Cal. Code Regs. tit. 25 § 24

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 24 - Foam Building Systems
(a) General. Foam Building Systems except as otherwise provided in this section shall comply with the requirements contained in Chapter 2-17 in Part 2, Title 24, California Code of Regulations.

NOTE: Chapter 2-17 of Title 24 adopts Chapter 17 of the 1979 Uniform Building Code by reference. Specific Foam Plastics requirements may be found in Section 1717 of the 1979 UBC.

(b) Application and Scope. This section shall apply to all buildings subject to the provisions of this subchapter. This section shall not apply to plumbing fixtures, furnishings, floor coverings or contents of buildings.
(c) Effective Date. These regulations shall become applicable to the selling, offering for sale, or use in construction of buildings subject to this part, in this state of any foam building system on and after the 180th day after such standards become effective. The effective date of this section is March 2, 1975.
(d) Non-Applicability. This section shall not apply to any building or structure constructed prior to the 180th day after the effective date of these regulations. (August 30, 1975)
(e) Definitions. In addition to the definitions contained in this subchapter, the definitions contained in this section shall apply for purposes of carrying out the administrative and enforcement responsibilities of the Department.
(1) "Foam" means a material (foamed plastic) made by mixing organic polymers with air or other gases in a manner that forms a solid substance with holes filled with air or gas when the mixture is allowed to set.
(2) "Foam Building System" means a system of building materials composed of, in whole or in part, of foam. It includes, but is not limited to, all combinations of systems such as those composed of foam inserted between and bonded to two boundary surface materials or those composed exclusively of foam.
(3) "Manufacturer" is any person who produces "foam" or "foam building systems" as defined in this section.
(f) Enforcement. Except as provided in Section 20 of this subchapter, the Department shall administer and enforce the provisions of this section related to foam building systems.
(1) The Department shall cause such inspections of the manufacture of foam plastic building systems to be made as are necessary to secure compliance with this section.
(2) For purposes of this section, the Department may utilize the services of an approved testing agency and/or an approved listing agency.
(g) Listing and Labeling.
(1) Every foam system intended for on-site application of foam shall be identified with an approved label in a visible location, on all containers. Instructions for use shall accompany each shipment.
(2) Factory-provided "foam building systems" shall be identified with an approved label in a visible location.
(3) All fabricated foam products shall be identified with an approved label.
(4) Foam plastic interior trim shall be identified with an approved label in a visible location.
(h) Department Disapproval of Listed or Labeled Foam or Foam Building Systems. Foam or foam building systems shall not be accepted by the Department when it determines that the foam or foam building systems, even though listed or labeled by an approved testing agency, are not adequate for the protection of health, safety and the general welfare.
(i) Requirements for Approved Testing and/or Listing Agency. An approved testing and/or listing agency shall meet the following requirements of the Department when applicable.
(1) Provide a chart setting forth its organizational structure.
(2) Provide documented evidence showing the agency is in the business of testing and/or listing of materials and systems similar to those defined in this section.
(3) Provide a notarized statement certifying that the agency has no proprietary interest or management ties with the manufacturer or any subsidiary of that manufacturer.
(4) Provide a detailed outline of how the in-plant inspections will be performed and the frequency of these inspections.
(5) Provide an explanation of how discrepancies noted will be recorded and marked, and how corrections will be obtained.
(6) Provide details of how reports are to be made to the Department, together with samples of forms to be used.
(7) Provide an explanation of how certification of foam or foam building systems will be made, and a sample of the listing label or other pertinent information.
(8) Advise the Department within 15 days of any change in address or location.
(9) Keep current information and requirements related to matters governed by this section.
(10) An approved testing agency which does not list and label may be used in conjunction with an approved listing agency, to perform the listing and labeling required to certify a manufacturer's foam building system.
(j) Approval.--Approved Testing and/or Listing Agency.
(1) Any testing or listing agency may officially request, in writing, Department approval, by submitting the information required in subsection (i) of this section, accompanied by a fee of $100.
(2) The Department shall:
(A) Acknowledge receipt of applications and fees.
(B) Review the applicant's submissions within a reasonable time and advise the applicant of its approval or disapproval.
(k) Revocation of Approval.--Approved Testing and/or Listing Agency.

The Department may revoke its approval of an approved testing or listing agency for cause. The Department's revocation may be subject to appeal.

Cal. Code Regs. Tit. 25, § 24

1. Change without regulatory effect amending section filed 6-23-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 26).

Note: Authority cited: Sections 17003.5, 17920.9, 17921, 50061.5 and 50559, Health and Safety Code. Reference: Sections 17920.9, 17921, Health and Safety Code.

1. Change without regulatory effect amending section filed 6-23-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 26).