(a) Where there is No Local Enforcement Agency. Before new construction may begin in an area where there is no local enforcement agency, the Executive Director shall determine in writing that the building design conforms to the requirements of Part 6. The person proposing to construct the building shall submit the information described in Sections 10-103(a)1 and 10-103(a)2 to the Executive Director when such a determination is sought.

(b) Where building construction is under the jurisdiction of a State agency. Pursuant to Public Resources Code Section 25402.1(g)(5), no construction of any State building shall commence until the Department of General Services or the State agency that otherwise has jurisdiction over the property determines that the construction is designed to comply with the requirements of Part 6, and confirms that the documentation requirements of Sections 10-103(a)1 and 10-103(a)2 have been met and that the plans indicate the features and performance specifications needed to comply with Part 6. The responsible state agency shall notify the Commission’s Executive Director of its determination.

(c) Where the Enforcement Agency Fails to Enforce. If an enforcement agency fails to enforce the requirements of this article or of Part 6 the Commission, after furnishing 10 days written notice, may condition building permit issuance on submission of the information described in Sections 10-103(a)1 and 10-103(a)2 to the Executive Director and on his or her written determination that proposed construction conforms to the requirements of Part 6.