HomeMy WebLinkAboutMINUTES - 04132010 - C.49RECOMMENDATION(S):
ADOPT a position of "Support and Seek Amendment" for SB 1227, as recommended by
the Director of Conservation and Development.
FISCAL IMPACT:
NONE from adopting the position. If the bill passes, the Building Inspection Division will
receive fees for inspecting school construction work, similar to fees received for other types
of development.
BACKGROUND:
Senator George Runner (R-Antelope Valley) has introduced Senate Bill 1227 to speed up
school construction. The bill would shift the responsibility for school construction oversight
from the state Department of General Services to local planning and building departments.
Senator Runner believes the state approval process is too slow, and local jurisdictions could
review, inspect and approve school construction projects much more quickly.
The California State Association of Counties has a "watch" position on the bill and has
asked counties for their input or positions on the bill. The
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: 335-1201 John
Greitzer
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 49
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:April 13, 2010
Contra
Costa
County
Subject:Position on SB 1227 (School Construction: Local Control)
BACKGROUND: (CONT'D)
League of California Cities has not taken a position on the bill.
By having school construction overseen by local jurisdictions, the bill would create a
new opportunity for coordination between school districts and local governments. This is
one of the goals in the County's adopted legislative platform for 2010. Therefore the bill
is consistent with County policy.
However, the bill only addresses school construction. It does not address the issue of the
locations chosen by school districts for new schools. This has been the County's chief
issue with schools, since a number of schools have been built in areas that are distant
from population centers and lack adequate transportation access. In particular, recent
school sites are too far or too difficult for students to walk to school.
The Board is recommended to adopt a position of "Support and Seek Amendment" to the
bill. The request for an amendment would ask the bill's author to add language creating a
process in which school districts and local jursidictions would have a chance to discuss
new school sites and access issues, including walkability, before final selection of a new
school site. This would provide an opportunity to address children's health by
encouraging school districts to locate schools in more walkable areas.
SB 1227 is scheduled to be heard in the Senate Education Committee on April 14.
Attached are a Fact Sheet on the bill published by Senator Runner's office, and the full
text of the bill.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
In the long term, the requested amendment to SB 1227 could have a beneficial impact on
childrens' health by providing more walkable school sites.
ATTACHMENTS
SB 1227 Fact Sheet
SB 1227 Full Text
SENATOR GEORGE RUNNER
STATE CAPITOL, ROOM 4090
TEL: 916.651.4017
FAX: 916.445.4662
SENATE BILL 1227
SCHOOL CONSTRUCTION: LOCAL CONTROL
· FACT SHEET·
SUMMARY
SB 1227 would transfer the duties of the Depart-
ment of General Services (DGS) with regard to
design and construction of school buildings to
include buildings used for elementary, secondary,
and community college purposes, to the building
department of the appropriate local jurisdiction.
EXISTING LAW
Under existing law, the Division of the State
Architect (DSA), located within DGS, provides
design and construction oversight for K–12
schools and community colleges, and develops
and maintains accessibility standards and codes
utilized in public and private buildings
throughout the State of California.
NEED
While DSA has worked hard to fulfill its role, the
existing state approval process is inadequate and
has lead, at times, to delays in construction of
school facilities. Funneling every state school
construction plan approval through one state
government office is inefficient, ineffective, and
leads to unnecessary construction delays.
BACKGROUND
•The State and Consumer Services Agency
(SCSA) is exceedingly concerned with any
delays experienced by the DSA, which has
often experienced backlogs, are due in part
to factors beyond their control, such as
fluctuating workload. However, while the
SCSA has been able to take action to
reduce current backlog, the time has come
to change the way the state approves
construction of school facilities. Like every
other building constructed in a county,
local jurisdictions should manage school
facility plan review and approval. SCSA
feels that local jurisdictions are equipped
to process plan reviews and get shovels in
the ground faster with less bureaucratic
red tape.
•This legislation would expedite review and
approval of school plans, and would place
greater authority and responsibility with
local governments. Those local school
districts can work with their respective
building authorities with a much greater
degree of flexibility to develop programs
that best meet individual local needs.
•Disseminating this work among 456 cities
and 58 counties—all with experienced
planning departments—will allow a far
greater number of local entities to absorb
the workload including application
submission highs and lows, thereby
allowing for greater efficiencies in the
review of school plans and quicker
construction of shovel-ready school
projects.
April 8, 2010
•Local control could lead to much more
“context sensitivity” in design, where
schools are designed to best reflect the
community. This could also result in
districts hiring local design firms, which
will increase the use of small, locally
owned and operated businesses.
SUPPORT
State & Consumer Services Agency (SPONSOR)
OPPOSITION
None on file
STATUS
Introduced 2/18/10
Senate Rules
FOR MORE INFORMATION
Staff:
Jennifer Louie
(916) 651-4678
jennifer.louie@sen.ca.gov
Sponsor:
Laura Zuniga
State & Consumer Services Agency
(916) 653-3111
Laura.Zuniga@scsa.ca.gov
April 8, 2010
SENATE BILL No. 1227
Introduced by Senator Runner
February 18, 2010
An act to amend Sections 17077.30, 17255, 17263, 17267, 17280,
17285, 17292, 17295, 17307, 17352, 17354, 81133, 81138, and 81149
of, to repeal Sections 17280.1, 17280.5, 17281, 17282.5, 17296, 17297,
17298, 17299, 17300, 17301, 17303, 17304, 17305, 17306, 17307.5,
17308, 17309, 17310, 17311, 17313, 17314, 17315, 17317, 17351,
17355, 17356, 17357, 17358, 17359, 17360, 81130, 81130.3, 81133.1,
81133.2, 81133.5, 81134, 81135, 81136, 81141, 81142, 81143, 81146,
and 81147 of, and to repeal Article 3.3 (commencing with Section
17319) of Chapter 3 of Part 10.5 of Division 1 of Title 1 of, the
Education Code, and to amend Sections 4453, 4454, and 4459.5 of, and
to repeal Section 4453.5 of, the Government Code, relating to school
facilities.
legislative counsel’s digest
SB 1227, as introduced, Runner.School facilities: construction.
(1) Existing law, the Field Act, requires the Department of General
Services, under the police power of the state, to supervise the design
and construction of any school building, as defined to include buildings
used for elementary, secondary, and community college purposes, or
the reconstruction or alteration of or addition to any school building,
as defined to include buildings used for elementary, secondary, and
community college purposes, if not exempted, to ensure that plans and
specifications comply with adopted rules and regulations and specified
building standards and to ensure that the work of construction has been
performed in accordance with the approved plans and specifications,
for the protection of life and property. Existing law requires the plans
and specifications for any school building, as defined, together with
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cost estimates, to be submitted to the Department of General Services
for approval. Existing law requires a manufacturer of factory-built
buildings designed or intended for use as school buildings to submit to
the Department of General Services and the State Department of
Education for approval, its plans, specifications, methods of
construction, and estimates of cost of those buildings.
This bill would transfer the duties of the Department of General
Services with regard to design and construction of school buildings, as
defined to include buildings used for elementary, secondary, and
community college purposes, to the building department of the
appropriate local jurisdiction.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1.Section 17077.30 of the Education Code is
amended to read:
17077.30.(a) As part of the requirements for submission of
an application to the State Allocation Board for funding pursuant
to this chapter for any new construction or modernization project,
the applicant school district may, at the time of submission of the
final drawings to the Division of the State Architect building
department of the appropriate jurisdiction, certify that an energy
analysis and report has been prepared that sets forth the utility
savings that would be generated if the facilities were designed,
constructed, and equipped, with the energy efficiency and
renewable technologies that would make the facilities exceed the
minimum building energy-efficiency standards mandated for new
public buildings pursuant to the latest edition of the California
Building Standards Code through the use of energy efficiency and
renewable energy technologies.
(b) The energy analysis and report shall include a verifiable
life-cycle cost analysis for each proposed energy conservation
measure and renewable energy that may include, but need not be
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limited to, photovoltaic parking lot and security lighting, and solar
swimming pool and domestic water heating, showing a return on
investment of less than 15 years.
(c) The cost of the energy analyses and reports shall not exceed:
(1) Seven thousand five hundred dollars ($7,500) per project
for elementary schools.
(2) Ten thousand dollars ($10,000) per project for middle
schools.
(3) Fifteen thousand dollars ($15,000) per project for high
schools.
(d) An applicant school district may count the following funds
or expenditures toward meeting the local matching funds
requirement under this chapter:
(1) The amount from any local sources actually expended on
the project by the applicant school district for an energy audit.
(2) The amount actually applied to the project from any
incentive, grant, or rebate, received by the applicant school district
from a program funded pursuant to Section 381 of the Public
Utilities Code.
SEC. 2.Section 17255 of the Education Code is amended to
read:
17255.The State Energy Resources Conservation and
Development Commission shall, in consultation with the State
Department of Education and the Division of the State Architect
and the Office of Public School Construction within the
Department of General Services, recommend best design practices
that include energy efficiency measures for all new public schools.
The practices and measures shall have as a goal incorporating
energy efficiency design and technologies that would provide the
greatest amount of energy efficiency savings within a cost recapture
period of seven years. The commission may additionally
recommend best design practices and measures that would be
cost-effective taking into consideration life-cycle costs. The
recommendations shall be reported to the Governor and the
Legislature by October 1, 2003.
SEC. 3.Section 17263 of the Education Code is amended to
read:
17263.The plans and specifications for any school building
as defined in Section 17283, together with estimates of cost, shall
be submitted by the board to the Department of General Services
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building department of the appropriate local jurisdiction for
approval.
SEC. 4.Section 17267 of the Education Code is amended to
read:
17267.The governing board of a school district shall, before
letting any contract for the construction of a school building as
defined in Section 17283 according to the plans and specifications,
file a set of the plans and specifications with the Department of
General Services accompanied by a fee in the amount fixed by
Section 17300 obtain approval from the building department of
the appropriate local jurisdiction.
SEC. 5.Section 17280 of the Education Code is amended to
read:
17280.(a) (1) The Department of General Services under the
police power of the state shall supervise the design and construction
of any school building or the reconstruction or alteration of or
addition to any school building, if not exempted under Section
17295, to ensure that plans and specifications comply with the
rules and regulations adopted pursuant to this article and building
standards published in Title 24 of the California Code of
Regulations, and to ensure that the work of construction has been
performed in accordance with the approved plans and
specifications, for the protection of life and property. Nothing in
this section shall be construed to allow a school district to perform
work with its own forces in excess of the limitations set forth in
Sections 17595 and 17599. In calculating the cost of any project
of reconstruction or alteration of, or addition to, any school building
for the purpose of determining the applicability of the rules and
regulations adopted pursuant to this article and building standards
published in Title 24 of the California Code of Regulations, the
Department of General Services shall not include, as an element
of that cost, any expenses of air-conditioning equipment or
insulation materials for that building, or of installing the equipment
or materials.
(2) In the alternative, for a leased or purchased building, a school
district may comply with this section by complying with Section
17280.5.
(b) Whenever repairs due to fire damage, not including any
damage caused by wind or earthquake, must be made to any school
building previously approved by the Department of General
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Services, the approved plans and specifications used in the original
work under then existing rules, regulations, and building standards
may be used without modification, providing all other provisions
of this article are carried out.
(c)
17280.(a) Notwithstanding any other provision of law, no
school district shall be authorized to construct or reconstruct any
school building, regardless of the source of funding, unless and
until the governing board of the district, by resolution, has indicated
the agreement of the district that any school building construction
or reconstruction that exceeds those construction costs and
allowable area standards or any allowable building area computed
for an attendance area pursuant to Section 17041 shall, in the event
of the district’s subsequent application for state funding for school
facility construction, be deducted from the allowable building area
for which the district would otherwise have been eligible, which
restriction shall not be subject to waiver or exception as otherwise
may be provided by law.
(d)
(b) If it is determined that, for any reason, a school district failed
to comply with the requirement of this section, the district shall
not be eligible for any additional building area pursuant to Section
17049 and may be denied any time priority established for the
particular project pursuant to Section 17016.
SEC. 6.Section 17280.1 of the Education Code is repealed.
17280.1.Written rules and regulations adopted pursuant to this
article to clarify the application of the California Building
Standards Code shall be made available to the public by the State
Architect upon request.
SEC. 7.Section 17280.5 of the Education Code is repealed.
17280.5.(a) The Seismic Safety Commission shall convene
an advisory committee that shall include, but not be limited to, the
State Architect, the State Fire Marshall, representatives from the
major professional associations representing architects, engineers,
and school facilities designers, and other interested parties.
(b) The advisory committee shall convene by August 19, 2002,
and shall study and report on whether a regulatory process may
be developed that will allow the State Architect to determine
whether a building not originally constructed in compliance with
the Field Act, as defined in Section 17281, and its implementing
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regulations either meets, or can be retrofitted to meet, the
equivalent pupil safety performance standard as a building
constructed according to the Field Act and its implementing
regulations. If the advisory committee finds that the regulatory
process may be developed, the advisory committee, shall include
within its report the facts and rationale supporting the finding and
the essential steps required in that regulatory process. The advisory
committee shall report its findings to the Seismic Safety
Commission by December 31, 2002.
(c) By January 8, 2003, and after reviewing the advisory
committee’s findings, the Seismic Safety Commission shall make
a determination as to whether the regulatory process described in
subdivision (b) may be developed, and shall report that
determination to the Governor and the Legislature.
(d) If the Seismic Safety Commission determines that the
regulatory process may be developed, the State Architect shall
draft regulations to establish that regulatory process and to
delineate the required retrofitting, deconstructive testing,
continuous inspection procedures, and other necessary certifications
and requirements that must be completed for a building to ensure
it meets the equivalent pupil safety performance standard as a
building constructed according to the Field Act and its
implementing regulations. The State Architect shall promulgate
the regulations on or before April 1, 2003, as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(e) Notwithstanding any law, a leased or purchased building
that is determined to have the equivalent pupil safety performance
standard as a building constructed according to the Field Act and
implementing regulations is hereby deemed to be in full compliance
with the safety requirements of a school building as set forth in
Section 17280, and is hereby deemed to be in full compliance with
the Field Act.
SEC. 8.Section 17281 of the Education Code is repealed.
17281.This article, together with Article 6 (commencing with
Section 17365), and Article 7 (commencing with Section 81130)
of Chapter 1 of Part 49, shall be known and may be cited as the
“Field Act.”
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SEC. 9.Section 17282.5 of the Education Code is repealed.
17282.5.(a) On or before January 1, 2010, the Division of the
State Architect within the Department of General Services shall
develop uniform criteria for precheck approval processes for solar
design plans, including structural plans and calculations, for a
school facility that comply with rules and regulations adopted
pursuant to this article and building standards published in Title
24 of the California Code of Regulations. The criteria shall include
provisions to ensure fire and life safety.
(b) The Department of General Services shall complete the
review of a solar design plan application submitted by a school
district that conforms with the criteria established pursuant to
subdivision (a) within 45 calendar days of the receipt of a complete
application. If the Department of General Services requests an
applicant to submit a corrected application, the Department of
General Services shall act on the corrected application within 10
calendar days of the date the applicant submits the corrected
complete application to that department for approval.
SEC. 10.Section 17285 of the Education Code is amended to
read:
17285.(a) Notwithstanding any provision of law except
Sections 17286, 17287, 17405, and this section, a leased building
that does not meet the requirements of Section 17280 may not be
used as a school building, as defined in Section 17283, after
September 1, 1990.
(b) A school district may lease a commercial building prior to
January 1, 2003, that does not meet the requirements of Section
17280, for use as a school building, as defined in Section 17283,
if the governing board of the district finds that all of the following
conditions have been met:
(1) The building was constructed in accordance with seismic
safety standards for commercial buildings constructed within an
earthquake zone.
(2) The building permit for the initial construction of the
building was issued on or after January 1, 1990.
(3) A structural engineer has inspected the building and
submitted a report to the governing board of the school district
that certifies that the building is in substantial compliance with the
requirements of the Field Act administrative and building
standards in Title 19 and Title 24 of the California Code of
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Regulations. This certification requirement is satisfied if the
structural engineer affixes his or her seal of approval to the report
and he or she attests in that report that to the best of his or her
knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection
records of the building to the extent available.
(B) He or she has authorized testing and has observed or
reviewed the test results and the inspections of an adequate sample
of the structure’s welds, anchor bolts, and other structural elements.
(C) He or she has observed that the overhead nonstructural
elements, including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
The governing board of the school district shall submit the report
to the Division of the State Architect building department of the
appropriate local jurisdiction for its review.The Division of the
State Architect has one month to review the report for compliance
with the above requirements, and to provide feedback to the
structural engineer regarding any insufficiencies with the report,
and whether or not the building is in substantial compliance with
the requirements of the Field Act. If the Division of the State
Architect does not respond within one month of the final and
complete report being submitted, the Division of the State Architect
will be deemed to have concurred with the structural engineer’s
report.A final decision by the governing board of the school district
to occupy the building for school purposes shall not occur until
the governing board has reviewed and considered the feedback of
the Division of the State Architect, or the one month review period
has passed building department of the appropriate local
jurisdiction.
No member of the governing board of a school district, nor any
employee of a school district, shall be held personally liable for
injury to persons or damage to property resulting from the fact that
the governing board of the school district used a commercial
building pursuant to this subdivision for a school and the building
was not constructed under the requirements of Section 17280. This
exemption from personal liability for members of the governing
board and employees of a school district is not intended to limit
the liability of the school district for injury to persons or damage
to property resulting from the fact that the governing board or any
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employee of the school district used a commercial building
pursuant to this subdivision for a school and the building was not
constructed under the requirements of Section 17280. This
exemption from personal liability for members of the governing
board and employees of a school district is not intended to limit
the liability of the school district, the governing board or the
district’s employees pursuant to Section 835 of the Government
Code. Section 17312 is not applicable to a person who, pursuant
to this section, leases or uses a building for a school building that
meets the requirements of this section but does not meet the
requirements of Section 17280. Approval and use of a building
pursuant to subdivision (b) of Section 17285 does not constitute
a violation of the Field Act.
(c) A building leased pursuant to Section 17280 may be used
after September 1, 1991, as a regional occupational center or
program that does not meet the requirements of Section 17280,
provided the building satisfies all of the following conditions:
(1) The facility is one of the following:
(A) A single-story, wood-framed structure.
(B) A single-story, light steel frame structure.
(C) A structure for which a structural engineer has submitted a
report that certifies that substantial structural hazards do not exist,
as to that structure. The governing board of the regional
occupational center or program, as provided for under Section
52310.5, shall review the report prior to approval of the lease and
may reject the report if there is any evidence of fraud regarding
the facts in the report.
(2) The building or structure complies with all applicable local
building standards and all applicable local health and safety
standards in the community in which it is located.
(3) The governing board of the regional occupational center or
program, as provided for under Section 52310.5, certifies to the
State Allocation Board that reasonable efforts have been made to
locate the regional occupational center or program in facilities that
conform to the seismic safety standards set forth in Part 2
(commencing with Section 2-101), Part 3 (commencing with
Section 3-089-1), Part 4 (commencing with Section 4-403), and
Part 5 (commencing with Section 5-102), of Title 24 of the
California Code of Regulations.
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(d) On or before September 1, 1994, and every three years
thereafter, each governing board of a regional occupational center
or program shall report to the State Allocation Board on the
facilities utilized for the operation of that center or program and
on efforts to place the center or program in facilities that conform
to the seismic safety standards described in paragraph (3) of
subdivision (b).
SEC. 11.Section 17292 of the Education Code is amended to
read:
17292.(a) Notwithstanding any provision of law, an owned
or leased relocatable building that does not meet the requirements
of Section 17280 may be used until September 30, 2015, as a
school building, if all of the following conditions are met:
(1) The relocatable building was manufactured and was in use
for classroom purposes on or before May 1, 2000, and bears a
commercial coach insignia of approval from the Department of
Housing and Community Development.
(2) The relocatable building is a single story structure with not
more than 2,160 square feet of interior floor area when all sections
are joined together.
(3) The relocatable building was constructed after December
19, 1979, and bears a commercial coach insignia of approval from
the Department of Housing and Community Development.
(4) The bracing and anchoring of interior overhead nonstructural
elements, such as light fixtures and heating and air-conditioning
diffusers, and the foundation system complies with the applicable
rules and regulations adopted pursuant to this article and published
in Title 24 of the California Code of Regulations.
(5) The building construction, including associated site
construction, except for the relocatable building defined in
paragraph (2), complies with the applicable rules and regulations
adopted pursuant to this article, Sections 4450 to 4458, inclusive,
of the Government Code, and Section 13143 of the Health and
Safety Code and the administrative and building standards
published in Title 19 and Title 24 of the California Code of
Regulations.
(6) The relocatable building is anchored to the ground to resist
earthquake and wind loads.
(7) The school district has certified to the Department of General
Services building department of the appropriate local jurisdiction
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that the relocatable building complies with the requirements of
this subdivision.
(8) The Department of General Services building department
of the appropriate local jurisdiction has issued a certification of
compliance with the requirements of this article.
(b) The Department of General Services building department
of the appropriate local jurisdiction may assess fees to carry out
the requirements of this section. Fees imposed pursuant to this
subdivision shall be equal to the costs associated with making the
certifications and inspections required by, and otherwise enforcing,
this section and shall be deposited in the Public School Planning,
Design, and Construction Review Revolving Fund.
(c) For each relocatable building that was used as a school
building pursuant to this section, the governing board of the school
district shall adopt a resolution by October 30, 2015, certifying to
the State Allocation Board that commencing September 30, 2015,
the relocatable building is no longer being used as a school
building.
SEC. 12.Section 17295 of the Education Code is amended to
read:
17295.(a) (1) The Department of General Services The
building department of the appropriate local jurisdiction shall
pass upon and approve or reject all plans for the construction or,
if the estimated cost exceeds twenty-five thousand dollars
($25,000), the alteration of any school building.
(2) To enable the Department of General Services to pass upon
and approve plans pursuant to this subdivision, the governing board
of each school district and any other school authority before
adopting any plans for the school building shall submit the plans
to the Department of General Services for approval, and shall pay
the fees prescribed in this article.
(b) Notwithstanding subdivision (a) of Section 17295, where
the estimated cost of the reconstruction or alteration of, or an
addition to, any school building exceeds twenty-five thousand
dollars ($25,000) but does not exceed one hundred thousand dollars
($100,000), a licensed structural engineer shall examine the
proposed project to determine if it is a nonstructural alteration or
a structural alteration. If he or she determines that the project is a
nonstructural alteration, he or she shall prepare a statement so
indicating. If he or she determines that the project is structural, he
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or she shall prepare plans and specifications for the project which
shall be submitted to the Department of General Services building
department of the appropriate local jurisdiction for review and
approval. A copy of the engineer’s report stating that the work
does not affect structural elements shall be filed with the
Department of General Services building department of the
appropriate local jurisdiction.
(c) If a licensed structural engineer submits a report to the
Department of General Services building department of the
appropriate local jurisdiction stating that the plans or activities
authorized pursuant to subdivision (b) do not involve structural
elements, then all of the following shall apply to that project:
(1) The the design professional in responsible charge of the
project undertaken pursuant to this subdivision shall certify that
the plans and specifications for the project meet any applicable
fire and life safety standards, and do not affect the disabled access
requirements of Section 4450 of the Government Code, and shall
submit this certification to the building department. The letter of
certification shall bear the identifying licensing stamp or seal of
the design professional. This provision does not preclude a design
professional from submitting plans and specifications to the
building department along with the appropriate fee for review.
(2) Within 10 days of the completion of any project authorized
pursuant to subdivision (b), the school construction inspector of
record on the project, who is certified by the department to inspect
school buildings, shall certify in writing to the department that the
reconstruction, alteration, or addition has been completed in
compliance with the plans and specifications.
(3) The dollar amounts cited in this section shall be increased
on an annual basis, commencing January 1, 1999, by the
department according to an inflationary index governing
construction costs that is selected and recognized by the
department.
(4) No school district shall subdivide a project for the purpose
of evading the limitation on amounts cited in this section.
(d) For purposes of this section, “design professional in
responsible charge” or “design professional” means the licensed
architect, licensed structural engineer, or licensed civil engineer
who is responsible for the completion of the design work involved
with the project.
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SEC. 13.Section 17296 of the Education Code is repealed.
17296.Notwithstanding any other provision of law, any
school-based facility providing social services or support services,
or health care, that is established through agreements with local
governments and school districts pursuant to Chapter 5
(commencing with Section 8800) of Part 6 or as part of an
integrated children’s services program pursuant to Chapter 12.9
(commencing with Section 18986.40) of Part 6 of Division 9 of
the Welfare and Institutions Code, respectively, is located on school
property, and meets all the requirements of the Uniform Building
Code and has been approved by the building department of the
appropriate local jurisdiction, as well as those of the appropriate
local jurisdiction, shall not be required to obtain approval of plans
by the Department of General Services pursuant to Section 17295.
SEC. 14.Section 17297 of the Education Code is repealed.
17297.Except as provided in Section 17298, before letting any
contract for any construction or alteration of any school building,
the written approval of the plans, as to safety of design and
construction, by the Department of General Services, shall be first
had and obtained.
SEC. 15.Section 17298 of the Education Code is repealed.
17298.Before the commencement of any fabrication,
construction, or alteration of a relocatable school building of a
type previously approved by the Department of General Services,
the written approval of the plans, as to the safety and design of
construction, by the Department of General Services, shall be first
had and obtained.
SEC. 16.Section 17299 of the Education Code is repealed.
17299.In each case the application for approval of the plans
shall be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates
of cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
SEC. 17.Section 17300 of the Education Code is repealed.
17300.(a) The application shall be accompanied by a filing
fee in amounts as determined by the Department of General
Services based on the estimated cost of the work described in
subdivision (a) of Section 17280, according to the following
schedule:
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(1) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(2) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than
5 percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount
by which the actual cost exceeds the amount of the estimated cost.
(b) The fees determined pursuant to subdivision (a) shall be
paid in two installments, as specified by the Department of General
Services. The first installment shall be in an amount equal to 70
percent of the estimated cost calculated under subdivision (a), and
shall be paid at the time the application is submitted to the
department. The second installment shall be in an amount equal
to 30 percent of the estimated cost calculated under subdivision
(a), and shall be paid no later than five working days after the
applicant accepts the bids for construction of the project for which
the fees are paid. This subdivision shall become operative January
1, 1994.
(c) The fee shall be paid to the Department of General Services,
including, but not limited to, a case in which the application is
referred under Section 17306 to a qualified plan review firm.
SEC. 18.Section 17301 of the Education Code is repealed.
17301.(a) All fees received by the Department of General
Services pursuant to this chapter shall be paid into the State
Treasury and credited to the Public School Planning, Design, and
Construction Review Revolving Fund, which is hereby created.
Notwithstanding Section 13340 of the Government Code, all
moneys in the fund are hereby continuously appropriated for
expenditure by the Department of General Services to be applied,
in the most efficient and expeditious manner possible, to the
expenses associated with the review and approval of plans and
specifications, and the supervision of public school building
construction, pursuant to this article and Article 5 (commencing
with Section 17350). The fees paid into the fund shall not be used
for or diverted to any other program or purpose. Notwithstanding
any other provision of law, any moneys in the Architecture Public
Building Fund on the effective date of this section thereupon shall
be transferred to the Public School Planning, Design, and
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Construction Review Revolving Fund for expenditure in
accordance with this section.
Adjustments in the amounts of the fees, as determined by the
Department of General Services, may be made by the department
within the limits set forth in Sections 17300 and 17352 in order
to maintain a reasonable working balance in the fund.
(b) The Department of Finance shall provide for the audit of
the fund as needed to ensure that it is used solely for the purposes
of this article and that the amount of the fee charged does not
exceed what is necessary to cover the costs realized by the
Department of General Services in carrying out its responsibilities
pursuant to this article. The actual cost of the audit shall be paid
from the fund.
SEC. 19.Section 17303 of the Education Code is repealed.
17303.(a) The Department of General Services shall establish
one or more methods to ensure that each application has been
completed sufficiently by the applicant to enable the plan review
to be performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant’s plans. Within 10 days of being so notified, the applicant
shall make an election to either use the Department of General
Services for the review of the applicant’s plan or, request that the
plan review be performed by one or more qualified plan review
firms pursuant to Sections 17305 and 17306. If the applicant elects
to use the services of the Department of General Services for
review of the applicant’s plan, the department, as it deems
necessary to expedite review of the applicant’s plans, in addition
to making a good faith effort to hire state employees, shall do one
or more of the following:
(1) Contract for assistance from one or more qualified plan
review firms pursuant to Section 17305.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving
the notifications required under this subdivision, an employee of
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the applicant school district and either the applicant’s architect or
structural engineer. The Department of General Services
immediately shall notify that employee, and the identified architect
or structural engineer, when each of the following steps in the plan
review process occurs:
(1) The department requests the applicant’s architect or structural
engineer to correct or complete any part of the application.
(2) An application number is assigned to the application.
(3) Review of the applicant’s plans is commenced.
(4) Review of the applicant’s plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant’s architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
SEC. 20.Section 17304 of the Education Code is repealed.
17304.(a) Upon approving the plans submitted by an applicant
pursuant to this article, the Department of General Services shall
cause a final record set of the plans to be printed. The department
may contract with one or more private entities to perform that
printing at one or more of the regional area offices of the
department. The costs incurred pursuant to this subdivision shall
be paid by the applicant.
(b) No later than five working days after approving plans
submitted by an applicant pursuant to this article, the department
shall issue a final letter of approval to the applicant.
SEC. 21.Section 17305 of the Education Code is repealed.
17305.(a) Unless the context otherwise requires, the
definitions set forth in this section govern the construction of this
article.
(1) “Prequalified list” means a list of qualified firms established
by the Department of General Services to perform specific types
of plan review services.
(2) “Qualified plan review firm” means an individual, firm, or
the building official of a city, a county, or a city and county, as
defined in Section 18949.27 of the Health and Safety Code, or the
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authorized representative of the building official that is identified
by the Department of General Services as having appropriate
expertise and knowledge of the requirements that apply to school
buildings under this article.
(b) The department shall establish and maintain a list of qualified
plan review firms, and shall make that list available, upon request,
to school districts and other interested parties.
(c) Notwithstanding Section 14952 of the Government Code,
the Department of General Services shall contract with sufficient
numbers of qualified plan review firms for assistance in performing
the plan review required under the Field Act.
(d) At the discretion of the Department of General Services,
contracts for a qualified plan review firm made pursuant to this
article may be advertised and awarded in accordance with this
section.
(e) (1) The Department of General Services may establish
prequalified lists of qualified firms in accordance with this
subdivision.
(2) (A) For each type of plan review for which the department
elects to use the process established by this section for advertising
and awarding contracts, the Department of General Services may
request statements of qualifications from interested firms.
(B) The request for statements of qualifications shall be
announced statewide through the California State Contracts
Register and publications of relevant professional societies.
(C) Each announcement shall describe the general scope of
services to be provided within each generic project category for
plan review services that the Department of General Services
anticipates may be awarded during the period covered by the
announcement. For the purposes of this section, a generic project
category shall be defined in a manner that each specific project to
be awarded within that discipline meets all of the following
requirements:
(i) The project is substantially similar to all other projects within
that discipline.
(ii) The project is within the same size range and geographical
area.
(iii) The project requires substantially similar skills and
magnitude of professional effort as compared to every other project
within that discipline.
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(3) The Department of General Services shall evaluate the
statements of qualifications, and develop a list of qualified plan
review firms that meet the criteria established and published by
the Department of General Services. Interviews may be held to
determine a plan review firm’s qualifications. Lists of qualified
plan review firms shall be maintained by the Department of General
Services for not more than four years.
(4) During the term of a prequalified list, as specific projects
are identified by the Department of General Services as being
eligible for contracting, the Department of General Services shall
contact a firm on the prequalified list, on a rotational basis, for
both of the following purposes:
(A) To distribute the work in a fair and equitable manner.
(B) To determine that the firm has sufficient staff and is
available for performance of the project.
(5) If the contacted firm is not available, the Department of
General Services shall continue to contact firms on the prequalified
list, on a rotational basis, until an available firm is identified.
(6) The Department of General Services shall negotiate a
contract for the services with the identified firm, including a price
and timeframe that it determines is fair and reasonable.
(7) If the identified plan review firm is unable to negotiate a
satisfactory contract with the Department of General Services, the
department shall terminate negotiations, and shall undertake new
negotiations, on a rotational basis, with the next firm available for
performance from the prequalified list until a successful negotiation
is achieved. If the Department of General Services is unable to
negotiate a satisfactory contract with a firm on two separate
occasions, that firm may be removed from the prequalified list.
(f) Contracts for plan review services that the Department of
General Services elects to advertise and award in accordance with
this section are not subject to Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.
SEC. 22.Section 17306 of the Education Code is repealed.
17306.(a) Upon submitting a complete application for review
under this article, the applicant may request that the Department
of General Services refer the documents necessary for the review
of that application to a qualified plan review firm operating under
contract with the department pursuant to Section 17305. The
department immediately shall grant the request and refer the
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necessary documents to a qualified plan review firm if the applicant
so requests.
Upon completing the review, the qualified plan review firm shall
submit the documents referred to it for the review of the
application, together with the results of its review, to the
Department of General Services.
(b) The Department of General Services shall establish a
procedure governing the use by applicants of the review process
alternative described in this section, including, but not limited to,
provisions restricting the use of qualified plan review firms on the
basis of conflict of interest.
SEC. 23.Section 17307 of the Education Code is amended to
read:
17307.No contract for the construction or alteration of any
school building, made or executed by the governing board of any
school district or other public board, body, or officer otherwise
vested with authority to make or execute a contract, is valid, and
no public money shall be paid for any work done under a contract
or for any labor or materials furnished in constructing or altering
any building, unless the plans, specifications, and estimates comply
in every particular with the provisions of this article and the
requirements prescribed by the Department of General Services
and unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
SEC. 24.Section 17307.5 of the Education Code is repealed.
17307.5.(a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Title 15 (commencing with
Section 3082) of Part 4 of the Civil Code, the Department of
General Services may issue a stop work order when construction
work on a public school is not being performed in accordance with
existing law and would compromise the structural integrity of the
building, thereby endangering the public safety. The Department
of General Services shall allow construction of incidental and
minor nonstructural additions or nonstructural alterations without
invoking its stop work authority.
(b) A school district, county superintendent of schools, county
board of education, or other public board, body, or officer whose
construction work on a public school is subject to a stop work
order issued pursuant to subdivision (a) shall not be held liable in
any action filed against the public board, body, or officer for
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stopping work as required by the stop work order, or for any delays
caused by compliance with the stop work order, except to the extent
that an error or omission by the public board, body, or officer is
the basis for the issuance of the stop work order.
SEC. 25.Section 17308 of the Education Code is repealed.
17308.(a) The Legislature finds and declares that a number
of serious discrepancies in the interpretation of the structural
standards and architectural barrier requirements that apply to school
buildings under this chapter, and of the plan review procedures
that apply under this chapter, exist within the Department of
General Services, and within and between various firms utilized
by the department on a contract basis, applicant school districts,
and architects and structural engineers utilized by applicant school
districts.
(b) The Department of General Services shall provide training,
on an ongoing basis, to its employees and to the employees of
architectural and structural engineering firms that contract with
the department for the purposes of this chapter. The training shall
address all phases of the plan review process established under
this chapter, and shall be designed to ensure that all individuals
who develop and review school building plans obtain sufficient
knowledge of the rules, regulations, and standards that apply under
this chapter.
(c) The department shall make the training described in
subdivision (b) available to the employees of architectural and
structural engineering firms that contract with applicant school
districts for the purpose of this chapter, and to any other
individuals, firms, and government agencies that are involved in
school building design, construction, or inspection and that may
benefit from the training. The department may charge a fee for
training provided pursuant to this subdivision.
(d) The department shall develop and publish interpretations of
the structural standards, architectural barrier requirements, and
review procedures referred to in subdivision (a) as may be
necessary to remedy the interpretational discrepancies described
in that subdivision. These interpretational materials shall be
updated at least annually.
SEC. 26.Section 17309 of the Education Code is repealed.
17309.From time to time, as the work of construction or
alteration progresses and whenever the Department of General
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Services requires, the licensed architect or structural engineer in
charge of observation of construction or registered engineer in
charge of observation of other work, the inspector on the work,
and the contractor shall each make to the Department of General
Services a report, duly verified by him or her, upon a form
prescribed by the Department of General Services, based upon his
or her own personal knowledge, indicating that the work during
the period covered by the report has been performed and materials
have been used and installed, in every material respect, in
compliance with the approved plans and specifications, setting
forth such detailed statements of fact as are required by the
Department of General Services.
The term “personal knowledge” as used in this section and as
applied to the architect, and the registered engineer, means the
personal knowledge which is obtained from periodic visits to the
project site of reasonable frequency for the purpose of general
observation of the work, and also which is obtained from the
reporting of others as to the progress of the work, testing of
materials, inspection and superintendence of the work that is
performed between the above-mentioned periodic visits of the
architect or the registered engineer. The exercise of reasonable
diligence to obtain the facts is required.
The term “personal knowledge” as applied to the inspector means
the actual personal knowledge which is obtained from his or her
personal continuous inspection of the work of construction in all
stages of its progress at the site where he is responsible for
inspection and, when work is carried out away from the site, that
personal knowledge which is obtained from the reporting of others
on the testing or inspection of materials and workmanship for
compliance with plans, specifications or applicable standards. The
exercise of reasonable diligence to obtain the facts is required.
The term “personal knowledge” as applied to the contractor
means the personal knowledge which is obtained from the
construction of the building. The exercise of reasonable diligence
to obtain the facts is required.
SEC. 27.Section 17310 of the Education Code is repealed.
17310.Except as provided in Section 18930 of the Health and
Safety Code, the Department of General Services may from time
to time make such rules and regulations as it deems necessary,
proper, or suitable to carry out the provisions of this article.
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The Department of General Services shall adopt and submit
building standards for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 of Division 13 of the Health and
Safety Code for the purposes described in this article.
SEC. 28.Section 17311 of the Education Code is repealed.
17311.(a) The Department of General Services shall make
such inspection of the school buildings and of the work of
construction or alteration as in its judgment is necessary or proper
for the enforcement of this article and the protection of the safety
of the pupils, the teachers, and the public. The school district, city,
city and county, or the political subdivision within the jurisdiction
of which any school building is constructed or altered shall provide
for and require competent, adequate, and continuous inspection
during construction or alteration by an inspector satisfactory to
the architect or structural engineer and the Department of General
Services. The inspector shall act under the direction of the
governing board and architect or structural engineer as the board
may direct. The inspector shall be responsible to the governing
board for employment purposes. The inspector shall be responsible
to the Department of General Services for enforcement of the plans
and specifications of the school project.
(b) In order to ensure the competency and adequacy of the
inspectors required under this article, the Department of General
Services shall do all of the following:
(1) Revise the examination used to determine the competency
of those who provide inspections pursuant to this article. The
revision of the examination shall include techniques of inspection,
construction, plan reading, required submittal documents, and
knowledge of statutes and regulations that apply to school
construction. The revision of the examination shall be done not
later than 48 months after the last revision and not earlier than 36
months after the last revision.
(2) Provide training on an ongoing basis to all individuals who
provide the inspections required under this article. The training
shall be designed to ensure that all individuals who provide the
continuous inspection of school building construction or alteration
are sufficiently knowledgeable of the rules, regulations, and
standards that apply under this article.
(3) Require evaluation of the competency of those who provide
inspections pursuant to this article. After an initial evaluation a
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reevaluation shall occur not later than 48 months after the last
evaluation or reevaluation and not earlier than 36 months after the
last evaluation or reevaluation. An evaluation or reevaluation shall
include passage of the examination used to determine competence
specified in paragraph (1) and attendance at training specified in
paragraph (2).
(c) The Department of General Services may require a fee from
all individuals applying for evaluation or reevaluation pursuant to
subdivision (b), and a fee for the examination administered in the
evaluation or reevaluation. The fees shall not be more than the
reasonable costs associated with the development and
administration of the examination and the training.
SEC. 29.Section 17313 of the Education Code is repealed.
17313.Upon written request by the governing board of any
school district or upon written request by at least 10 percent of the
parents having children enrolled as pupils in any school district as
certified to by the county superintendent of schools, the Department
of General Services shall make an examination and report on the
structural condition of any public school building of the district,
subject to the payment by the governing board of the actual
expenses incurred by the Department of General Services. Payment
of the expenses may be waived by the Department of General
Services on recommendation of the State Superintendent of Public
Instruction when it appears to him or her that the school district
in which the public school building is located cannot afford to pay
them.
SEC. 30.Section 17314 of the Education Code is repealed.
17314.Any public school building which has been approved
by the Department of General Services (formerly Division of
Architecture) for occupancy shall be deemed to meet the local
building requirements for use as a private school.
SEC. 31.Section 17315 of the Education Code is repealed.
17315.(a) When a school building constructed in accordance
with plans and specifications approved by the Department of
General Services is completed, the notice of completion is filed,
and all final verified reports and all testing and inspection
documents, as required by this article or as required by the rules
and regulations adopted pursuant to this article, are submitted to
and on file with the Department of General Services, and all
required fees paid by the school district, the department shall issue
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a certification that the school building complies with the
requirements of this article. Nothing in this article shall prevent
beneficial occupancy by a school district prior to the issuance of
this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 39151, have not been
submitted to the Department of General Services due to the
incapacitating illness, death, or the default of any persons required
to file such reports, the Department of General Services shall, upon
written request of the school district, review all of the project
records and make such examinations as it deems necessary to
enable it to certify that the school building otherwise complies
with the requirements of this article. The Department of General
Services may request the school district to have made, reported,
and verified any other tests and inspections which the department
deems necessary to complete its examinations of the construction.
(c) The costs incurred by the Department of General Services
in connection with this section shall be paid by the school district.
The actual costs to perform the examinations, tests, and inspections
shall be an appropriate cost of the project to be paid from the
building funds of the district. Certification of the project by the
Department of General Services shall be withheld until all the costs
have been paid by the school district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section 17309,
or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 17312.
SEC. 32.Section 17317 of the Education Code is repealed.
17317.(a) The Department of General Services shall, in
consultation with the Seismic Safety Commission, conduct an
inventory of public school buildings that are concrete tilt-up school
buildings and school buildings with nonwood frame walls that do
not meet the minimum requirements of the 1976 Uniform Building
Code. Priority shall be given to the school buildings identified in
the act that added this section that are in the highest seismic risk
zones in accordance with the seismic hazard maps of the Division
of Mines and Geology of the Department of Conservation.
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(b) The Department of General Services shall submit a report
by December 31, 2001, to the Legislature and the Governor that
summarizes the findings of the seismic safety inventory and makes
recommendations about future actions that should be taken to
address the problems found by the seismic safety inventory. The
report shall not identify individual schoolsites on which inventoried
school buildings are located.
SEC. 33.Article 3.3 (commencing with Section 17319) of
Chapter 3 of Part 10.5 of Division 1 of Title 1 of the Education
Code is repealed.
SEC. 34.Section 17351 of the Education Code is repealed.
17351.Except as provided in Section 18930 of the Health and
Safety Code, the Department of General Services shall adopt
regulations for the safety of design and construction of factory-built
buildings for use as school buildings, and shall prescribe procedures
for the plans, specifications, methods of construction, and estimates
of cost of a factory-built school building to be submitted to the
department for approval as provided in Section 17352. Except as
provided in Section 18930 of the Health and Safety Code, such
regulations shall comply with but not be limited by the provisions
of Article 2 (commencing with Section 17260) and Article 3
(commencing with Section 17280) of this chapter.
The Department of General Services shall adopt and submit
building standards for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 of Division 13 of the Health and
Safety Code for the purposes described in this section.
SEC. 35.Section 17352 of the Education Code is amended to
read:
17352.A manufacturer of factory-built buildings designed or
intended for use as school buildings shall submit to the Department
of General Services building department of the appropriate local
jurisdiction and the State Department of Education for approval,
its plans, specifications, methods of construction, and estimates
of cost of such buildings.At the same time the manufacturer shall
pay to the Department of General Services a deposit to be applied
toward the actual expenses in an amount as determined by the
Department of General Services based on the estimated cost of
such factory-built buildings, but not exceeding 0.5 percent of such
estimated cost. The minimum deposit in any case shall be fifty
dollars ($50). The manufacturer shall reimburse the Department
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of General Services and the State Department of Education for the
actual expenses incurred by those departments in the review of
such plans and specifications.
All fees received by the Department of General Services pursuant
to this article are subject to the provisions of Section 17301.
SEC. 36.Section 17354 of the Education Code is amended to
read:
17354.The Department of General Services, in accordance
with standards and procedures adopted pursuant to Section 17351,
and as such standards and procedures may thereafter be modified,
building department of the appropriate local jurisdiction shall
either approve or reject such the plans, specifications, and methods
of construction.Approval shall not be given unless such plans,
specifications, and methods of construction are in accordance with
standards adopted by the department pursuant to Section 17351.
The department may establish procedures for the inspection of the
facilities and manufacturing processes of a manufacturer to
determine the manufacturer’s ability to produce factory-built school
buildings in accordance with the plans, specifications, and methods
of construction which the manufacturer has submitted to the
department. The Department of General Services shall notify the
State Department of Education of its approval of a manufacturer’s
plans, specifications, and methods of construction of a factory-built
school building.
SEC. 37.Section 17355 of the Education Code is repealed.
17355.The Department of General Services shall provide for
competent, adequate, and continuous inspection during construction
in the factory to insure that all work has been performed and
materials used and installed, in every particular, in accordance
with the approved plans and specifications. The manufacturer shall
reimburse the department for the costs incurred for such inspection
as determined by the department.
SEC. 38.Section 17356 of the Education Code is repealed.
17356.From time to time, as the work of construction in the
factory progresses and whenever the Department of General
Services requires, the certified architect or structural engineer in
responsible charge of the supervision of the work of construction
in the factory, the inspector on the work, and the manufacturer
shall each make to the Department of General Services a report,
duly verified by him or her, upon a form prescribed by the
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Department of General Services, showing, of his or her own
personal knowledge, that the work during the period covered by
the report has been performed, and materials used and installed,
in every particular, in accordance with the approved plans and
specification, setting forth such detailed statements of fact as are
required by the Department of General Services.
SEC. 39.Section 17357 of the Education Code is repealed.
17357.Upon the Department of General Services’ approval of
a manufacturer’s plans, specifications, and methods of construction
of a factory-built school building, a school district, whenever it is
otherwise required by any of the provisions of Article 2
(commencing with Section 17260), or Article 3 (commencing with
Section 17280) of this chapter to submit to the Department of
General Services or to the State Department of Education the plans
and specifications for the construction of a school building may,
instead, include in its application for approval to each of such
departments a notification that it intends to utilize such factory-built
school building. The plans and specifications for the factory-built
building to be utilized shall be submitted with the application and
notification for identification purposes. Before granting its approval
for the use of such buildings, the Department of General Services
shall insure that the plans, specifications, and methods of
construction of the buildings have been approved and are in
accordance with standards adopted by the department pursuant to
Section 17351 which are in effect at the time the application for
approval is passed upon by the department. Whenever a school
district complies with the alternative procedure prescribed by this
section it shall not be required to pay the filing fee prescribed by
Sections 17267 and 17300, except that a fee shall be charged for
onsite work pursuant to Section 17358. If the submitted plans and
specifications have not been previously approved the application
shall be rejected. In such case a new application together with
required documents shall be filed for approval of plans and
specifications by either the manufacturer pursuant to the provisions
of Section 17352 or by the school district pursuant to the provisions
of Article 3 (commencing with Section 17280) of this chapter.
SEC. 40.Section 17358 of the Education Code is repealed.
17358.Whenever a school district has contracted for the
purchase or lease of a factory-built school building and where such
building is to be supported by foundations, underpinning, pedestals,
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or similar type elements which extend more than 18 inches above
natural grade at any point, or on temporary blocks or jacks of any
height, all the provisions of Article 3 (commencing with Section
17280) of this chapter shall apply to the design and construction
of onsite work except that, for fee purposes, only the estimated
cost of onsite work need be considered. The minimum amount in
any case shall be fifty dollars ($50).
SEC. 41.Section 17359 of the Education Code is repealed.
17359.The provisions of Sections 17266, 17268, 17300, 17302,
and 17309 shall not apply with respect to the manufacture, sale,
or lease of factory-built school buildings if this article is otherwise
complied with.
SEC. 42.Section 17360 of the Education Code is repealed.
17360.Sections 17297, 17302, 17307, 17309, and 17311 shall
not apply with respect to the design and construction of onsite
work except where required by Section 17358.
SEC. 43.Section 81130 of the Education Code is repealed.
81130.(a) The Department of General Services under the
police power of the state shall supervise the design and construction
of any school building or the reconstruction or alteration of, or
addition to, any school building, if not exempted under Section
81133, to ensure that plans and specifications comply with the
rules and regulations adopted pursuant to this article and building
standards published in Title 24 of the California Code of
Regulations, and to ensure that the work of construction has been
performed in accordance with the approved plans and
specifications, for the protection of life and property. Nothing in
this section shall be construed to allow a community college district
to perform work with its own forces in excess of the limitations
set forth in Article 41 (commencing with Section 20650) of Part
3 of Division 2 of the Public Contract Code.
(b) Whenever repairs due to fire damage must be made to any
school building previously approved by the Department of General
Services, the approved plans and specifications used in the original
work under then existing rules, regulations, and building standards
may be used without modification, providing all other provisions
of this article are carried out.
SEC. 44.Section 81130.3 of the Education Code is repealed.
81130.3.This article, together with Article 3 (commencing
with Section 17280) and Article 6 (commencing with Section
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17365) of Chapter 3 of Part 10.5 and Article 3 (commencing with
Section 81050), shall be known and may be cited as the “Field
Act.”
SEC. 45.Section 81133 of the Education Code is amended to
read:
81133.(a) The Department of General Services shall pass
upon, and approve or reject, all plans for the construction or, if the
estimated cost exceeds twenty-five thousand dollars ($25,000),
the alteration of any school building. To enable it to do so, the
governing board of each community college district and any other
school authority before adopting any plans for the school building
shall submit the plans to the Department of General Services for
approval, and shall pay the fees prescribed in this article.
(b) Notwithstanding subdivision (a), where
81133.(a) If the estimated cost of reconstruction or alteration
of, or addition to, a school building exceeds twenty-five thousand
dollars ($25,000), but does not exceed one hundred thousand
dollars ($100,000), a licensed structural engineer shall examine
the proposed project to determine if it is a nonstructural alteration
or a structural alteration. If he or she determines that the project
is a nonstructural alteration, he or she shall prepare a statement so
indicating. If he or she determines that the project is structural, he
or she shall prepare plans and specifications for the project which
shall be submitted to the Department of General Services building
department of the appropriate local jurisdiction for review and
approval. A copy of the engineer’s report stating that the work
does not affect structural elements shall be filed with the
Department of General Services building department of the
appropriate local jurisdiction.
(c)
(b) If a licensed structural engineer submits a report to the
Department of General Services building department of the
appropriate local jurisdiction stating that the plans or activities
authorized pursuant to subdivision (b) do not involve structural
elements, then all of the following shall apply to that project:
(1) The design professional in responsible charge of the project
undertaken pursuant to this subdivision shall certify that the plans
and specifications for the project meet any applicable fire and life
safety standards, and do not affect the disabled access requirements
of Section 4450 of the Government Code, and shall submit this
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certification to the building department of the appropriate local
jurisdiction. The letter of certification shall bear the identifying
licensing stamp or seal of the design professional. This provision
does not preclude a design professional from submitting plans and
specifications to the department along with the appropriate fee for
review.
(2) Within 10 days of the completion of any project authorized
pursuant to subdivision (b), the school construction inspector of
record on the project, who is certified by the department to inspect
school buildings, shall certify in writing to the building department
of the appropriate local jurisdiction that the reconstruction,
alteration, or addition has been completed in compliance with the
plans and specifications.
(3) The dollar amounts cited in this section shall be increased
on an annual basis, commencing January 1, 1999, by the
department according to an inflationary index governing
construction costs that is selected and recognized by the
department.
(4)
(3) No school district shall subdivide a project for the purpose
of evading the limitation on amounts cited in this section.
(5)
(4) Before letting any contract for any construction or alteration
of any school building, the written approval of the plans, as to
safety of design and construction, by the Department of General
Services building department of the appropriate local jurisdiction,
shall first be had and obtained.
(6) In each case the application for approval of the plans shall
be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates
of cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
(7) (A) The application shall be accompanied by a filing fee in
amounts as determined by the Department of General Services
based on the estimated cost according to the following schedule:
(i) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(ii) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
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(B) The minimum fee in any case shall be two hundred fifty
dollars ($250). If the actual cost exceeds the estimated cost by
more than 5 percent, a further fee shall be paid to the Department
of General Services, based on the above schedule and computed
on the amount by which the actual cost exceeds the amount of the
estimated cost.
(8) (A) All fees collected under this article shall be paid into
the State Treasury and credited to the Public School Planning,
Design, and Construction Review Revolving Fund, and are
continuously appropriated, without regard to fiscal years, for the
use of the Department of General Services, subject to approval of
the Department of Finance, in carrying out this article.
(B) Adjustments in the amounts of the fees, as determined by
the Department of General Services and approved by the
Department of Finance, shall be made within the limits set in
paragraph (7) in order to maintain a reasonable working balance
in the fund.
(9)
(5) No contract for the construction or alteration of any school
building, made or executed by the governing board of any
community college district or other public board, body, or officer
otherwise vested with authority to make or execute this contract,
is valid, and no public money shall be paid for any work done
under this contract or for any labor or materials furnished in
constructing or altering the building, unless the plans,
specifications, and estimates comply in every particular with the
provisions of this article and the requirements prescribed by the
Department of General Services and unless the approval thereof
in writing has first been had and obtained from the Department of
General Services.
(d)
(c) For purposes of this section, “design professional in
responsible charge” or “design professional” means the licensed
architect, licensed structural engineer, or licensed civil engineer
who is responsible for the completion of the design work involved
with the project.
SEC. 46.Section 81133.1 of the Education Code is repealed.
81133.1.(a) The Legislature finds and declares all of the
following:
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(1) The purpose of the collaborative process for project
development and review is to ensure the public safety of
community college facilities through a collaborative, consistent
and timely project development and review process.
(2) The collaborative process for project development and
review may be made available, as an alternative to the traditional
plan review and approval process, to community college districts
that voluntarily apply to the Department of General Services.
(3) This process entails the early participation of all parties
involved in a project from project development and continuing
through plan review, construction and certification of community
college facilities projects. These parties include, but are not limited
to, the Department of General Services’ staff and their qualified
plan review firms, and community college districts and their design
professionals.
(b) In consultation with the Board of Governors of the California
Community Colleges, the Department of General Services shall
establish procedures and requirements governing the use of the
collaborative process for project development and review
alternative. These procedures and requirements shall include an
application and selection process. Upon project selection, the
Department of General Services and the community college district
shall mutually agree to the roles and responsibilities of the
Department of General Services, the applicant community college
district, and its design professionals.
(c) As a part of the establishment of the requirements for the
collaborative process for project development and review, the
Department of General Services, in consultation with participating
community college districts, shall establish mutually determined
timeframe goals for a project’s plan review, district and consultant
response, response review, and final approval. Those timeframe
goals shall reflect the project’s estimated construction cost,
complexity, size, and other requirements of the collaborative
process for project development and review.
(d) The Department of General Services shall establish model
statewide timeframe goals, in consultation with community college
districts and other relevant parties, by February 1, 2007.
Implementation of the collaborative process for project
development and review with participating community college
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districts shall not negatively impact the traditional plan review
process with other community college districts.
(e) The Department of General Services shall submit a
preliminary report to the Legislature by July 1, 2008, and a final
report by July 1, 2009. These reports shall address whether the
implementation of the collaborative process for project
development and review has assisted the department and
community college districts in meeting their mutually determined
timeframe goals.
(f) Notwithstanding Section 81133, the application for the
collaborative process for project development and review may be
accompanied by a filing fee from the community college district
in amounts determined by the Department of General Services
based on the estimated project cost and according to the filing fee
schedule identified in paragraph (7) of subdivision (c) of Section
81133. The Department of General Services may establish a
procedure for the payment and collection of this filing fee.
(g) The department may assess a fee on a participating district
to cover the unreimbursed costs of the department incurred
pursuant to that district’s participation in the collaborative process
if the department deems the assessment of the fee to be necessary
for the support of its operations and establishes a procedure for
the determination, collection, and deposit of the fee.
(h) During project development, the community college district
may provide input to the Department of General Services in its
selection of a qualified plan review firm to provide consultative
services to that department. Upon project submittal by the applicant
community college district, the department may also refer the
necessary project documents to the selected qualified plan review
firm for plan review. The department may establish procedures
governing the use of this section by applicant community college
districts for the selection of a qualified plan review firm.
SEC. 47.Section 81133.2 of the Education Code is repealed.
81133.2.(a) The Department of General Services shall provide
training, on an ongoing basis, to its employees and to the
employees of architectural and structural engineering firms that
contract with the department for the purposes of this chapter. The
training shall address all phases of the plan review process
established under this chapter, and shall be designed to ensure that
all individuals who develop and review college building plans
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obtain sufficient knowledge of the rules, regulations, and standards
that apply under this chapter.
(b) The department shall make the training described in
subdivision (a) available to the employees of architectural and
structural engineering firms that contract with applicant community
college districts for the purpose of this chapter, and to any other
individuals, firms, and governmental agencies that are involved
in college building design, construction, or inspection, and that
may benefit from the training.
(c) The department may charge a fee for training provided
pursuant to this subdivision.
SEC. 48.Section 81133.5 of the Education Code is repealed.
81133.5.(a) Notwithstanding any provision of law to the
contrary, including, but not limited to, Title 15 (commencing with
Section 3082) of Part 4 of the Civil Code, the Department of
General Services may issue a stop work order when construction
work on a community college is not being performed in accordance
with existing law and would compromise the structural integrity
of the building, thereby endangering the public safety. The
Department of General Services shall allow construction of
incidental and minor nonstructural additions or nonstructural
alterations without invoking its stop work authority.
(b) A community college district or other public board, body,
or officer whose construction work on a community college is
subject to a stop work order issued pursuant to subdivision (a)
shall not be held liable in any action filed against the public board,
body, or officer for stopping work as required by the stop work
order, or for any delays caused by compliance with the stop work
order, except to the extent that an error or omission by the public
board, body, or officer is that basis for the issuance of the stop
work order.
SEC. 49.Section 81134 of the Education Code is repealed.
81134.(a) The Department of General Services shall establish
one or more methods to ensure that each application has been
completed sufficiently by the applicant to enable the plan review
to be performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant’s plans. Within 10 days of being so notified, the applicant
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shall make an election to either use the Department of General
Services for the review of the applicant’s plans or, request that the
plan review be performed by one or more qualified plan review
firms pursuant to Sections 81135 and 81136. If the applicant elects
to use the services of the Department of General Services for
review of the applicant’s plans, the department, as it deems
necessary to expedite review of the applicant’s plans, in addition
to making a good faith effort to hire state employees, shall do one
or more of the following:
(1) Contract for assistance from one or more qualified plan
review firms pursuant to Sections 81135 and 81136.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving
the notifications required under this subdivision, an employee of
the applicant community college district and either the applicant’s
architect or structural engineer. The Department of General
Services immediately shall notify that employee, and the identified
architect or structural engineer, when each of the following steps
in the plan review process occurs:
(1) The department requests the applicant’s architect or structural
engineer to correct or complete any part of the application.
(2) An application number is assigned to the application.
(3) Review of the applicant’s plans is commenced.
(4) Review of the applicant’s plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant’s architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
SEC. 50.Section 81135 of the Education Code is repealed.
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81135.(a) Unless the context otherwise requires, the
definitions set forth in this section govern the construction of this
article.
(1) “Prequalified list” means a list of qualified firms established
by the Department of General Services to perform specific types
of plan review services.
(2) “Qualified plan review firm” means an individual, firm, or
the building official of a city, county, or city and county, as defined
in Section 18949.27 of the Health and Safety Code, or the
authorized representative of that building official that is identified
by the Department of General Services as having appropriate
expertise and knowledge of the requirements that apply to school
buildings under this article.
(b) The department shall establish and maintain a list of qualified
plan review firms, and shall make that list available, upon request,
to community college districts and other interested parties.
(c) Notwithstanding Section 14952 of the Government Code,
the Department of General Services shall contract with sufficient
numbers of qualified plan review firms for assistance in performing
the plan review required under the Field Act.
(d) At the discretion of the Department of General Services,
contracts for a qualified plan review firm made pursuant to this
article may be advertised and awarded in accordance with this
section.
(e) (1) The Department of General Services may establish
prequalified lists of qualified firms in accordance with this
subdivision.
(2) (A) For each type of plan review for which the department
elects to use the process established by this section for advertising
and awarding contracts, the Department of General Services may
request statements of qualifications from interested firms.
(B) The request for statements of qualifications shall be
announced statewide through the California State Contracts
Register and publications of relevant professional societies.
(C) Each announcement shall describe the general scope of
services to be provided within each generic project category for
plan review services that the Department of General Services
anticipates may be awarded during the period covered by the
announcement. For the purposes of this section, a generic project
category shall be defined in a manner that each specific project to
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be awarded within a respective discipline meets all of the following
requirements:
(i) The project is substantially similar to all other projects within
that discipline.
(ii) The project is within the same size range and geographical
area.
(iii) The project requires substantially similar skills and
magnitude of professional effort as compared to every other project
within that discipline.
(3) The Department of General Services shall evaluate the
statements of qualifications, and develop a list of qualified plan
review firms that meet the criteria established and published by
the Department of General Services. Interviews may be held to
determine a firm’s qualifications. Lists of qualified plan review
firms shall be maintained by the Department of General Services
for not more than four years.
(4) During the term of a prequalified list, as specific projects
are identified by the Department of General Services as being
eligible for contracting, the Department of General Services shall
contact a firm on the prequalified list, on a rotational basis, for
both of the following purposes:
(A) To distribute the work in a fair and equitable manner.
(B) To determine that the firm has sufficient staff and is
available for performance of the project.
(5) If the contacted firm is not available, the Department of
General Services shall continue to contact firms on the prequalified
list, on a rotational basis, until an available firm is identified.
(6) The Department of General Services shall negotiate a
contract for the services with the identified firm, including a price
and timeframe that it determines is fair and reasonable.
(7) If the identified plan review firm is unable to negotiate a
satisfactory contract with the Department of General Services, the
department shall terminate negotiations, and shall undertake
negotiations, on a rotational basis, with the next firm available for
performance from the prequalified list until a successful negotiation
is achieved. If the Department of General Services is unable to
negotiate a satisfactory contract with a firm on two separate
occasions, that firm may be removed from the prequalified list.
(f) Contracts for plan review services that the Department of
General Services elects to advertise and award in accordance with
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this section are not subject to Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.
SEC. 51.Section 81136 of the Education Code is repealed.
81136.(a) Upon submitting a complete application for review
under this article, the applicant may request that the Department
of General Services refer the documents necessary for the review
of that application to a qualified plan review firm operating under
contract with the department pursuant to Section 81135. The
department immediately shall grant the request and refer the
necessary documents to a qualified plan review firm if the applicant
so requests. Upon completing the review, the qualified plan review
firm shall submit the documents referred to it for the review of the
application, together with the results of its review, to the
Department of General Services.
(b) The Department of General Services shall establish a
procedure governing the use by applicants of the review process
alternative described in this section, including, but not limited to,
provisions restricting the use of qualified plan review firms on the
basis of conflict of interest.
SEC. 52.Section 81138 of the Education Code is amended to
read:
81138.(a) Except as provided in subdivision (b), all plans,
specifications, and estimates shall be prepared by a licensed
architect holding a valid certificate under Chapter 3 (commencing
with Section 5500) of Division 3 of the Business and Professions
Code or by a structural engineer holding a valid certificate to use
the title structural engineer under Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code,
and the observation of the work of construction shall be under the
responsible charge of such an architect or structural engineer.
(b) For the purposes of this section, a mechanical or electrical
engineer holding a valid certificate under Chapter 7 (commencing
with Section 6700) of Division 3 of the Business and Professions
Code may be in responsible charge of preparation of plans,
specifications, and estimates, and observation of the work of
construction where the work is, as determined by the Department
of General Services building department of the appropriate local
jurisdiction, of the kind normally performed by engineers certified
in the particular branch of engineering for which the engineer is
certified. Any architectural or structural work involved shall be
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the respective responsibility of a licensed architect holding a valid
certificate under Chapter 3 (commencing with Section 5500) of
Division 3 of the Business and Professions Code, or a structural
engineer holding a valid certificate to use the title structural
engineer under Chapter 7 (commencing with Section 6700) of
Division 3 of the Business and Professions Code.
SEC. 53.Section 81141 of the Education Code is repealed.
81141.From time to time, as the work of construction or
alteration progresses and whenever the Department of General
Services requires, the licensed architect or structural engineer in
charge of observation of construction or registered engineer in
charge of observation of other work, the inspector on the work,
and the contractor shall each make to the Department of General
Services a report, duly verified by him or her, upon a form
prescribed by the Department of General Services, based upon his
or her own personal knowledge, indicating that the work during
the period covered by the report has been performed and materials
have been used and installed, in every material respect, in
compliance with the approved plans and specifications, setting
forth detailed statements of fact that are required by the Department
of General Services.
“Personal knowledge,” as used in this section and as applied to
the architect and the registered engineer, means the personal
knowledge that is obtained from periodic visits to the project site
of reasonable frequency for the purpose of general observation of
the work, and also that is obtained from the reporting of others as
to the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts
is required.
“Personal knowledge,” as applied to the inspector, means the
actual personal knowledge that is obtained from his or her personal,
continuous inspection of the work of construction in all stages of
its progress at the site where he or she is responsible for inspection
and, when work is carried out away from the site, personal
knowledge that is obtained from the reporting of others on the
testing or inspection of materials and workmanship for compliance
with plans, specifications, or applicable standards. The exercise
of reasonable diligence to obtain the facts is required.
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“Personal knowledge,” as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts
is required.
SEC. 54.Section 81142 of the Education Code is repealed.
81142.Except as provided in Section 18930 of the Health and
Safety Code, the Department of General Services may from time
to time make such rules and regulations as it deems necessary,
proper, or suitable to carry out the provisions of this article.
The Department of General Services shall adopt and submit
building standards for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 of Division 13 of the Health and
Safety Code for the purposes described in this article.
SEC. 55.Section 81143 of the Education Code is repealed.
81143.The State Department of General Services shall make
such inspection of the school buildings and of the work of
construction or alteration as in its judgment is necessary or proper
for the enforcement of this article and the protection of the safety
of the students, the instructors, and the public. The community
college district, city, city and county, or the political subdivision
within the jurisdiction of which any school building is constructed
or altered shall provide for and require competent, adequate, and
continuous inspection during construction or alteration by an
inspector satisfactory to the architect or structural engineer and
the Department of General Services. The inspector shall act under
the direction of the architect or structural engineer as the board
may direct, and be responsible to the governing board.
SEC. 56.Section 81146 of the Education Code is repealed.
81146.Any public school building which has been approved
by the Department of General Services for occupancy shall be
deemed to meet the local building requirements for use as a private
school.
SEC. 57.Section 81147 of the Education Code is repealed.
81147.(a) When a school building constructed in accordance
with plans and specifications approved by the Department of
General Services is completed, the notice of completion is filed,
and all final verified reports and all testing and inspection
documents, as required by this article or as required by the rules
and regulations adopted pursuant to this article, are submitted to
and on file with the Department of General Services, and all
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required fees paid by the community college district, the
department shall issue a certification that the school building
complies with the requirements of this article. Nothing in this
article shall prevent beneficial occupancy by a community college
district prior to the issuance of this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been
submitted to the Department of General Services due to the
incapacitating illness, death, or the default of any persons required
to file such reports, the Department of General Services shall, upon
written request of the community college district, review all of the
project records and make such examinations as it deems necessary
to enable it to certify that the school building otherwise complies
with the requirements of this article. The Department of General
Services may request the community college district to have made,
reported, and verified any other tests and inspections which the
department deems necessary to complete its examinations of the
construction.
(c) The costs incurred by the Department of General Services
in connection with this section shall be paid by the community
college district. The actual costs to perform the examinations, tests,
and inspections shall be an appropriate cost of the project to be
paid from the building funds of the district. Certification of the
project by the Department of General Services shall be withheld
until all the costs have been paid by the community college district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section 81141,
or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 81144.
SEC. 58.Section 81149 of the Education Code is amended to
read:
81149.(a) Notwithstanding any provision of law, a community
college district may acquire for use any facility previously used
by the United States military and closed as a result of action by
the federal Defense Base Closure and Realignment Commission,
or purchase any offsite building constructed prior to January 1,
1998 that meets the structural requirements of the 1976 Uniform
Building Code, or subsequent additions to that code, but that does
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not meet the requirements of Section 81130, for use as a school
building, as defined in Section 81130.5, if the governing board of
the district finds that all of the following conditions have been
met:
(1) A a structural engineer has inspected the building or facility
and submitted a report to the governing board of the community
college district that certifies that the building or facility is in
substantial compliance with the requirements of this article, or
describes in detail any structural modifications necessary to render
the building or facility in substantial compliance with this article.
For purposes of this section, substantial compliance with this article
means that the building or facility is likely to resist, without
catastrophic collapse, earthquake forces generated by major
earthquakes of the intensity and severity of the strongest
experienced in California, but may experience some reparable
architectural or structural damage. This requirement is satisfied if
the structural engineer affixes his or her seal of approval to the
report and he or she attests in that report that to the best of his or
her knowledge:
(A)
(1) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection
records of the building or facility, to the extent those items are
available.
(B)
(2) He or she has authorized testing and has observed or
reviewed the test results and the inspections of an adequate sample
of the structure’s welds, anchor bolts, and other structural elements.
(C)
(3) He or she has observed that the nonstructural elements,
including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
(2) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (1) to the
Department of General Services for its review. Within 45 working
days, the Department of General Services shall review the report
for compliance with the above requirements, to provide feedback
to the structural engineer regarding any insufficiencies with the
report, and to determine whether or not the building or facility is
in substantial compliance with the requirements of this article, or
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whether any proposed structural modifications will render the
structure in substantial compliance with this article. If the
Department of General Services does not respond within 45
working days of the submission of the final and complete report,
the department will be deemed to have concurred with the structural
engineer’s report. If structural modifications are necessary to
achieve substantial compliance with this article, plans shall be
submitted to the department for review and approval. Construction
shall be completed in compliance with the continuous inspection
requirements of this article.
(b) (1) No member of the governing board of a community
college district, and no employee of a community college district,
shall be held personally liable for injury to persons or damage to
property resulting from the fact that the governing board of the
community college district purchased a building or facility pursuant
to this subdivision for a school and the building or facility was not
constructed pursuant to the requirements of Section 81130.
(2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a building or
facility pursuant to this subdivision for a school if the building or
facility was not constructed pursuant to the requirements of Section
81130. The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district, the governing board, or the district’s
employees pursuant to Section 835 of the Government Code.
(3) Section 81144 is not applicable to a person who, pursuant
to this section, purchases a building or facility that meets the
requirements of this section but does not meet the requirements
of Section 81130. Approval and use of a building or facility
pursuant to this section does not violate this article.
SEC. 59.Section 4453 of the Government Code is amended
to read:
4453.The responsibility for enforcement of this chapter shall
be as follows:
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(a) By the Director of the Department of General Services where
state funds are utilized for any project or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary, secondary, or community college
projects.
(b) By by the governing bodies thereof where funds of counties,
municipalities, or other political subdivisions if their funds are
utilized except as otherwise provided in (a) above for purposes of
complying with this chapter.
SEC. 60.Section 4453.5 of the Government Code is repealed.
4453.5.(a) In addition to any other inspection requirements
pertaining to building standards of state and school district
buildings used by the public, the construction of which are under
the jurisdiction of the Office of the State Architect in the
Department of General Services, accessibility to persons with
handicaps may be inspected pursuant to subdivision (b) in state
and school district buildings used by the public in order to
determine if the building meets minimum state standards for
accessibility to handicapped persons.
(b) Inspection and approval may be made on a voluntary basis
by one or more persons who have physical disabilities or who
represent the interests of physically disabled persons, who are
familiar with the California access laws and standards, and who
have been chosen by the Department of Rehabilitation. The
Department of Rehabilitation may assign these volunteers to inspect
those state and school district buildings used by the public specified
in subdivision (a). If the volunteer inspector finds that a building
does not meet minimum state standards for accessibility to
handicapped persons, the volunteer shall report this information
to the Department of Rehabilitation, which shall in turn report the
information to the school district if a school building is involved,
to the owning agencies if a state building is involved, and to the
Office of the State Architect. When, after receipt of this
information, the Office of the State Architect confirms that the
building does not meet minimal state standards for accessibility
to handicapped persons, the Office of the State Architect shall
develop a plan to be filed with the jurisdiction owning the building
that addresses the correction of the identified deficiencies.
(c) The provisions of this section shall only pertain to state and
school district buildings used by the public for which building
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plans have been filed with the Office of the State Architect on or
after January 1, 1985.
SEC. 61.Section 4454 of the Government Code is amended
to read:
4454.(a) Where state funds are utilized for any building or
facility subject to this chapter, or where funds of counties,
municipalities, or other political subdivisions are utilized for the
construction of elementary school, secondary school, or community
college buildings and facilities subject to this chapter, no contract
shall be awarded until the Department of General Services has
issued written approval stating that the plans and specifications
comply with the intent of this chapter.
(b) Notwithstanding subdivision (a), for
(a) For all transportation facilities, other than rail or transit
stations, located within state highway rights-of-way, the
Department of Transportation is authorized to issue the required
written approval stating that the plans and specifications comply
with intent of this chapter. If the Department of General Services,
Division of the State Architect, establishes a certified access
specialist program, as described in Section 4459.5, specific to
standards governing access to transportation facilities, the
Department of Transportation shall within 180 days of
establishment of the program begin using engineers certified
through that program to verify that the Department of
Transportation’s standards, guidelines, and design exceptions
comply with the intent of this chapter.
(c)
(b) In each case the application for approval shall be
accompanied by the plans and full, complete, and accurate
specifications, which shall comply in every respect with any and
all requirements prescribed by the Department of General Services.
(d)
(c) Except for facilities located within state highway
rights-of-way, other than rail or transit stations, the application
shall be accompanied by a filing fee in amounts as determined by
the Department of General Services. All fees shall be deposited
into the Access for Handicapped Account, which is hereby renamed
the Disability Access Account as of July 1, 2001, and established
in the General Fund. Notwithstanding Section 13340, the account
is continuously appropriated for expenditures for the use of the
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Department of General Services, in carrying out the department’s
responsibilities under this chapter.
(e)
(d) The Department of General Services shall consult with the
Department of Rehabilitation in identifying the requirements
necessary to comply with this chapter.
(f) The Department of General Services, Division of the State
Architect, shall include the cost of carrying out the responsibilities
identified in this chapter as part of the plan review costs in
determining fees.
SEC. 62.Section 4459.5 of the Government Code is amended
to read:
4459.5.(a) The State Architect shall establish and publicize
a program for voluntary certification by the state of any person
who meets specified criteria as a certified access specialist. No
later than January 1, 2005, the State Architect shall determine
minimum criteria a person is required to meet in order to be a
certified access specialist, which may include knowledge sufficient
to review, inspect, or advocate universal design requirements,
completion of specified training, and testing on standards governing
access to buildings for persons with disabilities.
(b) The State Architect may implement the program described
in subdivision (a) with startup funds derived, as a loan, from the
reserve of the Public School Planning, Design, and Construction
Review Revolving Fund, upon appropriation by the Legislature.
That loan shall be repaid when sufficient fees have been collected
pursuant to Section 4459.8.
SEC. 63.No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
O
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