105400-105430

HEALTH AND SAFETY CODE
SECTION 105400-105430




105400.  The Legislature finds and declares that:
   (a) The people of the State of California have a primary interest
in the quality of the indoor environment in which they live.
   (b) As people spend greater portions of time each day indoors, the
environmental quality of our buildings becomes increasingly
important.
   (c) Changes in building design, materials, construction, and
operation have resulted in significant changes in indoor
environmental quality.
   (d) Activities and use of chemical products, appliances, power
equipment, wear and tear of structural decorative materials, thermal
factors, and mechanical ventilation are degrading the indoor
environment, thereby creating mounting dangers to the public health,
safety, and welfare.



105405.  (a) The department through its Indoor Air Quality Program
shall develop nonbinding guidelines for the reduction of exposure to
volatile organic compounds (VOC) from construction materials in newly
constructed or remodeled office buildings. At a minimum, the
department shall consider all of the following:
   (1) The type of building to which the guidelines shall apply.
   (2) The methodology for identifying indoor sources of VOC.
   (3) The bake-out procedures prior to occupancy for newly
constructed buildings.
   (4) The procedures for VOC reduction during and after major
remodeling of occupied buildings.
   (5) The need to establish mandatory regulations rather than
nonbinding guidelines for the procedures to reduce VOC exposure in
newly constructed buildings and during the remodeling of buildings
and, in addition, the need for regulation regarding the occupancy of
a newly constructed building or a building undergoing remodeling
where VOC reduction is to be a consideration.
   (6) The need to establish an ad hoc group of building construction
material manufacturers, builders, building owners and managers,
organized labor, sheetmetal contractors, plumbing contractors,
mechanical engineers, architects, and building inspectors to advise
the department on procedures and costs related to implementing the
proposed guidelines.
   (b) The department shall develop and submit the nonbinding
guidelines to the Legislature, and file copies with the Department of
General Services and the State Building Standards Commission, by
January 1, 1992.
   (c) The guidelines developed by the department pursuant to this
section shall be nonbinding and voluntary, and shall therefore, be
exempt from the procedures for adoption of regulations, including the
review and approval by the Office of Administrative Law, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of the Government Code.



105410.  The Legislature, in view of the findings and declarations
specified in Section 105400, declares that the public interest shall
be safeguarded by a coordinated, coherent state effort to protect and
enhance the indoor environmental quality in residences, public
buildings, and offices in the state.



105415.  For the purpose of this chapter, "indoor environmental
quality" means the environment inside a residential dwelling,
including a house or apartment, or inside a school, office, public
building, or other facility to which the general public has access.
The term "indoor environmental quality" shall not include industrial
working environments.



105420.  The department shall coordinate efforts to assess, protect,
and enhance indoor environmental quality.



105425.  The department shall conduct and promote the coordination
of research, investigations, experiments, demonstrations, surveys,
and studies relating to the causes, effects, extent, prevention, and
control of indoor pollution.


105430.  (a) If model construction standards and techniques for
controlling radon levels within new buildings are developed by the
United States Environmental Protection Agency, the State Department
of Health Services may adopt the standards and incorporate them into
any radon assessment and mitigation plan which may be completed by
the department and which becomes operative after January 1, 1990,
unless the Department of Housing and Community Development adopts
radon mitigation building standards, in which case the State
Department of Health Services shall adopt no standards other than the
standards adopted by the Department of Housing and Community
Development.
   Any radon assessment and mitigation plan shall include appropriate
measures designed to detect, avoid, or dissipate dangerous levels of
radon gas at potential building sites or during construction of new
residential buildings in areas affected by radon. Any of those
measures shall be appropriately delineated so as to apply only to
certain at-risk buildings and geographic areas, and the plan shall
specify construction projects, building characteristics, and
geographical areas to which the measures apply, to assure ease of
compliance and consistency with the findings and assessment of the
United States Environmental Protection Agency regarding radon risks.
The plan may include reasonable provisions for testing and detection
of radon at potential building sites as well as measures to provide
for the appropriate radon-dissipating ventilation and insulation of
new residential construction consistent with prevailing techniques.
   (b) If regulations are adopted by the department to implement any
radon assessment and mitigation plan completed by the department
after January 1, 1990, no city, county, or other governmental agency
may issue a permit to construct any building subject to state
department regulation to any applicant who does not first comply with
testing or building standards which may be implemented pursuant to
this section.
   (c) Any building standards which may be adopted pursuant to this
section shall become effective as provided by Section 17958.
   (d) In developing regulations pursuant to this section, the state
department shall consider the methods and techniques which can
provide an adequate level of safety at the lowest cost in order to
reduce the impact on housing prices.
   (e) Subdivisions (a) to (d), inclusive, shall only become
operative if federal funds are available to the department for the
purposes specified in this section, as determined by the department.