do not constitute a "new program or higher level of service of an existing program within the meaning of Section 6 of Article XIII B of the California Constitution."

The California Supreme Court has established that a "program" within the meaning of Section 6 of Article XIII B of the California Constitution is one which carries out the governmental function of providing services to the public, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d 46.)

These proposed regulations do not require local agencies to carry out the governmental function of providing services to the public. Rather, the regulations require local agencies to take certain steps to ensure the safety and health of their own employees only. Moreover, these proposed regulations do not in any way require local agencies to administer the California Occupational Safety and Health program. (See City of Anaheim v. State of California (1987) 189 Cal.App.3d 1478.)

These proposed regulations do not impose unique requirements on local governments. All employers - state, local and private - will be required to comply with the prescribed standards.

PLAIN ENGLISH STATEMENT

It has been determined that the proposal may affect small business. The express terms of the proposal written in plain English have been prepared by the Board pursuant to Government Code Sections 11342(e) and 11346.2(a)(1) and the informative digest for this proposal constitutes a plain English overview.

ASSESSMENT

The adoption of the proposed amendments to these regulations will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

ALTERNATIVES THAT WOULD AFFECT PRIVATE PERSONS

No alternatives considered by the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.