Copyright

Preface

Acknowledgements

California Code of Regulations, Title 24

Chapter 1 Administrative Regulations of the California Building Standards Commission

History Note Appendix for Chapter 1

Chapter 2 Administrative Regulations for the Department of Housing and Community Development (HCD)

History Note Appendix for Chapter 2

Chapter 3 Administrative Regulations for the Office of the State Fire Marshal (SFM)

Chapter 4 Administrative Regulations for the Division of the State Architect—structural Safety (DSA-SS)

Group 1 Safety of Construction of Public Schools

Group 2 Safety of Construction of Public Schools: Fire and Life Safety

Group 3 Sustainable Construction of Public Schools & Community Colleges Outdoor Water Use

History Note Appendix for Chapter 4

Chapter 5 Access to Public Buildings by Persons With Disabilities

History Note Appendix for Chapter 5

Chapter 6 Seismic Evaluation Procedures for Hospital Buildings

Appendix General Sets of Evaluation Statements

Appendix H To Chapter 6 HAZUS AEBM Regulations

History Note Appendix for Chapter 6

Chapter 7 Safety Standards for Health Facilities

History Note Appendix for Chapter 7

Chapter 8 Administrative Regulations for the California Department of Public Health (CDPH)

History Note Appendix for Chapter 8

Chapter 9 Administrative Regulations for the Occupational Safety and Health Standards Board (OSHA)

Chapter 10 Administrative Regulations for the California Energy Commission (CEC)

History Note Appendix for Chapter 10

Chapter 11 Administrative Regulations for the Department of Food and Agriculture (AGR)

Chapter 12 Administrative Regulations for the Department of Youth Authority (YA)

Chapter 13 Administrative Regulations for the Board of State and Community Corrections (BSCC)

History Note Appendix for Chapter 13

Chapter 14 Administrative Regulations for the Department of Education (DOE)

Chapter 15.1 Administrative Regulations for the Department of Consumer Affairs (CA) Board of Accountancy

Chapter 15.2 Acupuncture Examining Committee

Chapter 15.3 Division of Allied Health Professions

Chapter 15.4 Board of Architectural Examiners

Chapter 15.5 Athletic Commission

Chapter 15.6 Auctioneer Commission

Chapter 15.7 Bureau of Automotive Repair

Chapter 15.8 Board of Barber Examiners

Chapter 15.9 Board of Behavioral Science Examiners

Chapter 15.10 Cemetery Board

Chapter 15.11 Bureau of Collection and Investigative Services

Chapter 15.12 Contractors' State License Board

Chapter 15.13 Board of Cosmetology

Chapter 15.14 Board of Dental Examiners

Chapter 15.15 Bureau of Electronic and Appliance Repair

Chapter 15.16 Board of Funeral Directors and Embalmers

Chapter 15.17 Board of Registration for Geologists and Geophysicists

Chapter 15.18 Board of Guide Dogs for the Blind

Chapter 15.19 Hearing Aid Dispensers Examining Committee

Chapter 15.20 Bureau of Home Furnishings

Chapter 15.21 Board of Landscape Architects

Chapter 15.22 Board of Medical Quality Assurance

Chapter 15.23 Board of Nursing Home Administrators

Chapter 15.24 Board of Optometry

Chapter 15.25 Bureau of Personnel Services

Chapter 15.26 Board of Pharmacy

Chapter 15.27 Physical Therapy Examining Committee

Chapter 15.28 Physician's Assistant Examining Committee

Chapter 15.29 Board of Podiatric Medicine

Chapter 15.30 Board of Polygraph Examiners

Chapter 15.31 Board of Professional Engineers

Chapter 15.32 Psychology Examining Committee

Chapter 15.33 Board of Registered Nurses

Chapter 15.34 Respiratory Care Examining Committee

Chapter 15.35 Board of Certified Shorthand Reporters

Chapter 15.36 Speech Pathology and Audiology Examining Committee

Chapter 15.37 Structural Pest Control Board

Chapter 15.38 Tax Preparers Program

Chapter 15.39 Board of Examiners in Veterinary Medicine

Chapter 15.40 Board of Vocational Nurse and Psychiatric Technician Examiners

Chapter 16 California State Library

Appendix State Library Plans Review Form

History Note Appendix for Chapter 16

The regulations in this part shall apply to the administrative procedures necessary to implement the Alfred E. Alquist Act of 1983 and to comply with State Building Standards Law.

Section 129680, Health and Safety Code, authorizes the OSHPD to enforce and amend the California Building Standards Code for the safety of hospitals, skilled nursing facilities and intermediate care facilities.

Unless otherwise stated, all references to sections of statute are sections found in the Health and Safety Code.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-101. Filed with the secretary of state on August 14, 1996, becomes effective September 18, 1996. Approved by the California Building Standards Commission on March 19, 1996.

The following are within the jurisdiction of Office of Statewide Health Planning and Development:

  1. For development of regulations in the California Building Standards Code and enforcement thereof.

    1. Hospital buildings as defined by Section 129725, Health and Safety Code. Correctional Treatment Centers shall certify to the Office in compliance with Section 7-156.
    2. Skilled nursing facilities as specified in paragraphs (2) and (3) of subdivision (b) of Section 129725, Health and Safety Code.
    3. Intermediate care facilities as specified in paragraphs (2) and (3) of subdivision (b) of Section 129725, Health and Safety Code.
  2. For development of regulations in the California Building Standards Code.

    1. Clinics, as defined by Section 1200 and 129725 (b) (1), Health and Safety Code, are under the jurisdiction of the local building official for enforcement, except as otherwise specified in Article 21, Section 7-2104 (d) of this chapter.

      Exception: When licensed under an acute care hospital and serving more than 25 percent inpatients pursuant to Sections 129725 (b) (1) and 129730, Health and Safety Code, the Office shall retain jurisdiction for enforcement.

    2. Correctional Treatment Centers, as defined by Section 129725 (b) 6, 7 (A) or 7 (B), Health and Safety Code, operated by or to be operated by a law enforcement agency of a city, county or a city and county are under the jurisdiction of the local enforcing agency for enforcement.

      Correctional Treatment Centers shall certify to the Office in compliance with Section 7-156.

  3. For hospital buildings, skilled nursing facilities and intermediate care facilities, the Office shall also enforce the regulations of the California Building Standards Code as adopted by the Office of the State Fire Marshal and the Division of the State Architect/Access Compliance Section, for fire and life safety and accessibility compliance for persons with disabilities, respectively.

    Correctional Treatment Centers shall certify to the Office in compliance with Section 7-156.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-103. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD 2/96) 1996 Annual Code Adoption Cycle will amend Section 7-103, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997; effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.
The provisions of the California Building Standards Code (CBSC) are not intended to prevent the use of any alternate method of compliance not specifically prescribed by the CBSC, provided written approval for such alternate method has been granted by the Office. Alternate methods include Alternate Means of Protection, Alternate Method of Compliance, Alternative System, designs required by regulations to be specifically approved by the enforcing agency, and Program Flexibility. A written request shall be submitted to the Office with an Alternate Method of Compliance form provided by the Office and supporting documentation as necessary to assist the Office in its review. The written request shall include substantiating evidence in support of the alternate. If the request is submitted prior to the submittal of construction documents, an Application for Plan Review form must also be submitted with a fee pursuant to Section 7-133 (a) 3. A request approved by the Office shall be limited to the specific request and shall not be construed as establishing a precedent for any future requests. The provisions of the following sections must also be met: Section 104.11 and Section 1224.2, California Building Code; Article 90.4, California Electrical Code; Section 105.0, California Mechanical Code; Section 301.4, California Plumbing Code; and Section 1.11.2.4, California Fire Code.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to delete Section 7-105. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

No regulation shall be construed to deprive the Office of its right to exercise the powers conferred upon it by law, or to limit the Office in such enforcement as is necessary to secure safety of construction, as required by Division 107, Chapter 7 (commencing with Section 129675), Health and Safety Code.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

  1. Except as otherwise provided, these regulations and all applicable parts of the California Building Standards Code shall be the basis for design, plan review and observation of construction of hospital buildings, skilled nursing facilities and intermediate care facilities.
  2. Deleted.
  3. Additions, structural repairs or alterations to existing health facilities shall be made in accordance with the provisions of Part 2, Title 24, California Code of Regulations, California Building Standards Code.
  4. Before any health facility not previously licensed under Section 1250 of the Health and Safety Code can be licensed and used as a health facility, the applicant shall provide substantiating documentation from a structural engineer that the building is in full conformance with the requirements of the California Building Standards Code for new buildings; if not, the building shall be reconstructed to conform to the requirements of the California Building Standards Code.
  5. Routine maintenance and repairs shall not require prior approval by the Office but shall be performed in compliance with the applicable provisions of the California Building Standards Code.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-109. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
Unless otherwise stated, the words and phrases defined in this article shall have the meaning stated therein throughout Chapter 7, Part 1, Title 24.

ACTUAL CONSTRUCTION COST means the cost of all portions of a project to construct the work as shown on the approved construction documents and as necessary to comply with the California Building Standards Code, generally based upon the sum of the construction contract(s), when applicable, and other direct construction costs, including but not limited to mobilization, general and special conditions, supervision and management, overhead, markups and profit, demolition, building pad construction (including but not limited to grading, soil remediation, excavation, trenching, retaining, shoring, etc.), temporary construction and barriers, materials, supplies, machinery, equipment, labor cost or the wages paid to the workers doing the work, etc., as certified by the hospital governing board or authority. Construction cost does not include the compensation paid to the designer(s), inspector(s), plan review and building permit, the cost of the land, rights-of-way, work outside the scope of OSHPD’s jurisdiction, mobile equipment and furnishings, or other costs which are defined in the contract documents as not a part of the work. Work requiring a plan approval and/or building permit issued by the Office which is identified as not in the scope of the work and/or not in contract (NIC) shall be performed under a separate building permit.

ADDITION means any work which increases the floor or roof area or the volume of enclosed space of an existing building.

ALTERATION means any change in an existing building which does not increase and may decrease the floor or roof area or the volume of enclosed space.

ALTERNATE METHOD OF COMPLIANCE means the approved use of an alternative material, method of construction, device or design to comply with an architectural, electrical, mechanical or plumbing regulation.

ALTERNATE MEANS OF PROTECTION means the approved use of an alternative material, assembly or method of construction to comply with a fire and life safety regulation pursuant to Section 111.2.4, California Chapter 1, California Fire Code.

ALTERNATIVE SYSTEM means the approved use of an alternative material, design or method of construction to comply with a structural regulation.

APPLICATION means any review, evaluation, or process for which the Office has established an application, filing fee, and/or a review/process fee, in accordance with its authority in the California Health and Safety Code.

APPROVED CONSTRUCTION DOCUMENTS means all plans, specifications, amended construction documents and deferred submittals that have the written approval of the Office. The identification stamp of the Office shall not be construed to mean the written approval of plans required by Section 7-113.

ARCHITECT means a person licensed as an architect under Chapter 3 (commencing with Section 5500), Division 3, the California Business and Professions Code.

ASSIGNMENT means the project scope of services, expected results, completion time and the monetary limitation for the services.

ASSOCIATED STRUCTURAL ALTERATIONS means any change affecting existing structural elements or requiring new structural elements for vertical or lateral support of an otherwise nonstructural alteration.

CANDIDATE means an applicant who is accepted by the Office as eligible to participate in a Hospital Inspector Certification Examination pursuant to the qualification criteria described in these regulations.

CIVIL ENGINEER means a person licensed as a civil engineer under Chapter 7 (commencing with Section 6700), Division 3, the California Business and Professions Code.

CONFORMING BUILDING means a building originally constructed in compliance with the requirements of the 1973 or subsequent edition of the California Building Code or classified as SPC-4D, as defined in Chapter 6 of this code.

CONSTRUCTION means any construction, reconstruction or alteration of, or addition or repair to any health facility.

DEFERRED SUBMITTALS see Section 7-126.

DIRECTOR means the Director of the Office of Statewide Health Planning and Development or the Director’s designee authorized to act in his or her behalf.

ELECTRICAL ENGINEER means a person licensed as an electrical engineer under Chapter 7 (commencing with Section 6700), Division 3, the California Business and Professions Code.

ENGINEERING GEOLOGIST means a person certified as an engineering geologist under Chapter 12.5 (commencing with Section 7800), Division 3, the California Business and Professions Code, in that branch of engineering which is applicable.

EQUIPMENT Equipment to be used in projects shall be classified as building service equipment, fixed equipment, or movable equipment.

  1. BUILDING SERVICE EQUIPMENT includes items such as heating, ventilating and air conditioning equipment; electrical power distribution equipment; emergency power generation equipment; energy/utility management systems; conveying systems; and other equipment with a primary function of building service. Examples include humidification equipment, filtration equipment, chillers, boilers and fire pumps.
  2. FIXED EQUIPMENT includes items that are permanently affixed to the building or permanently connected to a service distribution system that is designed and installed for the specific use of the equipment.

    1. FIXED MEDICAL EQUIPMENT includes, but is not limited to, such items as fume hoods, sterilizers, communication systems, imaging equipment, radio-therapy equipment, lithotripters, hydrotherapy tanks, audiometry testing chambers, and surgical and special procedure lights.
    2. FIXED NONMEDICAL EQUIPMENT includes, but is not limited to, items such as walk-in refrigerators, kitchen cooking equipment, serving lines, conveyors, central computer equipment, laundry and similar equipment.
  3. MOVABLE EQUIPMENT includes items that require floor space or electrical and/or mechanical connections but are portable, such as wheeled items, portable items, office-type furnishings, and diagnostic or monitoring equipment.

    1. MOVABLE MEDICAL EQUIPMENT includes, but is not limited to, portable X-ray, electroencephalogram (EEG), electrocardiogram (EKG), treadmill and exercise equipment, pulmonary function equipment, operating tables, laboratory centrifuges, examination and treatment tables, and similar equipment.
    2. MOVABLE NONMEDICAL EQUIPMENT includes, but is not limited to, personal computer stations, patient room furnishings, food service trucks, case carts and distribution carts, and other portable equipment.

ESTIMATED CONSTRUCTION COST means the cost estimate of actual construction cost proposed by an applicant for a construction project within the Office’s jurisdiction.

FEE means the fees authorized in the California Health and Safety Code, and the California Building Standards Code.

FIRM includes any qualified corporation, legal entity, architect or engineer.

FREESTANDING as applied to structures that are adjacent to a licensed hospital building means a structure that meets the following criteria:

  1. Structural separation shall comply with the applicable provisions of the California Building Code.
  2. Fire-resistance-rated construction separations shall comply with the applicable provisions of the California Building Code.
  3. Buildings on the same lot shall comply with the height and area limitations of the California Building Code.

HEALTH FACILITY as used in this part and all applicable parts of the California Building Standards Code means any health facility licensed pursuant to Section 1250 of the Health and Safety Code under the jurisdiction of the Office.

  1. (a) Hospital building includes:
  2. 1. HOSPITAL BUILDING as used in this part and other applicable parts of the California Building Standards Code means any building used for a health facility of a type required to be licensed pursuant to Section 1250 of the Health and Safety Code.
  3. 2. Except as provided in paragraph (7) of subdivision (b), hospital building includes a correctional treatment center, as defined in subdivision (j) of Section 1250, the construction of which was completed on or after March 7, 1973.
  4. (b) HOSPITAL BUILDING does not include any of the following:
  5. 1. Any building in which outpatient clinical services of a health facility licensed pursuant to Section 1250 are provided that is separated from a building in which hospital services are provided. If any one or more outpatient clinical services in the building provide services to inpatients, the building shall not be included as a “hospital building” if those services provided to inpatients represent no more than 25 percent of the total outpatient visits provided at the building. Hospitals shall maintain on an ongoing basis, data on the patients receiving services in these buildings, including the number of patients seen, categorized by their inpatient or outpatient status. Hospitals shall submit this data annually to the Department of Public Health.
  6. 2. Any building used, or designed to be used, for a skilled nursing facility or intermediate care facility, if the building is of single-story, wood-frame or light steel frame construction.
  7. 3. Any building of single-story, wood-frame or light steel frame construction in which only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care.
  8. 4. Any freestanding structures of a chemical dependency recovery hospital exempted under the provisions of subdivision (c) of Section 1275.2.
  9. 5. Any building licensed to be used as an intermediate care facility/developmentally disabled habilitative with six beds or less and any intermediate care facility/ developmentally disabled habilitative of 7 to 15 beds that is a single-story, wood-frame or light-steel frame building.
  10. 6. Any building subject to licensure as a correctional treatment center, as defined in subdivision (j) of Section 1250, the construction which was completed prior to March 7, 1973.
  11. 7.

    1. Any building that meets the definition of a correctional treatment center pursuant to subdivision (j) of Section 1250, for which the final design documents were completed or the construction of which was begun prior to January 1, 1994, operated by or to be operated by the Department of Corrections, the Department of the Youth Authority, or by a law enforcement agency of a city, county, or a city and county.
    2. In the case of reconstruction, alteration, or addition to, the facilities identified in this paragraph, and paragraph (6) or any other building subject to licensure as a general acute care hospital, acute psychiatric hospital, correctional treatment center, or nursing facility, as defined in subdivisions (a), (b), (j) and (k) of Section 1250, operated or to be operated by the Department of Corrections, the Department of the Youth Authority, or by a law enforcement agency of city, a county, or city and county, only the reconstruction, alteration, or addition, itself, and not the building as a whole, nor any other aspect thereof, shall be required to comply with this chapter or the regulations adopted pursuant thereto.

HOSPITAL BUILDING SAFETY BOARD means the Board which shall advise the Director and, notwithstanding Health and Safety Code Section 13142.6 and except as provided in Section 18945, shall act as a board of appeals in all matters relating to the administration and enforcement of building standards relating to the design, construction, alteration and seismic safety of hospital building projects submitted to the Office pursuant to this chapter.

Further, notwithstanding Section 13142.6, the Board shall act as the board of appeals in matters relating to all fire and panic safety regulations and alternate means of protection determinations for hospital building projects submitted to the Office pursuant to this chapter.

The Board shall consist of 16 members appointed by the Director of the Office. Of the appointive members, two shall be structural engineers, two shall be architects, one shall be an engineering geologist, one shall be a geotechnical engineer, one shall be a mechanical engineer, one shall be an electrical engineer, one shall be a hospital facilities manager, one shall be a local building official, one shall be a general contractor, one shall be a fire and panic safety representative, one shall be a hospital inspector of record and three shall be members of the general public.

There shall be six ex officio members of the Board, who shall be the Director of the Office, the State Fire Marshal, the State Geologist, the Executive Director of the California Building Standards Commission, the State Director of Health Services, and the Deputy Director of the Facilities Development Division in the Office, or their officially designated representatives.

HOSPITAL INSPECTOR means an individual who has passed the OSHPD certification examination and possesses a valid Hospital Inspector Certificate (or Construction Inspector for Health Facilities Certificate) issued by the Office.

HOSPITAL INSPECTOR OF RECORD means an individual who is:

  1. An OSHPD certified Hospital Inspector, pursuant to the provisions of these regulations and
  2. Employed by the hospital governing board or authority and
  3. Approved by the architect and/or engineer in responsible charge and the Office as being satisfactory to inspect a specified construction project.

LICENSE means the basic document issued by the Department of Health Services permitting the operation of a health facility under the provisions of Title 22, California Code of Regulations, Division 5.

LOCAL GOVERNMENT ENTITY means a building department of a city, city and county, or county.

MANAGED PROJECT means a project where schedules and deadlines relating to plan review and construction are negotiated between the Office and the governing board or authority of the health facility or their designated representative. Managed projects include, but are not limited to, projects approved by the Office for phased plan review, as described in Section 7-130, or incremental review, as described in Section 7-131.

MATERIALLY ALTER as applied to construction projects or approved construction documents means any change, alteration or modification, as determined by the Office, that alters the scope of a project, could cause the project to be in non-compliance with the California Building Standards Code, or causes an unreasonable risk to the health and safety of patients, staff or the public.

MECHANICAL ENGINEER means a person licensed as a mechanical engineer under Chapter 7 (commencing with Section 6700), Division 3, the California Business and Professions Code.

MINORITY, WOMEN AND DISABLED VETERAN BUSINESS ENTERPRISE shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code.

NONCONFORMING BUILDING means any building that is not a conforming building.

NONSTRUCTURAL ALTERATION means any alteration which neither affects existing structural elements nor requires new structural elements for vertical or lateral support and which does not increase the lateral force in any story by more than five percent.

OFFICE means the Facilities Development Division within the Office of Statewide Health Planning and Development.

PHASED PLAN REVIEW is the process that, at its sole discretion, engages the Office early in the project design and continues through the development and submission of documents during the conceptualization, criteria design, detailed design, implementation documents, Office review, construction and closeout phases. Within each phase, milestones are established for specific, agreed upon points where segments/ elements of the design/building system are completely designed and/or defined in their entirety. The Office provides an agreed upon level of review that allows for written conditional acceptance of these elements and/or systems.

PRIMARY GRAVITY LOAD RESISTING SYSTEM (PGLRS) means assembly of structural elements in the building that resists gravity loads, including floor and roof beams/girders supporting gravity loads or any other members designed to support significant gravity loads. Foundations supporting loads from the PGLRS shall be considered part of the PGLRS.

PROGRAM FLEXIBILITY means the approved use of an alternate space utilization, new concepts of design, treatment techniques or alternate finish materials. Program flexibility requests must be reviewed by the Department of Public Health and the Office, or other authority having jurisdiction.

RECONSTRUCTION means the rebuilding of any “existing building” to bring it into full compliance with these regulations and all applicable parts of the California Building Standards Code.

SEISMIC FORCE RESISTING SYSTEM (SFRS) means assembly of structural elements in the building that resists seismic loads, including struts, collectors, chords, diaphragms and trusses. Foundations supporting loads from the SFRS shall be considered part of the SFRS.

SIGN, SIGNED, SIGNATURE, SIGNATURES means to affix an individual’s signature by manual, electronic or mechanical methods. Manual method includes, but is not limited to, a pen and ink signature. Electronic method includes, but is not limited to, scanned signature images embedded in construction documents, faxes or other electronic document files. Mechanical method includes, but is not limited to, rubber stamp signature.

SITE DATA means reports of investigation into geology, earthquake ground motion and geotechnical aspects of the site of a health facility construction project.

SMALL BUSINESS means a firm that complies with the provisions of Government Code Section 14837.

STRUCTURAL ELEMENTS means floor or roof diaphragms, decking, joists, slabs, beams or girders; columns; bearing walls; retaining walls; masonry or concrete nonbearing walls exceeding one story in height; foundations; shear walls or other lateral force resisting members; and any other elements necessary to the vertical and lateral strength or stability of either the building as a whole or any of its parts including connections between such elements.

STRUCTURAL ENGINEER means a person licensed as a structural engineer under Chapter 7 (commencing with Section 6700), Division 3, the California Business and Professions Code.

STRUCTURAL REPAIRS means any change affecting existing or requiring new structural elements primarily intended to correct the effects of deterioration or impending or actual failure, regardless of cause.

VOLUNTARY STRUCTURAL ALTERATION means any alteration of existing structural elements or provision of new structural elements which is not necessary for vertical or lateral support of other work and is initiated by the applicant primarily for the purpose of increasing the vertical or lateral load carrying strength or stiffness of an existing building.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-111. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD 1/96) 1996 Annual Code Adoption Cycle will amend Section 7-111, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997; effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.
  3. (OSHPD/EF 1/92) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state September 1, 1992; effective September 1, 1992. Approved as an emergency by the California Building Standards Commission on August 27, 1992.
  4. (OSHPD/EF 1/92, permanent) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state on March 9, 1993; effective March 9, 1993. Approved as a permanent order by the California Building Standards Commission on March 5, 1993.
  1. (a) Except as otherwise provided in this part, before commencing construction or alteration of any health facility, the governing board or authority thereof shall submit an application for plan review to the Office, and shall obtain the written approval thereof by the Office describing the scope of work included and any special conditions under which approval is given.
  2. 1. The application shall contain a definite identifying name for the health facility, the name of the architect or engineer who is in responsible charge of the work, pursuant to Section 7-115 (a), the names of the delegated architects or engineers responsible for the preparation of portions of the work pursuant to Section 7-115 (a) 3, the estimated cost of the project and all such other information required for completion of the application. The architect or engineer in responsible charge or having delegated responsibility may name one or more persons to act as an alternate(s), provided such persons are architects or engineers qualified under these regulations to assume the responsibility assigned.
  3. 2. Submission of documents to the Office may be in three consecutive stages:

    1. Geotechnical Review: One application for plan review and, when applicable, three copies of the site data must be attached.
    2. Preliminary Review: Two copies of reports or preliminary plans and outline specifications. Plans/ drawings size shall not exceed 36 × 48 inches, and bundled sets of plans/drawings shall not exceed 40 lbs in weight.
    3. Final Review: Two copies of final construction documents and reports. Plans/drawings size shall not exceed 36 × 48 inches, and bundled sets of plans/ drawings shall not exceed 40 lbs in weight.
  4. (b) Application for seismic compliance extension requires submission of OSHPD Application Form #OSH-FD-384, “Application for 2008 Extension/Delay in Compliance.” The submittal must comply with the applicable requirements of Chapter 6, Article 1, Section 1.5.2 “Delay in Compliance.”
  5. (c) For every project there shall be an architect or engineer in responsible charge of reviewing and coordinating all submittals, except as set forth in Section 7-115(c).
  6. 1. A project may be divided into parts, provided that each part is clearly defined by a building or similar distinct unit. The part, so defined, shall include all portions and utility systems or facilities necessary to the complete functioning of that part. Separate assignments of the delegated architects or engineers pursuant to Section 7-115 (a) 3 may be made for the parts. Incremental projects pursuant to Section 7-131 shall consist of only one building.
  7. (d) The assignment of the delegated architect or engineer pursuant to Section 7-115 (a) 3 and the responsibility for the preparation of construction documents and the administration of the work of construction for portions of the work shall be clearly designated on the application for approval of reports or construction documents.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-113. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  1. (a) All construction documents or reports, except as provided in (c) below shall be prepared under an architect or engineer in responsible charge. Prior to submittal to the office, the architect or engineer in responsible charge for a project shall sign every sheet of the drawings, and the title sheet, cover sheet or signature sheet of specifications and reports. A notation may be provided on the drawings indicating the architect’s or engineer’s role in preparing and reviewing the documents. Plans/drawings submitted to the office shall not exceed the size and weight described in Section 7-113 (a) (2).
  2. 1. Except as provided in paragraph 2 below, the architect or engineer in responsible charge of the work shall be an architect or structural engineer.
  3. 2. For the purposes of this section, a mechanical, electrical or civil engineer may be the engineer in responsible charge of alteration or repair projects that do not affect architectural or structural conditions, and where the work is predominately of the kind normally performed by mechanical, electrical or civil engineers.
  4. 3. The architect or engineer in responsible charge may delegate the preparation of construction documents and administration of the work of construction for designated portions of the work to other architects and/or engineers as provided in (b) below. Preparation of portions of the work by others shall not be construed as relieving the architect or engineer in responsible charge of his rights, duties and responsibilities under Section 129805 of the Health and Safety Code.
  5. (b) Architects or engineers licensed in the appropriate branch of engineering, may be responsible for the preparation of construction documents and administration of the work of construction as permitted by their license, and as provided below. Architects and engineers shall sign and affix their professional stamp to all construction documents or reports that are prepared under their charge. All construction documents shall be signed and stamped prior to issuance of a building permit.
  6. 1. The structural construction documents or reports shall be prepared by a structural engineer.
  7. 2. A mechanical or electrical engineer may prepare construction documents or reports for projects where the work is predominately of the kind normally prepared by mechanical or electrical engineers.
  8. 3. A civil engineer may prepare construction documents or reports for the anchorage and bracing of nonstructural equipment.
  9. (c) A licensed specialty contractor may prepare construction documents and may administer the work of construction for health facility construction projects, subject to the following conditions:
  10. 1. The work is performed and supervised by the licensed specialty contractor who prepares the construction documents,
  11. 2. The work is not ordinarily within the standard practice of architecture and engineering,
  12. 3. The project is not a component of a project prepared pursuant to 7-115 (a) and (b),
  13. 4. The contractor responsible for the design and installation shall also be the person responsible for the filing of reports, pursuant to Section 7-151,
  14. 5. The contractor shall provide with the application for plan review to the Office a written and signed statement stating that he or she is licensed, the number of the license, and that the license is in full force and effect, and
  15. 6. The work is limited to one of the following types of projects:

    1. Fire protection systems where none of the fire sprinkler system piping exceeds 21/2 inches (63.5 mm) in diameter.
    2. Low voltage systems not in excess of 91 volts. These systems include, but are not limited to, telephone, sound, cable television, closed circuit video, nurse call systems and power limited fire alarm systems.
    3. Roofing contractor performing reroofing where minimum 1/4 inch (6.4 mm) on 12 inch (305 mm) roof slopes are existing and any roof mounted equipment needing remounting does not exceed 400 pounds.
    4. Insulation and acoustic media not involving the removal or penetration of fire-rated walls, or ceiling and roof assemblies.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-115. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  1. (a) The site data reports shall be required for all proposed construction except:
  2. 1. As provided in Part 2, Title 24.
  3. 2. One-story, wood-frame or light steel frame buildings of Type II or V construction and 4,000 square feet or less in floor area not located within Earthquake Fault Zones or Seismic Hazard Zones as shown in the most recently published maps from the California Geological Survey (CGS) or in seismic hazard zones as defined in the Safety Element of the local General Plan.
  4. 3. Nonstructural alterations.
  5. 4. Structural repairs for other than earthquake damage.
  6. 5. Incidental structural additions or alterations.
  7. (b) Three copies of site data reports shall be furnished to the Office for review and evaluation prior to the submittal of the project documents for final plan review. Site data reports shall comply with the requirements of these regulations and Part 2, Title 24. Upon the determination that the investigation of the site and the reporting of the findings was adequate for the design of the project, the Office will issue a letter stating the site data reports are acceptable.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7.117. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  1. (a) General.
  2. 1. Functional program requirement. The owner or legal entity responsible for the outcome of the proposed health care facility design and construction project shall be responsible for providing a functional program to the project’s architect/engineer and to the Office. The requirement applies to all scopes and disciplines of the project that affect patient care directly or indirectly, by means of new construction, additions, or modifications to specific hospital departmental functions which form an integral part of the facility. Projects that only involve equipment replacement, fire safety upgrades, or renovations that will not change the occupancy, function, or use of existing space shall not require a functional program.
  3. 2. Functional program purpose.

    1. An owner-approved functional program shall be made available for use by the design professional(s) in the development of project design and construction documents, and shall be submitted to the Office, at the time of application for plan review, to serve as a reference for the review of the application documents.
    2. Revisions to the functional program shall be documented and a final updated version shall be submitted to the Office prior to approval of the construction documents.
    3. The facility is encouraged to retain the functional program with other design data to facilitate future alterations, additions, and program changes.
  4. 3. Nomenclature in the functional program.

    1. The names for spaces and departments used in the functional program shall be consistent with those used in the California Building Code. If acronyms are used, they should be defined clearly.
    2. The names and spaces indicated in the functional program shall also be consistent with those used on submitted floor plans.
  1. (b) Functional program executive summary. An executive summary of the key elements of the functional program shall be provided and, at a minimum, shall include the following narrative:

    1. Purpose of the project.

      1. The narrative shall describe the services to be provided, expanded, or eliminated by the proposed project.
      2. The narrative shall describe the intent of the project and how the proposed modifications will address the intent.
    2. Project type and size.

      1. The type of health care facility(ies) proposed for the project shall be identified as defined by the California Building Code.
      2. Project size in square footage (new construction and renovation) and number of stories shall be provided.
    3. Construction type/occupancy and building systems.

      1. New construction. If the proposed project is new construction that is not dependent on or attached to an existing structure, the following shall be included:

        1. A description of construction type(s) for the proposed project.
        2. A description of proposed occupancy(ies) and, if applicable, existing occupancy(ies).
        3. A description of proposed engineering systems.
        4. A description of proposed fire protection systems.
      2. Renovation. For a project that is a renovation of, or addition to, an existing building, the following shall be included in the project narrative:

        1. A description of the existing construction type and the construction type for any proposed renovations or additions shall be described.
        2. A general description of existing engineering systems serving the area of the building affected by the proposed project and how these systems will be modified, extended, augmented, or replaced by the proposed project.
        3. A general description of existing fire protection systems serving the area of the building affected by the proposed project and how these systems will be modified, extended, augmented, or replaced by the proposed project.
  1. (c) Functional program content. The functional program for the project shall include the following:

    1. Purpose of the project. The physical, environmental, or operational factors, or combination thereof, driving the need for the project and how the completed project will address these issues shall be described.
    2. Project components and scope.

      1. The department(s) affected by the project shall be identified.
      2. The services and project components required for the completed project to function as intended shall be described.
    3. Indirect support functions. The increased (or decreased) demands throughout, workloads, staffing requirements, etc., imposed on support functions affected by the project shall be described. (These functions may or may not reside adjacent to or in the same building or facility with the project.)
    4. Operational requirements. The operational requirements, which include but are not limited to the following, shall be described:

      1. Projected operational use and demand loading for affected departments and/or project components.
      2. Relevant operational circulation patterns, including staff, family/visitor, and materials movement.
      3. Departmental operational relationships and required adjacencies
    5. Environment of care requirements. The functional program shall describe the functional requirements and relationships between the following environment of care components and key elements of the physical environment:

      1. Delivery of care model (concepts). This shall include:

        1. A description of the delivery of care model, including any unique features.
        2. A description of the physical elements and key functional relationships necessary to support the intended delivery of care model.
      2. Patients, visitors, physicians, and staff accommodation and flow. Design criteria for the following shall be described:

        1. The physical environment necessary to accommodate facility users and administration of the delivery of care model.
        2. The physical environment (including travel paths, desired amenities and separation of users and workflow) necessary to create operational efficiencies and facilitate ease of use by patients, families, visitors, staff, and physicians.
      3. Building infrastructure and systems design criteria. Design criteria for the physical environment necessary to support organizational, technological, and building systems that facilitate the delivery of care model shall be described.
      4. Physical environment. Descriptions of and/or design criteria for the following shall be provided:

        1. Light and views – How the use and availability of natural light, illumination, and views are to be considered in the design of the physical environment.
        2. Wayfinding.
        3. Control of environment – How, by what means, and to what extent users of the finished project are able to control their environment.
        4. Privacy and confidentiality – How the privacy and confidentiality of the users of the finished project are to be protected.
        5. Security – How the safety and security of patients or residents, staff, and visitors shall be addressed in the overall planning of the facility consistent with the functional program.
        6. Architectural details, surfaces, and furnishing characteristics and criteria.
        7. Cultural responsiveness – How the project addresses and/or responds to local or regional cultural considerations.
        8. Views of, and access to, nature.
    6. Architectural space and equipment requirements.

      1. Space list.

        1. The functional program shall contain a list organized by department or other appropriate functional unit that shows each room in the proposed project, indicating its size by gross floor area and clear floor area.
        2. The space list shall indicate the spaces to which the following components, if required, are assigned:

          1. Fixed and movable medical equipment.
          2. Furnishings and fixtures.
          3. Technology provisions.
      2. Area.

        1. Gross floor area for the project shall be aggregated by department, and appropriate multiplying factors shall be applied to reflect circulation and wall thicknesses within the department or functional area. This result shall be referred to as department gross square footage (DGSF).
        2. DGSF for the project shall be aggregated, and appropriate multiplying factors shall be applied to reflect inter-departmental circulation, exterior wall thickness, engineering spaces, general storage spaces, vertical circulation, and any other areas not included within the intra-department calculations. This result shall be referred to as building gross square footage (BGSF) and shall reflect the overall size of the project.
    7. Technology requirements. Technology systems for the project shall be identified to serve as a basis for project coordination and budgeting.

      1. Any technology systems integration strategy shall be defined.
      2. Department and room specific detail for system and device deployment shall be developed.
    8. Short- and long-term planning considerations. A statement addressing accommodations for the following, as appropriate for the project shall be included:

      1. Future growth.
      2. Impact on existing adjacent facilities.
      3. Impact on existing operations and departments.
      4. Flexibility.
    9. Patient Safety Risk Assessment. Projects associated with acute psychiatric hospitals, acute psychiatric nursing units in general acute-care hospitals, and special treatment program service units in skilled nursing facilities shall include a Patient Safety Risk Assessment. At a minimum, a Behavioral and Mental Health Risk Assessment shall be addressed as part of the Patient Safety Risk Assessment. The Patient Safety Risk Assessment shall be subject to review and approval by the California Department of Public Health.

      1. Behavioral and Mental Health Risk Assessment. A Behavioral and Mental Health Risk Assessment shall be prepared for all acute psychiatric hospitals, psychiatric nursing units within general acute-care hospitals, and special treatment program units in skilled nursing facilities. The risk assessment shall include evaluation of the population at risk and the nature and scope of the project, taking into account the model of care and operational considerations, and proposed built environment solutions to mitigate potential risks and hazards.
      2. Behavioral and Mental Health Elements (Psychiatric Patient Injury and Suicide Prevention). The safety risk assessment report shall identify areas that will serve patients at risk of mental health injury and suicide.

        Informational Note: Behavioral and mental health risk should be determined through simultaneous consideration of the inherent danger of any individual environmental feature because of patient profile and acuity, the anticipated level of staff supervision for each area, and space visibility and supervision.

        The governing body should develop a detailed assessment of the level of risk for each program area where mental health patients will be served (e.g., emergency department, nursing units). Refer to Appendix Table Al.2-a Safety Risk Assessment Team Member Expertise of the Guidelines for Design and Construction of Hospitals and Outpatient Facilities published by The Facility Guidelines Institute for areas of expertise needed on the behavioral and mental health assessment team.

        Each area should be evaluated to identify the architectural details, surfaces, and furnishings and exposed mechanical and electrical devices and components to be addressed in the risk assessment. Examples of areas to be included in a mental health risk assessment include the following:

        Highest Level of Risk

        1. Seclusion rooms (where patient acuity poses an increased risk).
        2. Patient bedrooms and toilet rooms (areas where patients spend long periods of time out of direct supervision of the staff).
        3. Psychiatric emergency department (comprehensive psychiatric emergency program) and area under good supervision but dealing with unpredictable patients under initial evaluation and often under heavy medication.
        Moderate Level of Risk

        1. Activity spaces, group rooms, and treatment spaces (supervised with good visibility).
        2. Dining rooms and recreation spaces, both indoor and outdoor.
        3. Corridors (always visible).
        Lowest Level of Risk

        1. Exam rooms, private offices, and conciliation rooms (always supervised).
        2. Staff and support areas (not accessible by patients). Other information that could be considered can be found in Patient Safety Standards, Materials and Systems Guidelines published by the New York State Office of Mental Health, and the Design Guide for the Built Environment of Behavioral Health Facilities distributed by The Facility Guidelines Institute.
      3. Behavioral and Mental Health Response.

        1. The safety risk assessment team shall identify mitigating features for the identified at-risk locations.
        2. The design of behavioral and mental health patient care settings shall address the need for a safe treatment environment for those who may present unique challenges and risks as a result of their mental condition.

          1. The patient environment shall be designed to protect the privacy, dignity, and health of patients and address the potential risks related to patient elopement; and harm to self, to others, and to the environment.
          2. The design of behavioral/mental health patient areas shall accommodate the need for clinical and security resources.
Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675-129998.

(a) A presubmittal meeting between the Office and the design professionals is required for construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of Subdivision (b) of Section 129725 of the Health and Safety Code with estimated construction costs of twenty million dollars ($20,000,000) or more. The presubmittal meeting shall be held prior to the submittal of preliminary plans and specifications or final construction documents. Prior to scheduling a presubmittal meeting, the architect or engineer in responsible charge shall submit the following information to the Office:

  1. Meeting agenda listing major points of discussion.
  2. New and if applicable, existing floor plans.
  3. Description and scope of the project.
  4. Functional Program as described in Section 7-119.
  5. Description of structural systems—vertical, lateral, foundation, etc.
  6. Alternate method of compliance and program flexibility issues.
  7. Type of construction.
  8. Occupancy—existing and proposed, with justification.
  9. Accessibility considerations, including path of travel.
  10. Preliminary means of egress plan.
  11. Architectural, structural, mechanical, plumbing, electrical, and fire and life safety issues.

(b) The architect or engineer in responsible charge shall record all resolutions of substantive issues in a letter of understanding that shall be submitted to the Office for acceptance prior to the submittal of final construction documents. The letter of understanding shall be based on the assumptions presented at the presubmittal meeting. Subsequent changes in design, program requirements, project delivery, or other unforeseen issues may necessitate modifications to the letter of understanding.

(c) Phased plan review and collaborative review and construction. A request for Phased Plan Review (PPR) or Collaborative Review and Construction (CRC) must be submitted to the Office in writing, prior to the presubmittal meeting being scheduled. In addition to the items listed in Section 7-121 (a), for PPR or CRC reviewed projects, the architect or engineer in responsible charge shall submit the following information to the Office:

  1. Complete project schedule.
  2. Proposed review matrix outlining all phases, milestones, increments, and segments for the project.
  3. Initial draft of the Memorandum of Understanding (MOU) proposed, defining roles and accountability of the participants.

Authority: Health and Safety Code Section 18929 and 129675–130070

Reference: Health and Safety Code Section 129850

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-121. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) The governing board or authority or their designated representative may submit preliminary plans and outline specifications to the Office for review prior to submittal of the final construction documents.

(b) The Office’s review of the preliminary plans and outline specifications shall be limited to the content of the preliminary plans and outline specifications submitted. A copy of the marked-up preliminary plans and outline specifications or of the approved preliminary plans and outline specifications shall accompany the submittal of the final construction documents.

Authority: Health and Safety Code Section 18929 and 129675–130070

Reference: Health and Safety Code Section 129850

(a) Final construction documents shall be submitted in accordance with Section 107, Part 2. Title 24. Final construction documents that are incomplete shall be returned to the applicant for completion prior to acceptance by the Office for plan review.

(b) Local government entity zoning approvals or clearances shall be furnished to the Office, when applicable, prior to approval of the final construction documents by the Office.

(c) When the Office finds items on the final construction documents that do not comply with these regulations and/or applicable sections of the California Building Standards Code, the noncomplying items shall be noted in writing with a proper code citation. The marked-up set of construction documents will be returned to the architect or engineer in responsible charge. A set of prints from corrected construction documents shall be filed for backcheck when the original check or subsequent backchecks(s) indicates that extensive changes are necessary. Where necessary corrections are of a minor nature, corrected original construction documents may be filed for backcheck. The architect or engineer in responsible charge must provide a written response to all comments made by the Office. The written response must include a description and a location of the corrections made to the construction documents. The written response may be provided as a letter, or may be provided as responses written directly on the marked-up set of drawings. Changes in construction documents, other than changes necessary for correction, made after submission for approval, shall be brought to the attention of the Office in writing or by submission of revised construction documents identifying those changes. Failure to give such notice voids any subsequent approval given to the construction documents.

(d) The Office’s approval of the final construction documents shall be in accordance with Section 107.3.1, Part 2, Title 24.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-125. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD 7/96) 1996 Annual Code Adoption Cycle will amend Section 7-125, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997; effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.

(a) Conditions. Where a portion of the design cannot be fully detailed on the approved construction document because of variations in product design and manufacture, the approval of the construction documents for such portion may be deferred until the material suppliers are selected under the following conditions:

  1. The construction documents clearly describe the deferred submittals that shall be approved by the Office prior to fabrication and installation for the indicated portions of the work.
  2. The construction documents fully describe the performance and loading criteria for such work.
  3. After the construction documents are approved and within 30 calendar days after commencement of construction, the architect or engineer in responsible charge shall submit a schedule to the Office indicating when the deferred submittals will be submitted to the Office for review.

Exception: Seismic Force Resisting System (SFRS), Primary Gravity Load Resisting System (PGLRS) and stairs shall not be deferred.

(b) Submittal process and notation. Submittal documents for deferred submittal items shall be submitted to the architect or engineer to whom responsibility has been delegated for preparation of construction documents, as listed on the application, for review prior to submittal to the Office. The architect or engineer to whom responsibility has been delegated for preparation of construction documents, as listed on the application, shall review and forward submittal documents for deferred submittal items to the Office with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the project.

(c) Stamping and signing. Stamping and signing of deferred submittals shall comply with Section 7-115 (a) and (b).

(d) Fabrication and installation. The deferred submittal items shall not be fabricated or installed until their design and submittal documents have been approved by the Office.

(e) Limitations. The Office shall have sole discretion as to the portions of the design that may be deferred.

(a) The Office may exempt from the plan review process construction or alteration projects for hospitals, skilled nursing facilities and intermediate care facilities, if the project meets the following criteria:

  1. The estimated construction cost is $50,000 or less. For the purpose of determining eligibility for exemption from the plan review process, the estimated construction cost excludes imaging equipment costs; design fees; inspection fees; off-site work; and fixed equipment costs, including but not limited to sterilizers, chillers and boilers.
  2. The construction documents are stamped and signed pursuant to Section 7-115 (a) and (b).
  3. The entire project or an element of the project shall not pose a clear and significant risk to the health and safety of the patients, staff or public.

(b) Projects subdivided into smaller projects for the purpose of evading the cost limitation requirement shall not be exempt from the plan review process. (c) All requirements of Article 4, Construction must be met, except Section 7-135 (a) 1.

(a) Compliance examination. Construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting, and/or observation by the Office when review, permitting and/or observation is required, and without the exemption by the Office provided for in Section 7-127, shall be subject to examination by the Office to assess relevant code compliance.

  1. Whenever it is necessary to make an inspection to enforce any applicable provision of the California Building Standards Code or the Alfred E. Alquist Hospital Facilities Seismic Safety Act, or the Office, or its authorized representative, has reasonable cause to believe that there exists in any building or upon any premises any condition or violation of any applicable building standards that makes the building or premises unsafe, dangerous, or hazardous, the Office or its authorized representatives may enter the building or premises at any reasonable time for the purpose of inspection and examination authorized by this chapter.
  2. Examination by the Office may include, but is not limited to:

    1. Review of existing plans;
    2. Site visit(s) as necessary to assess the extent of unpermitted work;
    3. Inspection of work for the purpose of determining compliance including destructive demolition as necessary per California Building CodeSection 110.1 including the removal and/or replacement of any material required to allow inspection, and potentially destructive testing needed to demonstrate compliance with California Building Code Chapter 34A; and
    4. Participation in a predesign conference with architects/engineers to resolve code issues relevant to the corrective or remedial work necessary.

(b) Plan review. Construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting and/or observation by the Office, and construction or alteration found in violation of any applicable section of the California Building Standards Code during examination, shall be brought into compliance with the current enforceable edition of the California Building Standards Code. Application for Office review of construction documents and reports for the construction or alteration and corrective work necessary to remedy any violations, unsafe, dangerous, or hazardous conditions, shall be made in accordance with Sections 7-113 through 7-126. The construction documents and reports shall be prepared under an architect or engineer in responsible charge pursuant to Section 7-115 and shall clearly and separately delineate the following:

  1. Portions of the building or structure that existed prior to the unpermitted construction or alteration;
  2. The unpermitted construction or alteration work that is proposed to remain, including all associated dimensions, assemblies, specifications and details; and
  3. New corrective or remedial work necessary to bring the unpermitted construction or alteration work into compliance with all applicable parts of the current California Building Standards Code.

(c) Construction observation. The construction, inspection and observation of any construction or alteration of any health facility, governed under these regulations, previously performed without the benefit of review, permitting, and/or observation, and of any new corrective or remedial work deemed necessary by the Office, shall be in accordance with Article 4 of this Chapter. The Office shall make such observation as in its judgment is necessary or proper for the enforcement of these regulations and all applicable parts of the California Building Standards Code. Any violations found in existing, previously constructed or altered, or new corrective or remedial work shall be corrected as required under California Building Code Section 110.6.

(d) Fees. Fees associated with compliance examination, plan review and field observation shall be in accordance with the following:

  1. The fee for examination shall be the Office’s actual costs associated with:

    1. Field investigation and Office support as described in Section 7-128 (a) 2; and
    2. Legal and administrative costs associated with documentation and reporting of violations of licensing statutes and/or pursuing claims of misconduct with the relative Departments and Boards, including but not limited to:

      1. The California Department of Public Health;
      2. The California Architects Board;
      3. The Board for Professional Engineers, Land Surveyors, and Geologists; and
      4. The Contractors State License Board.
  2. A separate, additional, fee for plan review described in Section 7-128 (b) and field observation described in Section 7-128 (c) shall be based on the estimated cost of construction as specified below:

    1. The fee for hospital buildings is 2.0 percent of the estimated construction cost. The estimated construction cost shall include fixed equipment cost or estimated value (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site construction work.
    2. The fee for skilled nursing and intermediate care facilities, as defined in Subdivision (c), (d), (e) or (g) of Section 1250, Health and Safety Code, is 1.5 percent of the estimated construction cost. The estimated construction cost shall include fixed equipment but exclude design fees, inspection fees and off-site work.
    3. The estimated construction cost for a project shall be determined as described in Section 7-133(a)4 and shall include the value of the previously unpermitted construction, or alteration, plus the value of any new corrective and remedial work.
    4. The final approval of the work shall be in accordance with Section 7-133 (a) 7.

(e) Occupancy. Upon determination that construction or alteration of any health facility, governed under these regulations, has occurred without the benefit of review, permitting, and/or observation by the Office, and without the exemption by the Office provided for in Section 7-127, the Office may order the area of construction or alteration to be vacated and remain unoccupied, or that the current certificate of occupancy for the building be revoked under California Building Code Section 111.4, until the Office provides a certificate of occupancy upon the completion of all field observation and final construction inspection of the construction or alteration, and associated corrective and remedial work.

Authority: Health and Safety Code Sections 18929 and 129765-130070.

Reference: Health and Safety Code Section 129850.

(a) Final construction documents shall be submitted to the Office within one year of the date of the Office’s report on preliminary plans and outline specifications or the application shall become void unless an extension has been requested and approved. The architect or engineer in responsible charge may request one extension of up to 180 calendar days; however, the Office may require that the construction documents meet current regulations. The extension must be requested in writing and justifiable cause demonstrated.

(b) The procedures leading to obtaining written approval of final construction documents shall be carried to conclusion without suspension or unnecessary delay. Unless an extension has been approved by the Office, the application shall become void when either paragraph 1 or 2 occurs:

  1. Prints from corrected construction documents are not filed for backcheck within 90 calendar days after the date of return of checked construction documents to the architect or engineer in responsible charge. Backcheck submittals that do not contain a written response to all comments in accordance with Section 7-125 (c) shall not be considered an official submittal to the Office. The architect or engineer in responsible charge may request one extension of up to 90 calendar days; however, the Office may require the construction documents be revised to meet current regulations. The extension must be requested in writing and justifiable cause demonstrated.
  2. A set of prints of the stamped construction documents are not submitted to the Office within 45 calendar days after the date shown with the identification stamp by the Office.

(c) Construction, in accordance with the approved construction documents, shall commence within one year after obtaining the written approval of construction documents, or this approval shall become void. Prior to the approval becoming void, the applicant may apply for one extension of up to one year. The Office may require that the construction documents be revised to meet current regulations before granting an extension. The extensions must be requested in writing and justifiable cause demonstrated.

(d) If the work of construction is suspended or abandoned for any reason for a period of one year following its commencement, the Office’s approval shall become void. Prior to the approval becoming void, the applicant may apply for one extension of up to one year. The Office may require that the construction documents be revised to meet current regulations before granting an extension. The extensions must be requested in writing and justifiable cause demonstrated.

Exception: The time limitations and deadlines specified in Section 7-129 shall not apply to managed projects as defined in Section 7-111. This includes, but is not limited to, projects approved for phased plan review, as described in Section 7-130, or incremental review, as described in Section 7-131.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-129. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
The Office, in its sole discretion, may enter into a written agreement with the hospital governing board or authority for the phased submittal, review and approval of construction documents.

(a) In accordance with Section 107.3.3, Part 2, Title 24, the Office is authorized to review and approve construction documents and issue a permit for increments of a building or structure prior to the construction documents for the entire building or structure have been submitted and approved, provided that adequate information and detailed statements have been filed complying with pertinent requirements of applicable codes. For other regulations pertaining to incremental design, bidding and construction, see Section 107.3.3, Part 2, Title 24.

(b) Increments shall be limited to complete phases of construction, such as demolition, site work and utilities, foundations and basement walls, structural framing, architectural work, mechanical work, electrical work, etc. A master plan indentifying the work to be completed in each increment, an estimated cost for each increment, and a chart showing the proposed coordination of the design, bidding and construction schedules, state and local plan review times, and estimated completion and occupancy of the project shall be submitted with the first increment.

(c) The incremental submittals and construction shall be continuous to conclusion without suspension or unnecessary delay unless specifically approved by the Office.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-131. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

Projects prepared under the design/build delivery method shall comply with all applicable requirements of Title 24, Part 1, California Administrative Code including but not limited to Sections 7-115, 7-141, 7-143, 7-144, 7-145, 7-149, 7-151, 7-153 and 7-155.

Authority: Health and Safety Code Section 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) Plan review and field observation. The fee for plan review and field observation shall be based on the estimated cost of construction as specified below. If the actual construction cost for a hospital or skilled nursing facility project exceeds the estimated construction cost by more than five percent (5%), a further fee shall be paid to the Office, based on the applicable schedule specified in (a) (1) or (2) and computed on the amount by which the actual cost exceeds the estimated cost.

  1. The fee for hospital buildings is 1.64 percent of the estimated construction cost. The estimated construction cost shall include fixed equipment cost or estimated value (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site construction work.

    1. The Office shall charge actual costs for review and approval of seismic evaluations and compliance plans prepared pursuant to Article 8, Chapter 1, Part 7, Division 107, (commencing with Section 130000) of the Health and Safety Code. Total cost paid for these review services shall be nonrefundable.
  2. The fee for skilled nursing and intermediate care facilities, as defined in Subdivision (c), (d), (e) or (g) of Section 1250, Health and Safety Code, is 1.5 percent of the estimated construction cost. The estimated construction cost shall include fixed equipment (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site work.
  3. The minimum filing fee shall be $250.00. This filing fee is nonrefundable.
  4. The estimated construction cost for a project shall be determined as follows:

    1. An applicant shall submit the estimated cost of construction for a project as part of the project application. Applicants for projects with an estimated construction cost greater than $20 million, and any others as requested by the Office, shall submit justification of the estimated construction costs as part of the project application.
    2. In the event that the Office believes that a project’s estimated construction cost may be inaccurate or undervalued, the Office may request that the applicant provide supplemental documentation to substantiate the estimated construction cost. The documentation may include, but is not limited to, design estimates, construction contracts, bid estimates, and/or budget estimates.
    3. If, upon review, the Office determines that reasonable grounds exist to find that the estimated construction cost is underestimated or undervalued, the Office will provide the applicant in question an opportunity to participate in a formal conference and/or present additional evidence before a final determination as to the validity of the estimated construction cost is made.
    4. The Office will make a final determination as to the validity of the estimated construction cost after considering all of the evidence on record, including the formal conference and/or any supplemental documentation provided by the applicant.
    5. In the event the Office makes a final determination that the estimated construction cost is underestimated or undervalued, the Office may deem the application incomplete and deny the project application until the applicant either: (a) revises the estimated construction cost to the Office’s reasonable satisfaction, or (b) produces further documentation to substantiate the estimated construction cost to the Office’s reasonable satisfaction. A notice of denial will be provided to the applicant in writing and may be appealed to a Hearing Officer consistent with Article 5.5.
  5. Upon receipt of an application, the Office will calculate the fee for the proposed project or process and send an invoice to the applicant for the required fee amount. Payment is due within thirty (30) days of receipt of the invoice. A project application is incomplete until payment in full is received by the Office for the invoiced fee amount.
  6. The Office may, but is not required to, provide plan review, field observation and other services for projects or processes with incomplete applications. The Office may, at its discretion, cease work on any project or process until the relevant application is deemed complete. The Office may, at its discretion, prioritize projects or processes with complete applications before projects or processes with incomplete applications, and may allocate resources for the plan review or process based upon the date that each respective application is deemed complete.

    If the Office, as a courtesy, provides plan review, field observation or other services for a project or process with an incomplete application, it shall not be deemed a waiver of the Office’s right to: (a) cease or postpone work on the project or process in question at a future date; (b) cease or postpone work on other projects or processes with incomplete applications until the applications in question are deemed complete; and/or (c) pursue any and all legal remedies for collection of monies owed.

  7. Upon completion of all work in accordance with the approved construction documents and receipt of all required verified compliance reports and testing and inspection reports, the Office will grant final approval of the work when all remaining fees based on the actual construction cost, if any, have been paid to the Office. The actual construction cost for a project shall be determined as follows:

    1. The hospital governing board or authority shall submit the actual construction cost for a project as part of the final approval of the work.
    2. In the event that the Office believes that a project’s actual construction cost may be understated, the Office may request that the hospital governing board or authority provide supplemental documentation to substantiate the actual construction cost. This supplemental information may include, but is not limited to, executed construction contracts, paid invoices, approved change orders, cancelled checks, etc.
    3. If, upon review of the supplemental information, the Office determines that reasonable grounds exist to find that the actual construction cost is understated, the Office may provide the hospital governing board or authority in question an opportunity to participate in a formal conference and/or present additional evidence before a final determination as to the validity of the actual construction cost is made.
    4. The Office will make a final determination as to the validity of the actual construction cost after considering all of the evidence on record, including the formal conference and/or any supplemental information provided by the hospital governing board or authority.
    5. In the event that the Office makes a final determination that the actual construction cost is understated, the Office may deem the project as non-compliant with the Alfred E. Alquist Hospital Facilities Seismic Safety Act until the hospital governing board or authority either: (a) revises the actual construction cost to the Office’s reasonable satisfaction, or (b) produces further supplemental information to substantiate the actual construction cost to the Office’s reasonable satisfaction. A notice of denial will be provided to the hospital governing board or authority in writing and may be appealed to a Hearing Officer consistent with Article 5.5.

    The Office may, but is not required to, provide a final construction inspection, field observation, issue a certificate of occupancy or other services for projects or processes for which all fees have not been paid. The Office may, at its discretion, cease work on any project or process until all remaining fees have been paid to the Office’s satisfaction in accordance with Section 7-155. The Office may, at its discretion, prioritize projects or processes for which all remaining fees have been paid, before projects or processes for which outstanding fees are owed the Office and may allocate resources for its services based upon the date that all outstanding fees for each respective project or process has been paid to the Office’s satisfaction.

    If the Office, as a courtesy, provides a final construction inspection, field observation, certificate of occupancy, or other services for a project or process for which remaining fees have not been paid, it shall not be deemed a waiver of the Office’s right to: (a) cease or postpone work on the project or process in question at a future date; (b) cease or postpone work on other projects or processes in non-compliance until the remaining fees have been paid to the Office’s satisfaction; and/or (c) pursue any and all legal remedies for collection of monies owed.

(b) The fee for submitting an amended seismic evaluation report or compliance plan is $250. The fee for review and approval of the amended report or compliance plan shall be subject to Section 7-133 (a) 1A above.

(c) The fee for submitting an application for extension to seismic compliance is $250. The fee for review and approval or granting of a seismic extension shall be subject to Section 7-133 (a) 1 A above.

(d) Preliminary review. The fee for review of preliminary plans and outline specifications pursuant to Section 7-121 is 10 percent of the fee indicated in Section 7-133 (a) and shall be due upon the submission of preliminary plans and outline specifications. The preliminary review fee shall be deducted from the application fee specified in Section 7-133 (a).

(e) Incremental projects. The fee for incremental projects pursuant to Section 7-131 is based upon the estimated construction cost of each increment, as calculated in accordance with Section 7-133 (a), and shall be due upon the submission of the construction documents of each construction increment. The final fee shall be based upon the determination of the final actual construction cost of all increments in accordance with Section 7-133 (a).

(f) Annual permit for hospital projects. A hospital may choose to apply for an annual permit for one or more small projects of $50,000 or less in cumulative total estimated construction cost. The annual permit is applicable to only the project(s) submitted within the state’s fiscal year in which the Office issues the annual permit. An application filing fee of $500.00 is due upon submittal of the annual permit and is in lieu of an application filing fee specified in (a) of this Section.

(g) Annual permit for skilled nursing facility projects. A skilled nursing facility may choose to apply for an annual permit for one or more small projects of $25,000 or less in cumulative total estimated construction cost. The annual permit is applicable to only the project(s) submitted within the state’s fiscal year in which the Office issues the annual permit. An application filing fee of $250.00 is due upon submittal of the annual permit and is in lieu of an application filing fee, as specified in (a) of this Section.

(h) Phased submittal review and collaborative review.

  1. The fee for phased submittal, review and approval pursuant to Section 7-130 shall be based on the written agreement, which shall include a schedule for payment. The phased review fee shall not exceed the fee required by Section 7-133 (a).
  2. The fee for collaborative review shall be 1.95 percent of the estimated construction cost as calculated in accordance with Section 7-133 (a) 4 through 7.

(i) Geotechnical/Geohazard reports. The fee for review of a geotechnical/geohazard report shall be $5,000.00.

(j) Deferral of fee payment for disaster-related projects.

  1. A health facility may request to defer payment of the filing fee, as described in this section, for up to one year, for a construction or alteration project to repair damage resulting from an event which the governor has declared as a disaster. The request for payment deferral must be submitted to the Office, in writing, and accompany the application for plan review. The request may be on a form, as provided by the Office, or other written format and shall identify the facility name, project number, estimated construction cost and shall certify to the following:

    1. The repair project is necessary due to damage sustained by the [name of the specified event] which was declared to be a disaster by the governor on [date of the declaration].
    2. The facility cannot presently afford to pay the filing fee.
    3. On [date of application], the health facility applied for federal disaster relief from the Federal Emergency Agency (FEMA) with respect to the disaster identified in this request.
    4. The facility expects to receive financial assistance within one year of the date of the application for disaster relief.

      Payment deferral requests shall be signed by the health facility’s chief executive officer or chief financial officer.

  2. Within ten business days of receipt of a facility’s payment deferral request, the facility will be given written notice by the deputy director either approving or denying the deferral of the project plan review fee. Incomplete requests will be returned to the facility by facsimile within five business days, accompanied by a statement describing what is needed for the request to be complete.
  3. If the deferral request is denied by the deputy director, the health facility may appeal this decision to the director of the Office. The appellant must submit a written appeal to the Office within ten business days of receipt of the denial. If an appeal is not received by the Office within the ten busines days, the project will be returned to the health facility as incomplete.
  4. The plan review fees deferred under this section shall be due and paid in full by the applicant facility within one year from the date of the Office’s approval of the project plans. Failure to submit the deferred fee payment will result in an offset against any amount owed by the state to the health facility.

(k) Seismic examination. The Office shall charge actual costs for the seismic examination of the condition of a hospital building upon written request to the Office by the governing board or authority of any hospital, pursuant to Section 129835 of the Health and Safety Code. In addition, the minimum filing fee of $250.00 shall apply to each application pursuant to Health and Safety Code Section 129785(a). The total cost paid for these services shall be nonrefundable.

(l) OSHPD Special Seismic Certification preapproval (OSP). The fee for review of a new OSP application shall be $5,000.00. The fee for renewal of an OSP is $1,000.00. The total cost paid for these services shall be nonrefundable.

(m) OSHPD Preapproval of Manufacturer’s Certification (OPM). The Office shall charge for actual review time of the OPM at prevailing hourly rates applicable for the review personnel, pursuant to Section 129895 of the Health and Safety Code. In addition, the minimum filing fee of $250.00 shall apply to each new and renewal application, pursuant to Section 129785 (a) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

(n) Work performed without a permit. Fees associated with examination, plan review, and construction observation for construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting, and/or observation by the Office, and without the exemption by the Office provided for in Section 7-127, shall be determined in accordance with Section 7-128 (d).

(o) SPC-1 hospital building seismic compliance extensions. The Office shall charge actual costs to cover the review and verification of the extension documents submitted, pursuant to Section 130060(g) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

(p) Alternate Method of Compliance. The fee for an Alternate Method of Compliance/Protection (AMC) application is $250.00. In addition, the Office shall charge actual costs for review of AMCs involving examination on the condition of any hospital building, including but not limited to review for equivalency to the California Building Standards Code. The total cost paid for these services shall be nonrefundable.

(q) Amended Construction Documents. The fee for submittal and review of Amended Construction Documents shall be as follows:

  1. Additional Costs. The minimum filing fee for Amended Construction Documents which result in additional construction costs shall be $250.00.
  2. Cost Reductions. The minimum filing fee for Amended Construction Documents with cost reductions or no cost shall be $500.00.

    Exception: Projects that have been submitted and approved using the Collaborative Review Process shall have a minimum filing fee of $250.00.

  3. Review by Examination. The filing fee for Amended Construction Documents with a change in scope, as defined in Section 7-153(d) exception, shall be $250.00. In addition, the Office shall charge actual costs associated with the examination and review of such documents.

The filing fees established in this subsection are nonrefundable.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129785 and 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-133. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD/EF 1/91) Emergency order by the Office of Statewide Health Planning and Development to amend Section 7-133, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state September 25, 1991; effective September 25, 1991. Approved as an emergency by the California Building Standards Commission on September 20, 1991.
  3. (OSHPD/EF 1/91) Permanent order by the Office of Statewide Health Planning and Development to amend Section 7-133, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state February 25, 1992; effective September 25, 1991. Approved as an emergency by the California Building Standards Commission on February 24, 1992.

(a) Upon written request from the applicant, a fee refund may be issued pursuant to this section.

  1. The written refund request must be submitted to the Office within:

    1. One year of the date that a project is closed,
    2. One year of the date the project is withdrawn by the applicant, or
    3. One year of the date when an application may become void, based on the requirements of Section 7-129, Time Limitations for Approval.
  2. No refund shall be issued before the date the project is closed or withdrawn or the application is voided.
  3. If delinquent fees are owed to the Office for any health facility construction project at the subject facility, no refund shall be issued until the delinquent fees are paid.
  4. Refunds, pursuant to Section 7-134, shall be exclusive of the $250 filing fee.
  5. Refunds shall be calculated pursuant to Sections 7-134 (b) or (c).

(b) Refunds for projects that are completed. If the estimated construction cost of a project exceeds the actual construction cost by more than five percent (5%), the excess portion of the fees paid pursuant to Section 7-133 (a) (1) or (2) shall be refunded to the applicant health facility. The refund amount shall be computed based on the amount by which the estimated cost exceeds the actual construction cost.

Exception: The Office will not issue a refund if the applicant did not complete construction of at least 75% of the square footage included in the original approved construction documents for the project, or if the applicant reduces the scope of the project shown on the original approved plans by more than 25%.

(c) Refunds for projects that are withdrawn or cancelled. A portion of the fees paid to the Office, pursuant to Section 7-133, may be refunded to the applicant under the following specified circumstances:

  1. If the applicant withdraws a project prior to commencement of plan review, the total fee, exclusive of the $250 filing fee, shall be refunded to the applicant.
  2. If the applicant withdraws a project after commencement of plan review and prior to commencement of construction, 30% of the fee submitted for that project shall be refunded to the applicant.
  3. If the applicant cancels a project after commencement of construction, the Office shall not issue a refund.
  4. If a project submitted under an annual permit is withdrawn by the applicant, the $250 filing fee shall not be refunded by the Office.
  5. If fees are paid for a project that is determined by the Office to be exempt from the plan review process or otherwise not reviewable under the Office’s jurisdiction, the total fee, exclusive of the $250 filing fee, shall be refunded to the applicant.

(d) If the applicant is able to demonstrate extraordinary circumstances, the Director of the Office may authorize refunds in addition to those specified above.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129785.

(a) Construction shall not commence until the health facility has applied for and obtained from the Office:

  1. Written approval of the construction documents.
  2. A building permit.
  3. Written approval of the testing, inspection and observation program.
  4. Written approval of the inspector of record for the project pursuant to Section 7-212 (a).

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-135. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) As soon as a contract has been awarded, the governing board or authority of the health facility shall provide to the Office, on a form provided by the Office, the following:

  1. Name and address of the contractor.
  2. Contract price.
  3. Date on which contract was awarded.
  4. Date of construction start.

Authority: Health and Safety Code Sections 127015, 129785 and 129850; and Government Code, Section 11152.

Reference: Health and Safety Code Section 129785.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-137. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) When construction is suspended for more than two weeks, the governing board or authority of the hospital shall notify the Office in writing.

(b) If the work of construction is suspended or abandoned for any reason for a period of one year following its commencement, the Office’s approval shall become void. The Office may reinstate the approval as described in Section 7-129 (c).

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-139. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) The administration of the work of construction, including the testing, inspection and observation program, shall be under the responsible charge of an architect and structural engineer. When a structural engineer is not substantially involved, the architect shall be solely responsible. Where neither structural nor architectural elements are substantially involved, a mechanical or electrical engineer registered in the branch of engineering most applicable to the project may be in responsible charge.

(b) All architects and engineers to whom responsibility has been delegated for preparation of construction documents as listed on the application shall observe the work of construction for their portion of the project. They shall consult with the architect or engineer in responsible charge in the interpretation of the approved construction documents, the preparation of changes to the approved construction documents and deferred submittals and the selection of inspectors and testing laboratories.

(c) The architect or engineer in responsible charge or having delegated responsibility may name one or more persons to act as alternate(s) for observation of the work of construction provided such persons are architects or engineers qualified under these regulations to assume the responsibility assigned.

(d) The architect and/or engineer in responsible charge of the work shall prepare and administer a testing, inspection and observation program which shall be submitted to the Office for approval prior to the issuance of the building permit.

(e) The testing program shall identify materials and tests to be performed on the project. The firm(s) and/or individual(s) to perform each of the required tests shall also be identified. The testing program shall include, at a minimum, those tests required by applicable sections of the California Building Standards Code.

(f) The inspection program shall include a completed application for inspector(s) of record for the project. If a project has more than one inspector of record, the distribution of responsibilities for the work shall be clearly identified for each inspector of record. The inspection program shall also identify all special inspections to be performed on the project and the individual(s) to perform the inspections. The special inspections shall include, at a minimum, those special inspections required by applicable sections of the California Building Standards Code.

(g) The inspection program shall also identify all special inspections to be performed on the project and the individual(s) to perform the inspections. The special inspections shall include, at a minimum, those special inspections required by applicable sections of the California Building Standards Code.

(h) The observation program shall identify each design professional that must, through personal knowledge as defined in Section 7-151, verify that the work is in compliance with the approved construction documents.

(i) The design professionals, contractor or owner/builder and the inspector(s) of record shall verify that the work is in compliance with the approved construction documents in accordance with the requirements for personal knowledge as it applies to each participant. The program shall give specific intervals or project milestones at which such reporting is to occur for each affected participant. Each required observation report shall be documented by a Verified Compliance Report form prepared by each participant and submitted to the Office.

(j) The testing, inspection and observation program shall include samples of test and inspection reports and provide time limits for the submission of reports.

(k) All completed test and inspection reports shall be submitted to the inspector of record, the owner and the architect or engineer in responsible charge by the author of the report.

Authority: Health and Safety Code Sections 129825 and 129675-130070.

Reference: Health and Safety Code Sections 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-141. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) The contractor shall complete the work in accordance with the approved construction documents. The contractor shall not be relieved of any responsibility by the activities of the architect, engineer, inspector or the Office in the performance of their duties.

(b) The contractor shall submit verified compliance reports to the Office in accordance with Section 7-151.

(c) Where no general contractor is involved, the governing body or authority of a health facility shall designate an agent who shall be responsible for the construction of the project in accordance with the approved contract documents and such agent shall submit the verified reports to the Office.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-143. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) The hospital governing board or authority shall provide for competent, adequate and continuous inspection by one or more inspectors satisfactory to the architect or structural engineer or both, in responsible charge of the work, or the engineer in responsible charge of the work and the Office.

(b) When the hospital governing board or authority proposes more than one inspector for a construction project, a lead inspector shall be identified to coordinate construction inspection and communication with the Office. The lead inspector shall be certified in a class appropriate to the overall scope of the project.

(c) Inspector(s) for a hospital construction project shall be approved by the Office in accordance with the provisions of Section 7-212. If an inspector on a project is not competently or adequately performing inspection or has violated a provision of these regulations, as determined by the Office, the provisions of Sections 7-213 and, if necessary, Section 7-214 shall be applicable.

Authority: Health and Safety Code Sections 18929 and 129675 - 130070.

Reference: Health and Safety Code Section 129825.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-144. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD 1/96) 1996 Annual Code Adoption Cycle will amend Section 7-144, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997; effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.

(a) The general duties of the inspector shall be as follows:

  1. The inspector shall have personal knowledge, obtained by continuous inspection of all parts of the work of construction in all stages of its progress to ensure that the work is in accordance with the approved construction documents.
  2. Continuous inspection means complete inspection of every part of the work. Work, such as concrete or masonry work which can be inspected only as it is placed or assembled, shall require the constant presence of the inspector. Other types of work which can be completely inspected after the work is installed may be carried on while the inspector is not present. In no case shall the inspector have or assume any duties which will prevent continuous inspection.
  3. The inspector shall work under the direction of the architect or engineer in responsible charge. All inconsistencies or seeming errors in the approved construction documents shall be reported promptly to the architect or engineer in responsible charge for interpretation and instructions. In no case, however, shall the instructions of the architect or engineer in responsible charge be construed to cause work to be done which is not in conformity with the approved construction documents.
  4. The inspector shall maintain a file of approved construction documents on the job at all times including all reports of tests and inspections required by the construction documents and shall immediately return any unapproved documents to the architect or engineer in responsible charge for proper action. The inspector shall also maintain on the job at all times, all codes and regulations referred to in the approved construction documents.
  5. The inspector shall notify the Office:

    1. When the work is started or resumed on the project.
    2. At least 48 hours in advance of the time when foundation trenches will be complete, ready for footing forms.
    3. At least 48 hours in advance of the first placing of concrete.
    4. When work has been suspended for a period of more than two weeks.
  6. The inspector(s) of record shall maintain field records of construction progress for each day or any portion of a day that they are present at the project site location. The field record shall state the time of arrival, time of departure, a summary of work in progress and noted deficiencies in the construction or deviations from the approved construction documents. This field record shall document the date, time and method of correction for any noted deficiencies or deviations. In addition, this record shall contain the following as applicable:

    1. The time and date of placing concrete; time and date of removal of forms and shoring in each portion of the structure; location of defective concrete; and time, date and method of correction of defects.
    2. Identification marks of welders, lists of defective welds, and manner of correction of defects and other related events.
    3. A list of test reports of all nonconforming materials or defective workmanship and shall indicate the corrective actions taken.
    4. When driven piles are used for foundations, the location, length and penetration under the last ten blows for each pile. It shall also include a description of the characteristics of the pile driving equipment.
  7. All field records of construction progress shall be retained on the job until the completion of the work and shall, upon request, be made available to the Office, the architect or engineer in responsible charge and the owner. Upon completion of the project, these original field records shall be submitted to the hospital governing board or authority.

(b) The inspector shall notify the contractor, in writing, of any deviations from the approved construction documents or new construction not in compliance with the California Building Standards Code, which have not been immediately corrected by the contractor. Copies of such notice shall be forwarded immediately to the architect or engineer in responsible charge, owner and to the Office.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-145. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) During the construction, of any health facility, the Office shall make such observation as in its judgment is necessary or proper for the enforcement of these regulations and all applicable parts of the California Building Standards Code.

Whenever the Office finds a violation of these regulations and/or applicable parts of the California Building Standards Code that requires correction, the citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated.

Authority: Health and Safety Code Sections 127015, 129825 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-147. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) Pursuant to Section 7-141, the architect or engineer in responsible charge shall establish and administer the testing program. Where job conditions warrant, the architect and/or engineer may waive certain specified tests contingent upon the approval of the Office. The Office shall be notified as to the disposition of materials noted on laboratory reports. One copy of all test reports shall be forwarded to the inspector of record, owner and the architect or engineer in responsible charge by the testing agency. The reports shall state definitely whether the material tested complies with the approved construction documents.

(b) The governing board or authority of a health facility shall select a qualified person or testing laboratory as the testing agency to conduct the tests. The selected person or testing laboratory must be approved by the architect or engineer in responsible charge. The governing board or authority shall pay for all tests.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-149. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) In accordance with Section 7-151 (e), or when required by the Office, the architect(s), engineers(s), inspector(s) of record, special inspector(s) and contractor or owner/builder shall each submit to the Office a verified compliance report, with their signature and based on their own personal knowledge, as defined by this section. The report shall:

  1. Verify that the work during the period, or a portion of the work, covered by the report has been performed and materials used and installed are in accordance with the construction documents.
  2. Set forth detailed statements of fact as are required by the Office.

(b) The term “personal knowledge,” as used in this section and as applied to the licensed architect or engineer or both, means personal knowledge that is obtained by periodic visits to the project site, of reasonable frequency, for the purpose of general observation of the work. It also includes knowledge that is obtained from the reporting of others as to the progress of the work, testing of materials, and inspection and supervision of the work that is performed between the periodic visits of the architect or the engineer. Reasonable diligence shall be exercised in obtaining the facts.

(c) The term “personal knowledge,” as applied to the inspector, means the actual personal knowledge that is obtained from the inspector’s personal continuous inspection of the work of construction, in all stages of its progress at the site where the inspector is responsible for inspection. Where work is carried out away from the site, personal knowledge is obtained from the reporting of others on the testing or inspection of materials and workmanship, for compliance with plans, specifications or applicable standards. Reasonable diligence shall be exercised in obtaining the facts.

(d) The term “personal knowledge,” as applied to the contractor, means the personal knowledge that is obtained from the construction of the building. Reasonable diligence is required to obtain the facts.

(e) Verified compliance reports shall be submitted to the Office at the intervals or stages of the work as stated in the approved testing, inspection and observation program. In no case shall the submittal of verified compliance reports be less than:

  1. One copy prepared and signed by each required participant or discipline at the completion of the work.
  2. One copy prepared and signed by any participant or discipline at any time a special verified compliance report is required by the Office.

(f) The architect or engineer in responsible charge of the work shall be responsible for ensuring all required verified compliance reports are submitted to the Office.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-151. Filed with the secretary of state on August 4, 1996, becomes effective September 13, 1996. Approved by the California B uilding Standards Commission on March 19, 1996.

(a) When replacing any of the listed individuals, the following shall be submitted to the Office:

  1. Prior to plan approval

    1. Revised application(s) listing the new responsible individuals).
  2. Following construction document approval

    1. Revised application(s) listing the new responsible individual(s).
    2. An initial report, prepared by the new responsible individual(s), based on field observation(s) that the work performed and materials used and installed to date are in accordance with the project’s construction documents. Any observed issues of nonconformance shall be listed in the report. The new individual(s) shall be responsible for verification of project compliance, pursuant to Section 7-151, for the remainder of the project.
    3. A final verified report from the individual(s) being replaced.

      Exception to (C): In the event that the individual(s) being replaced refuse to, or cannot provide a final verified report, the owner shall submit a letter to the Office verifying that the work performed and materials used and installed are in accordance with the project's construction documents. The letter shall also list the reason the verified report could not be obtained.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) Changes in the work. Work shall be executed in substantial conformance with the construction documents approved by the Office. Changes in the work shall be made by amended construction documents approved by the Office. Changes in the work include, but are not limited to, the following: Correction of errors in design and/or construction to bring the construction documents and/or construction into compliance with applicable codes; change(s) in the scope of the work; and additional work required because of discovered conditions. Only changes that materially alter the work shall be submitted to the Office for review and approval as amended construction documents.

  1. Amended construction documents. Changes or alterations of the approved construction documents shall be made by means of amended construction documents. Amended construction documents shall be submitted with a form provided by the Office and shall state the reason for the change, and show the estimated or actual addition to or deduction from the current, estimated or actual, contract amount. The form shall be signed by the architect or engineer, or delegated architect or engineer as allowed by Section 7-115, and shall be accompanied by supplementary construction documents, when necessary. The construction documents shall be stamped and signed pursuant to Section 7-115. All changes shall be clearly described. Two copies of the form and construction documents shall be submitted for review and approval by the Office. All amended construction documents shall be approved by the Office prior to installation of the work.
  2. Emergencies. Emergency changes in the work relating to the safety of persons at the construction site may be made immediately. Such emergency changes shall be documented by subsequent amended construction documents and may require modification to comply with these regulations.

(b) Changes that do not materially alter the work. The following types of changes in the work do not materially alter the work and do not require the submission of amended construction documents to the Office:

  1. Clarification and interpretation of plans and specifications by the responsible design professional.

    Note: If calculations by the structural engineer in responsible charge, or by the delegated structural engineer, are necessary to determine structural or nonstructural adequacy, an amended construction document submittal must be made to the Office for review.

  2. Construction means and methods, such as construction sequencing, coordination of the work, and methods of assembly/construction. Construction means and methods do not include work that would require Alternate Method of Compliance or an Alternate Means of Protection.

    Note: Temporary construction, such as temporary exiting, temporary air handlers, temporary bulk oxygen tanks, or temporary shoring supporting an occupied building under Office jurisdiction are not considered means and methods and thus would require a separate permit or the submittal of an amended construction document to the Office for review.

  3. Substitution of equipment, products, or materials. The equipment, product or material substituted must be code compliant; perform the same function as the equipment, product, or material that it is replacing; must not increase the mechanical or electrical loads to the building systems; must not increase loads to lateral or gravity load-bearing structural frame members; and must meet the design requirements for the project.

    Note: Changing from one kind of equipment, product or material to another, such as changing from drilled-in concrete anchors to concrete screw anchors or changing the top-of-wall fire-resistive material/design are not considered substitutions and require the submittal of an amended construction document to the Office for review. If calculations by a structural engineer are necessary to determine structural or nonstructural adequacy, an amended construction document must be submitted to the Office for review.

  4. New details that are based on other approved details, in whole or in part, including referenced standards or pre-approved details. Reference to the approved details must be shown.
  5. Final routing configurations of ducts, conduits, pipes, etc., where these are shown diagrammatically on the approved plans.

    Note: Submittal of an amended construction document will be required when additional fire/smoke dampers, non pre-approved seismic fittings, or specially engineered braces or hangers are necessary to accommodate the final configuration or routing.

  6. Dimensional changes to rooms that do not affect code required minimum dimensions, fixed dimensions, minimum room or space requirements and required clearances.

    Note: Applicable code sections and minimum dimension and space requirements must be shown on plans for confirmation by Office field staff.

  7. Relocation of doors, windows, electrical switches and outlets, plumbing fixtures, etc., that do not require additional changes to the work to make the relocation code compliant.
  8. Relocation or reconfiguration of cabinetry that does not affect code required minimum dimensions and clearances, minimum room or space requirements, or minimum storage requirements. Such cabinetry reconfiguration shall not increase loads to supporting members, such as wall studs and ceiling framing.

    Note: Applicable code sections and minimum dimensions and space requirements must be shown on plans for confirmation by Office field staff.

    If the architect or engineer in responsible charge of a project determines that plans and/or specifications are necessary for a change that does not materially alter the work, all such plans or specifications shall be stamped and signed by the appropriate design professional(s) pursuant to Section 7-115. All changes in the work are subject to concurrence of the Office field staff as to whether or not the change materially alters the work.

(c) Code compliance. Changes in the work that do not require amended construction documents shall not be deemed to grant authorization for any work to be done in violation of the provisions of any applicable code.

(d) Changes in scope. At the discretion of the Office, amended construction documents that change the scope of the original project may be required to be submitted as a separate project.

Exception: At the discretion of the Office, changes in scope may be submitted as amended construction documents. The documents shall be reviewed by examination and subject to fees required by Section 7-133 (q)(3).

(e) Documentation of changes. The architect or engineer in responsible charge shall maintain a log of all changes to the work of construction. The log shall indicate whether the Office has made a determination as to whether each change materially alters the work, the date such determination was made, and the name of the Office staff who made the determination.

Authority: Health and Safety Code Sections 18929 and 129675-130070

Reference: Health and Safety Code Sections 129850.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-153. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
  2. (OSHPD 7/96) 1996 Annual Code Adoption Cycle will amend Section 7-153, of Part 1, Title 24, C.C.R. Filed with the secretary of state on February 19, 1997; effective March 21, 1997. Approved by the California Building Standards Commission on February 6, 1997.

(a) The Office shall schedule a final state agency inspection of the work subsequent to the receipt of the responsible architect's or engineer’s statement that the contract is performed or substantially performed.

(b) The final approval of the construction shall be issued by the Office when:

  1. All work has been completed in accordance with the approved construction documents.
  2. The required verified compliance reports and test and inspection reports have been filed with the Office.
  3. All remaining fees have been paid to the Office.

(c) Final approval shall be confirmed by a letter sent to the Department of Public Health with a copy to the applicant. The letter shall state that the work has been constructed in accordance with the California Building Standards Code, Title 24, California Code of Regulations.

(d) Upon completion of the project, all copies of construction procedure records as required by Section 7-145 (a) 6 shall be transmitted to the Office.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-155. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) Construction documents prepared by or under the supervision of the Department of Corrections and Rehabilitation for the new construction, reconstruction, alteration or addition of any hospital building and/ or correctional treatment center, as defined in Section 1250, Health and Safety Code, or any building specified in Section 129875, Health and Safety Code shall be certified to the Office by the Department of Corrections and Rehabilitation. Construction documents and construction of these facilities shall be in full compliance with all applicable building standards including, but not limited to, architectural, structural, mechanical, plumbing, electrical, and fire and life safety.

The Department of Corrections and Rehabilitation shall use a secondary peer review procedure to review the design of new construction, reconstruction, alteration or addition in order to ensure that the construction documents are in compliance with the building standards of Title 24, Parts 2, 3, 4, 5 and 9. The secondary peer review shall be performed by a California licensed architect, structural engineer, mechanical engineer and electrical engineer, as applicable.

Upon completion of construction, a written certification signed by the Director or designee of the Department of Corrections and Rehabilitation shall be submitted to the Office and shall include:

  1. Description of the project scope;
  2. Certification that construction documents and construction are in full compliance with all applicable building standards of Title 24, Parts 2, 3, 4, 5 and 9;
  3. Certification that a secondary peer review has been completed and the peer review indicates that the design for new construction, reconstruction, alteration or addition to the facility adheres to all building standards of Title 24, Parts 2, 3, 4, 5 and 9;
  4. Certification that construction inspection was performed by a competent on-site inspector and that all work was completed in accordance with the complying construction documents; and
  5. Attachments which include the final as-built construction documents.

(b) Construction documents prepared by or under the supervision of a city, county or city and county law enforcement agency for the new construction, reconstruction, alteration or addition of any hospital building and/or correctional treatment center, as defined in Section 1250, Health and Safety Code, or any building specified in Section 129875, Health and Safety Code shall be certified to the Office by the law enforcement agency. Construction documents and construction of these facilities shall be in full compliance with all applicable building standards including, but not limited to, architectural, structural, mechanical, plumbing, electrical and fire and life safety.

Upon completion of construction a written certification signed by the law enforcement agency head or designee shall be submitted to the Office and shall include:

  1. Description of the project scope;
  2. Certification that construction documents and construction are in full compliance with all applicable building standards of Title 24, Parts 2, 3, 4, 5 and 9; and
  3. Attachments which include the final as-built construction documents.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129790 and 129850.

Reference: Health and Safety Code Section 15076.

HISTORY:

  1. (OSHPD 2/96) 1996 Annual Code Adoption Cycle will add Section 7-156, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997: effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to delete Section 7-157. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) The Hospital Building Safety Board shall act as a board of appeals in the following:

  1. All matters relating to the administration and enforcement of building standards relating to the design, construction, alteration and seismic safety of health facility projects submitted to the Office pursuant to the Health and Safety Code, notwithstanding Health and Safety Code Section 13142.6 and except as provided in Health and Safety Code Section 18945.
  2. Matters relating to all fire and panic safety regulations and alternate means of protection determinations for health facility projects submitted to the Office pursuant to the Health and Safety Code, notwithstanding Health and Safety Code Section 13142.6.
  3. Explicitly enumerated matters identified in Health and Safety Code Sections 130060, 130061, and 130064 of the Health and Safety Code.

Only those matters identified in this section shall be appealable to the Hospital Building Safety Board. An appeal pursuant to this section may be made only by the current or prospective licensee of a health facility or their authorized agent, hereafter known as the appellant.

(b) Appeals made pursuant to this section shall be considered by the Hospital Building Safety Board only following the completion of the Comment and Process Review, held in accordance with Section 7-161.

(a) First Level Review. In the event that the appellant disagrees with a ruling, order, decision or act of the Office in a matter listed in Section 7-159(a), the appellant must first seek to resolve the issue informally with the original decision maker.

(b) Second Level Review. In the event that the appellant disagrees with a ruling, order, decision or act of the Office following First Level Review as described in (a) of this section, the appellant may submit a request for Second Level Review to the immediate supervisor of the original decision maker. A request for Second Level Review must be submitted in writing within ten (10) calendar days of issuance of the initial ruling, order, decision or act, and must include the following:

  1. The name, mailing or e-mail address, and telephone number of appellant;
  2. Identification of the specific ruling, order, decision or act to be reviewed;
  3. The reason for the requested review;
  4. Specific aspects of the decision with which the appellant disagrees and a proposal of alternatives the appellant would like for the reviewer to consider; and
  5. Copies of any documents or data the appellant believes support the appellant’s case or that the appellant believes would assist the reviewer.

(c) Third Level Review. In the event that the appellant disagrees with a determination made pursuant to (b) of this section, or in the event that the Second Level Reviewer does not issue to the appellant a response to the request for Second Level Review within ten (10) calendar days of submission of the request, the appellant may submit a request for Third Level Review by submitting in writing the information described in Section 7-161 (b)(1)-(5) to the Deputy Division Chief.

(d) Fourth Level Review. In the event that the appellant disagrees with a determination made pursuant to (c) of this section, or in the event that the Third Level Reviewer does not issue to the appellant a response to the request for Third Level Review within ten (10) calendar days of submission of the request, the appellant may submit a request for Fourth Level Review by submitting in writing the information described in Section 7-161(b)(1)-(5) to the Deputy Director. The Deputy Director shall provide the appellant with the written notice of his or her final determination.

(e) In the event that the appellant disagrees with the final determination of the Deputy Director pursuant to (d) of this section, or in the event that the Deputy Director does not issue to the appellant a response to the request for Fourth Level Review within ten (10) calendar days of submission of the request, appellant may request a formal hearing before the Hospital Building Safety Board pursuant to Section 7-163.

Consistent with Section 7-159 and upon completion of the Comment Process Review procedure identified in Section 7-161, the appellant may appeal the final determination of the Deputy Director to the Hospital Building Safety Board. To request a formal hearing, the appellant shall submit a written request for appeal containing the information described in Section 7-161(b)(1)-(5) to the Hospital Building Safety Board through the Office within fifteen (15) calendar days of issuance of the Deputy Director’s final determination pursuant to Section 7-161(d). Any request for appeal submitted more than fifteen (15) calendar days after issuance of the Deputy Director’s final determination pursuant to 7-161(d) may be considered at the discretion of the Office.

(a) The Hospital Building Safety Board shall act as the hearing body for appeals submitted pursuant to Section 7-163 and shall conduct a public hearing on the appeal.

(b) The Chair of the Hospital Building Safety Board shall call a hearing on an appeal. The hearing shall be convened at a location selected by the Chair.

(c) The hearing shall be held within thirty (30) calendar days of issuance of the written request for appeal described in Section 7-163. The parties to the appeal shall be notified in writing of the time and place of the hearing within fifteen (15) calendar days of receipt by the Office of the request for appeal.

(d) At least nine (9) voting members of the Board shall be present at the hearing. The decision shall bear the endorsement of a simple majority of the Board members present.

(e) The proceedings shall be recorded. Transcripts shall be made available to anyone making a request therefor upon deposit with the Hospital Building Safety Board of the amount of money which the Office has determined necessary to cover the costs of transcript preparation.

(f) The appellant may, at his or her own expense, arrange for stenographic recording and transcription of the hearings.

The appellant shall have the right to counsel, to submit documentary evidence and exhibits, to present and rebut evidence, to have witnesses appear and testify, and to question representatives of the Office and other witnesses presenting testimony or documents in the hearing. These rights shall be executed by the appellant at the appellant’s own expense.

(a) An appeal hearing conducted by the Hospital Building Safety Board shall not be conducted in accordance with strict rules of evidence or courtroom procedure. During the hearing, the Chair may accept into the record without formal proof any generally accepted technical or scientific matter related to seismic, architectural, structural, mechanical, electrical, fire and life safety or health facilities. Hearsay evidence may be allowed for the purpose of supplementing or explaining other evidence, but shall not be sufficient by itself to support the findings.

(b) The Chair of the hearing shall determine the order of witnesses and presentation and introduction of documents, evidence and exhibits into the record of the hearing. The Chair may impose reasonable time limits, rule on admissibility of evidence, maintain decorum in the hearings, call recesses and rule on continuation of the hearings.

(c) The Chair may request counsel from the Office for advice on points of law.

(d) Prior to closing of the hearing, the Chair shall announce the decision of the Board.

(a) A decision on an appeal heard by the Hospital Building Safety Board shall be reached as follows:

  1. The Board shall render a decision prior to the closing of the hearing.
  2. The Board may affirm, reverse or amend the ruling, order, decision or act being appealed.
  3. Decision of the Hospital Building Safety Board shall become effective immediately upon their announcements by the Chair of the Board, unless otherwise specified by the Chair.

(b) The decision of the Board shall be provided in writing to the parties within fifteen (15) calendar days of the formal hearing held pursuant to Section 7-165.

Authority: Health and Safety Code Sections 18929 and 129675-130070.

Reference: Health and Safety Code Section 129955.

HISTORY:

  1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-171. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

(a) A hearing officer selected by the Director of the Office shall hear appeals in only the following:

  1. Underestimation, undervaluation, or understatement of construction costs pursuant to Section 7-133(a)(4)(E) and Section 7-133(a)(7)(E).
  2. Inspector of Record certification suspension or revocation pursuant to Section 7-214(d).

(b) An appeal pursuant to subsection (a) may be made only by one of the following:

  1. In the case of a dispute regarding underestimation, undervaluation, or understatement of construction costs, the current or prospective licensee of a health facility or their authorized agent.
  2. In the case of a dispute regarding Inspector of Record certification suspension or revocation pursuant to Section 7-214(d), only an Inspector of Record whose certification has been suspended or revoked pursuant to Section 7-214(d).

(a) Consistent with Section 7-173, the appellant may appeal a final ruling, order, decision or act of the Office to a hearing officer. The appellant must submit a request for a formal hearing in writing to the Office within fifteen (15) calendar days of issuance of the written result of the formal conference and must contain the following:

  1. The name, mailing or e-mail address, and telephone number of appellant;
  2. Identification of the specific ruling, order, decision or act to be reviewed;
  3. The reason for the requested review;
  4. Specific aspects of the decision with which the appellant disagrees and a proposal of alternatives the appellant would like the reviewer to consider; and
  5. Copies of any documents or data the appellant believes support the appellant’s case or that the appellant believes would assist the reviewer.

(b) All appeals submitted after fifteen (15) calendar days of issuance of the result of the formal conference shall be considered only at the discretion of the Office.

(a) A hearing officer selected by the Director of the Office shall act as the sole adjudicator for an appeal pursuant to Article 5.5 and shall conduct a hearing on the appeal.

(b) The hearing officer shall call a hearing on an appeal. The hearing shall be convened at either the Sacramento or the Los Angeles location of the Office.

(c) The hearing shall be held within thirty (30) calendar days of issuance of the written request for formal hearing pursuant to Section 7-175. The parties to the appeal shall be notified in writing of the time and place of the hearing within fifteen (15) calendar days of receipt by the Office of the written request for formal hearing.

(d) The decision shall reflect the judgment of the hearing officer selected to hear the appeal.

The appellant shall have the right to counsel, to submit documentary evidence and exhibits to present and rebut evidence, to have witnesses appear and testify, and to question representatives of the Office and other witnesses presenting testimony or documents in the hearing. These rights shall be executed by the appellant at the appellant’s own expense.

(a) An appeal hearing conducted by the hearing officer shall not be conducted in accordance with strict rules of evidence or courtroom procedure. During the hearing, the hearing officer may accept into the record without formal proof any generally accepted technical, supportive, or validating matter related to the issue.

(b) The hearing officer shall determine the order of witnesses and presentation and introduction of documents, evidence and exhibits into the record of the hearing. The hearing officer may impose reasonable time limits, rule on admissibility of evidence, maintain decorum in the hearings, call recesses and rule on the continuation of the hearings.

(c) The hearing officer may request counsel from the Office for advice on points of law.

(d) The hearing officer shall adjourn the appeal hearing after both the appellant and the Office have had an opportunity to present and rebut evidence.

A decision on an appeal heard by a hearing officer shall be reached as follows:

(a) The hearing officer shall issue a written decision to the appellant within fifteen (15) calendar days of adjournment of the appeal hearing.

(b) The hearing officer may affirm, reverse or amend the ruling, order, decision or act being appealed.

(c) Decisions of a hearing officer made pursuant to this section shall be final and binding and shall become effective immediately upon issuance of a written decision by that hearing officer unless otherwise specified by that hearing officer.

Authority: Health and Safety Code Sections 18929 and 129675-130070.

Reference: Health and Safety Code Section 129850 and 129935-129955.

(a) Individuals performing services under contracts entered into with the Office pursuant to Health and Safety Code, Section 129855 shall meet the following qualifications:

  1. Plan reviews shall be performed only by architects or engineers validly certified under Division 3 of the Business and Professions Code as follows:

    1. Selection criteria. The director shall establish selection criteria which will comprise the basis for the selection of eligible firms or local government entities to independently perform the required architectural and engineering services. The criteria will include such factors as:

      1. Professional experience in performing services of similar nature.
      2. Knowledge of applicable codes, regulations and technology associated with the services required.
      3. Quality and relevance of recently completed or ongoing work.
      4. Reliability, continuity and proximity of firm or local government entity to the Office.
      5. Demonstrated competence.
      6. Staffing capability.
      7. Education and experience of key personnel to be assigned.
      8. Current workload and ability to meet review deadlines according to schedule.
      9. Other technical factors the director deems relevant to the specific service to be performed.

    These factors shall be weighed by the director according to the nature of the proposed project or service, the complexity and special requirements of the specific services and the needs of the Office.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4527.

    1. B. Announcement.

      1. A statewide announcement of specific services sought from firms shall be published in the California State Contracts Register, in accordance with the Government Code (commencing with Section 14825), and whenever possible, in the publications of the respective professional societies. Failure of any professional society to publish the announcement shall not invalidate any contract. Services sought from the local government entities are exempt from advertising in the California State Contracts Register pursuant to standard State of California operating procedures.
      2. The announcement for each proposed project or service shall include, at a minimum, a brief description of the project or services required, location, duration, submittal requirements, contact person for the Office, and the final response date for receipt of statements from firms of their demonstrated competence and professional qualifications.
      3. The director shall identify potentially qualified minority, women and disabled veteran business enterprises and small businesses interested in contracting with the Office, and shall provide copies of announcements to those businesses that have indicated an interest in receiving the announcements. Failure of the director to send a copy of an announcement to any business shall not invalidate any contract.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4527.

    1. C. Selection of qualified firms.

      1. After the expiration of the final response date in the published announcement, the director shall review and evaluate the written responses to the announcement, using the selection criteria contained in Section 7-191 (a) 1 A, and rank, in order of qualifications, the firms determined as eligible to perform the required services.
      2. The director shall conduct discussions with at least the three most eligible firms, or a lesser number if fewer than three eligible firms have responded, to further expand on those qualifications and experience required to perform the services sought. From the firms with which discussions are held, the director shall select, in order of qualification, not less than three firms, or lesser number if fewer than three eligible firms responded, deemed to be the most highly qualified to perform the required services.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4527.

    1. D. Selection of qualified local government entities.

      1. For specific services to be performed by local government entities, the director shall solicit, review and evaluate the qualifications of the local government entities using the selection criteria contained in Section 7-191 (a) 1 A.
      2. The director shall select, in order of qualification, those local government entities deemed to be the most highly qualified to perform the required services.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4528.

    1. E. Estimate of value of services.

      1. Before entering into fee negotiations with any firm or local government entity selected pursuant to Section 7-191 (a) 1 C (2) or D, the Office shall prepare an estimate of the value of the proposed services based on accepted billable rates for comparable services.
      2. At any time the director determines the Office's estimate to be unrealistic, the director shall require the estimate to be reevaluated and, if deemed necessary, modified. If the director modifies an estimate, negotiations will resume with the best qualified firm or local government entity.

    Authority: Health and Safety Code Sections 18929 and 129675–130070.

    Reference: Health and Safety Code Section 129855 and Government Code Section 4526.

    1. F. Fee Negotiation with firms.

      1. The director shall ask firms selected pursuant to Section 7-191 (a) 1 C (2) to submit a fee schedule of hourly billable rates. The director shall then attempt to negotiate hourly billable rates determined to be fair and reasonable with the firms, beginning with the best qualified and continuing with the remaining firms, in order of qualifications.

        1. The firm negotiating with the director shall be given two opportunities to respond to the Office’s request to meet the fair and reasonable estimate for hourly billable rates for the contract services;
        2. The firm must respond within 7 business days to each request by the Office for a new estimate which either meets or does not exceed by more than 10 percent the Office’s fair and reasonable estimate for hourly billable rates; and
        3. If after the second attempt, the firm is nonresponsive or a satisfactory hourly billable rate cannot be negotiated, the director shall terminate negotiations with that firm.
      2. After successful negotiations, a retainer contract will be executed with the firm. There may be multiple contracts awarded and each shall specify a contract period and monetary limitation. Work shall commence only upon execution of an assignment. Assignments will be negotiated pursuant to Section 7-191(a)1G.
      3. For firms selected pursuant to Section 7-191 (a) 1 C (2) to provide services for a specific project where the scope of work is extremely complex or unusual, fee negotiations will proceed in accordance with Section 7-191 (a) 1 G.

    Authority: Health and Safety Code Sections 18929 and 129675–130070.

    Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.

    1. G. Services negotiations with firms.

      1. From among the firms selected in Section 7-191 (a) 1 C (2), as most highly qualified to perform services required, the director shall attempt to negotiate a satisfactory assignment or contract with the best qualified firm at a compensation which the Office determines to be fair and reasonable.

        1. The firm negotiating with the director shall be given two opportunities to respond to the Office’s request to meet the fair and reasonable estimate for assignment or contract services;
        2. The firm must respond within 7 business days to each request by the Office for a new estimate which either meets or does not exceed by 10 percent the Office’s fair and reasonable estimate;
        3. If after the second attempt, the firm is nonresponsive or a satisfactory rate cannot be negotiated, the director shall terminate negotiations with that firm; and
        4. Negotiations with the next best-qualified firm shall commence.
      2. The director shall continue the negotiation process with the remaining qualified firms, if any, in order of qualifications, until a satisfactory assignment or contract is reached. If unable to negotiate a satisfactory assignment or contract with any of the qualified firms, the director shall abandon the negotiation process for the required services.

    Authority: Health and Safety Code Sections 18929 and 129675–130070.

    Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.

    1. H. Fee and services negotiation with local government entities.

      1. From among the local government entities selected in Section 7-191 (a) 1 D (2), as most highly qualified to perform services required, the director shall attempt to negotiate a satisfactory contract with the best qualified local government entity at a compensation which the Office determines to be fair and reasonable.
      2. If the director is unable to negotiate a satisfactory contract with the best qualified local government entity at a compensation which is determined to be fair and reasonable, negotiations with that local government entity shall be terminated and negotiations undertaken with the second best qualified local government entity. If unable to negotiate a satisfactory contract with the second best qualified local government entity at a compensation which the Office determines is fair and reasonable, negotiations with that local government entity shall be terminated and negotiations undertaken with the third best qualified local government entity. If unable to negotiate a satisfactory contract with the third best qualified local government entity at a compensation which the Office determines is fair and reasonable, negotiations with that local government entity shall be terminated.

        The director shall continue the negotiation process with the remaining qualified local government entities, if any, in order of qualifications, until a satisfactory contract is reached. If unable to negotiate a satisfactory contract with any of the qualified local government entities, the director shall abandon the negotiation process for the required services.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4528.

    1. Amendments. When the director determines that a change in the assignment or contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, with an appropriate adjustment in the firm’s or local government entity’s compensation, if necessary.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Sections 4526 and 4528.

    1. J. Contracting in phases.When the director determines it is necessary or desirable for a project to be performed in separate phases, increments or stages due to a change in design or scope of work, the director may negotiate compensation for the initial phase, increment or stage of the services required; provided, however, the director first determines that the firm selected is best qualified to perform the entire project. The assignment shall include a provision that the Office may, at its option, utilize the firm to perform other phases, increments or stages of the services under terms which the Office determines to be fair and reasonable, to be later negotiated and included in a mutual written agreement. In the event that the Office exercises its option under the contract to utilize the firm to perform other phases, increments or stages of the project, the procedures of this article regarding estimates of value of services and negotiation shall be followed.

    Authority: Health and Safety Code Sections 18929 and 129675–130070.

    Reference: Health and Safety Code Section 129855 and Government Code Sections 4526 and 4528.

    1. K. Statewide participation goals. In the negotiation of a satisfactory contract as provided in Section 7-191 (a) 1 F and G, qualified firm(s) must meet the statewide participation goals for minority, women and disabled veteran business enterprises or demonstrate that a good faith effort was made to meet them. The best qualified firm shall comply with the statewide participation goals or demonstrate a good faith effort as required by the regulations contained in Title 2, California Code of Regulations, Sections 1896.61-1896.67 and 1896.90-1896.96.

    Authority: Government Code Section 4526; Public Contract Code Section10115.3.

    Reference: Government Code Section 4528; Public Contract Code Sections 10115, 10115.1, 10115.2 and 10115.3.

    1. L. Emergency. When the director makes a finding that the public health, safety or welfare would be adversely affected in a significant way because insufficient time exists within which to implement the foregoing procedure to secure necessary services, the director may negotiate a contract for such services without the necessity of following such procedure, or any part thereof.

    Authority: Health and Safety Code Sections 129850, 129855 and 18949.3; Government Code Section 4526.

    Reference: Government Code Section 4526.

    1. M. Unlawful considerations. Each contract shall include a provision by which the firm or local government entity warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any Office employee. Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the Office under the default provision of the contract.

    Authority: Government Code Section 4526.

    Reference: Government Code Section 4526.

    1. N. Prohibited relationships. No Office employee who participates in the evaluation or selection process leading to award of a contract shall have a relationship with any of the firms or local government entity seeking that contract, if that relationship is subject to the prohibition of Government Code Section 87100.

    Authority: Government Code Section 4526.

    Reference: Government Code Sections 4526, 87100 and 87102.

    HISTORY:

    1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-191. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.
    2. (OSHPD/EF 1/92) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state September 1, 1992; effective September 1, 1992. Approved as an emergency by the California Building Standards Commission on August 27, 1992.
    3. (OSHPD/EF 1/92, permanent) Emergency order by the Office of Statewide Health Planning and Development to amend Sections 7-111 and 7-191, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state on March 9, 1993; effective March 9, 1993. Approved as a permanent order by the California Building Standards Commission on March 5, 1993.
Testing and inspection requirements are found in the California Building Standards Code.
Architectural, mechanical, electrical, structural, and fire and life safety and accessibility standards are found in the California Building Standards Code.

(a) The Office shall test and certify inspectors in one or more of the following classes:

  1. Class “A” Hospital Inspector may inspect all areas of construction, including: architectural, mechanical, plumbing, electrical, fire and life safety, and structural elements.
  2. Class “B” Hospital Inspector may inspect only the following areas of construction: architectural, mechanical, plumbing, electrical, fire and life safety, and anchorage of nonstructural elements.
  3. Class “C” Hospital Inspector may inspect one or more areas of construction specialty, including but not limited to the areas listed in Section 7-204(c)l, but may not inspect the complete scope of construction authorized for “A” or “B” inspectors.

(b) In order to be certified in and perform the scope of responsibilities of a hospital inspector as specified in paragraph (a) (1), (2) or (3), an individual must be successful in the examination for that classification.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

All correspondence, applications and remittances related to the certification or recertification of Hospital Inspector shall be directed to: Office of Statewide Health Planning and Development, Facilities Development Division, Hospital Inspector Certification Program, 400 R Street, Suite 200, Sacramento, CA 95811.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

An applicant for the certification examination or a Hospital Inspector possessing a valid certificate issued by the Office, shall file name, mailing address or telephone number changes with the Office in Sacramento within 10 working days of that change. The information filed shall include both the new and former name, mailing address or telephone number.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825.

Reference: Health and Safety Code Sections 129680 and 129825.

(a) An applicant may apply for the Hospital Inspector Certification Exam by submitting, to the Office, the following items prior to the final filing date announced for a scheduled exam:

  1. A completed application, provided by the Office, shall be submitted to the Office in Sacramento and shall include the exam title, preferred examination location, applicant's name, mailing address and telephone number. An application for an examination is valid for one year commencing with the first available examination date. If applicant has not taken an exam within that one-year period, a new application and exam fee must be submitted to participate in a future exam.
  2. Certificates or transcripts indicating educational courses completed by the applicant which relate to the minimum qualifying requirements stated in Section 7-204.
  3. Work verification form or letter from current and/or previous employer(s) regarding any job which meets the minimum qualifications for the certification examination and which includes the applicant’s name, dates of employment, job description and employer’s signature.
  4. An “Application Review Fee” in the amount specified on a certification examination announcement for a scheduled exam and pursuant to Section 7-206.

(b) Incomplete submittals may be rejected by the Office. The application, documents and fees will be returned to the applicant with a statement of reason for nonacceptance.

(c) Upon review, verification and evaluation of the applicant's qualifications, the Office will notify the applicant, in writing, of eligibility or ineligibility for entrance to the requested certification examination.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

An applicant must meet the following criteria to be eligible to participate in the certification examination for a Class “A,” “B,” or “C” Hospital Inspector:

(a) Minimum qualifications for Class “A” Hospital Inspector Exam:

  1. High school graduation or the equivalent and six years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection or inspection supervision [Note: Experience in subsection (a) 1 may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or
  2. Possess a valid California registration/license as a mechanical, electrical, or civil engineer and two years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection or inspection supervision; or
  3. High school graduation or the equivalent and two years of working experience as a Class “B” Hospital Inspector; or
  4. Possess a valid California registration/license as a structural engineer or a valid California license as an architect.

(b) Minimum qualifications for Class “B” Hospital Inspector Exam:

  1. High school graduation or the equivalent and four years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection or inspection supervision [Note: Experience in subsection (b) 1 may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or
  2. Possess a valid California registration/license as a civil engineer and two years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection or inspection supervision; or
  3. Possess a valid California registration/license as a structural, mechanical or electrical engineer, or a valid California license as an architect.

(c) Minimum qualifications for Class “C” Hospital Inspector Exam:

  1. High school graduation or the equivalent and four years experience involving building projects as the representative in testing, inspection or observation of construction for an architect, engineer, owner, local building official, local fire authority, testing lab, specialty contractor or general contractor and possess a valid certificate issued by:

    • Fire Alarm—National Institute for the Certification of Engineering Technologies (NICET), Level III
    • Fire Extinguishing Systems—NICET, Level III
    • Fire Resistive Construction—International Code Council (ICC) Building Inspector Certification
    • Medical Gas Systems—National Inspection Testing Certification (NITC) Certification
    • Plumbing—International Association of Plumbing and Mechanical Officials (IAPMO) Certification
    • Mechanical—IAPMO Certification
    • Electrical—ICC Certification
    • Concrete (Prestressed and Reinforced)—ICC Certification
    • Masonry—ICC Certification
    • Steel—ICC, Structural Steel Certification
    • Welding—American Welding Society (AWS) Certification
    • Framing and Drywall—ICC Commercial Building Inspector Certification
    • Roofing—National Roofing Contractors Association
    • Anchorage/Bracing of Nonstructural Components—Certification to be administered by the Office
    • Architectural—Certification to be administered by the Office

    In addition to these certification organizations listed, the Office may accept the equivalent certification by a state- or nationally-recognized organization. [Note: Experience in subsection (c) (1) may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or

  2. Possess a valid California registration/license as an engineer and two years experience involving building projects as an architect’s, engineer’s, owner’s, local building official’s, local fire authority’s, specialty contractor’s or general contractor’s representative in testing inspection or observation of construction and must posess at least one valid certificate issued by an organization that is listed or described in (c) (1) above; or
  3. Possess a valid California registration/license as a structural, mechanical or electrical engineer, or a valid California license as an architect and must possess at least one valid certificate issued by an organization that is listed or described in (c) (1) above.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

(a) Fees required pursuant to subsection (b), shall be transmitted by credit card, money order, cashier check, certified check or personal check, and payable to the Office of Statewide Health Planning and Development.

(b) The prescribed fees relative to the Hospital Inspector Certification Program shall be specifically charged to the applicant to recover reasonable costs of administering the certification program. Fees shall be charged as follows:

Application review$100.00 (nonrefundable)
Exam for Class “A” Inspector Certification$300.00
Exam for Class “B” Inspector Certification300.00
Exam for Class “C” Inspector Certification100.00 (for each specialty certificate)
Recertification exam100.00
Delinquency fee100.00
Duplicate certificate25.00

(c) An application review fee must accompany an application for a certification examination. This fee is nonrefundable.

(d) An exam fee shall be submitted by an applicant for a specified examination prior to participation in the examination.

(e) An applicant shall forfeit the exam fee if the applicant fails to appear for any portion of the exam for which the applicant is scheduled.

(f) If the Office has a need to reschedule an exam, a qualified applicant who has submitted the exam fee prior to the reschedule will be either reimbursed or credited for the exam fee amount.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

(a) The Office shall administer an exam not less than once in every calendar year in the Sacramento and Los Angeles areas. The certification exam will consist of a written exam.

(b) The scope of the written certification examinations is as follows:

  1. The examinations for Class “A” and “B” Hospital Inspectors will measure the applicant’s ability to read and understand construction documents; ability to identify and understand the application of various California Building Standards Code requirements; knowledge of appropriate inspector duties and ability to communicate in writing. The test will be divided into sections covering the following code enforcement areas of construction inspection, where applicable: structural, architectural, mechanical, electrical, fire and life safety, and administrative.
  2. The examination for Class “C” Hospital Inspectors will measure the applicant’s ability to identify and understand the application of various California Building Standards Code requirements; knowledge of appropriate inspector duties and ability to communicate in writing. The candidate’s inspection certification, pursuant to Section 7-204(c)(l) above, may be substituted for the technical aspect of the written certification examination for Class “C” Hospital Inspector.

(c) In order to be successful in the Class “A,” “B” or “C” certification exam, a candidate must obtain a passing score of at least 75 percent in each section of the written exam.

(d) It is not necessary for a candidate who has passed the administrative section of the Class “C” certification exam to retake this section if the candidate applies for additional certification(s) within three years of passing the administrative section of the exam.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) An applicant who participates in any of the following acts before, during or after the administration of the examination, shall be disqualified by the Office. The applicant shall not:

  1. Copy any portion of the exam.
  2. Participate in collusion regarding the exam.
  3. Disclose the contents of the examination questions to anyone other than a person authorized by the Office.
  4. Solicit, accept or compile information regarding the contents of the examination.
  5. Falsify documents required for exam entrance.

(b) If an applicant is disqualified from the exam, it shall result in denial of the application and forfeiture of fees submitted to the Office as specified in Section 7-206.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825.

Reference: Health and Safety Code Sections 129680 and 129825.

(a) A candidate who has failed an examination may participate in a reexamination no sooner than six months from the exam previously taken by the candidate. In order to participate in a reexamination, the candidate must submit an application for a retest accompanied by the examination fee pursuant to Section 7-206.

(b) An applicant or candidate who is disqualified from an examination may not participate in an examination or reexamination for a period of one year from the date of disqualification.

(c) The applicant may refile for an examination by submitting an application, documents and fees pursuant to Sections 7-203 and 7-206.

(d) A candidate who passes all sections of the Class “A” or “B” exam except one and obtains a score of at least 50 percent in the one failed section, may retest that section within six weeks of the original exam date. Failure to achieve a minimum score of 75 percent on the retested section, will be considered failure of the entire exam. The candidate may apply for a new exam pursuant to subsections (a) and (c).

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) If a candidate is successful in the certification or recertification examination, a certificate will be issued to the Hospital Inspector by the Office. Certificates will expire three years from the date of issuance with the following exception:

  1. Certification may be revoked or suspended pursuant to Section 7-214.

(b) A duplicate certificate will be granted to a Hospital Inspector for replacement of an original certificate that is lost, destroyed or mutilated upon written request and payment of the duplication fee, as required in Section 7-206.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

(a) A Hospital Inspector shall participate in a written recertification exam prior to the expiration of the certification in order to renew and maintain valid certification.

(b) To be eligible for the recertification exam, a Hospital Inspector shall meet the following minimum criteria:

  1. Possess a valid unexpired Hospital Inspector Certificate or an expired certificate that meets the delinquency criteria in subsection (c).
  2. Complete a seminar conducted, sponsored, or cosponsored by the Office within the three-year certification period.
  3. Submit a recertification exam fee pursuant to Section 7-206.

(c) Expired certification may be renewed after the expiration date, but within six months past that date. The Hospital Inspector will be required to pay a delinquency fee, pursuant to Section 7-206, in order to recertify during the six-month delinquency period. If an inspector fails to recertify within this time frame, the inspector will be required to pass a certification exam to obtain new certification as a Hospital Inspector.

(d) The scope of the recertification exam will be a written test measuring the Hospital Inspector’s knowledge of new and/or revised California Building Standards Codes, new construction materials and inspection procedures.

(e) If a Hospital Inspector fails the recertification exam, the inspector must meet the requirements of provision (b) to maintain a valid certificate.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) It is incumbent upon the hospital governing board or authority and the architect or structural engineer, or both, in responsible charge of the work, or the engineer in responsible charge of the work, to select the appropriate inspector(s) for a project. The hospital governing board or authority shall submit to the Office an application for each Hospital Inspector of Record proposed to perform construction inspection on a specified hospital construction project. The hospital governing board or authority shall obtain Office approval of proposed Hospital Inspector(s) of Record prior to commencement of the hospital construction project in accordance with Section 7-135.

(b) The Office shall not approve a proposed Hospital Inspector of Record for a specified hospital construction project if the Office determines one of the following:

  1. The Hospital Inspector of Record applicant does not hold a valid Hospital Inspector certificate pursuant to the provisions of these regulations.
  2. The Hospital Inspector is not appropriately certified in the class of inspection required for the scope of the construction project. The Class “C” inspector does not possess a current certificate for the area of inspection proposed per Section 7-204(c)l.
  3. The Hospital Inspector is a former Office employee pursuant to subsection (c) and is within the one year restriction period governing the Office’s approval of an inspector.
  4. The Hospital Inspector is committed to a workload outside the specified hospital construction project and is unable to allot adequate time to perform the work on the specified construction project, as determined by the process set forth in subsection (d).
  5. The Hospital Inspector is the architect or engineer in responsible charge of the work for the construction project specified on the Hospital Inspector of Record application.

    Exception: The Office may approve the architect or engineer in responsible charge of the work, when in the determination of the Office: (A) the project scope, duration and complexity do not merit a separate individual to serve as the Hospital Inspector of Record, and (B) the ability of the Office to obtain accurate and impartial inspection will not be jeopardized.

(c) A former employee of the Office who performed field inspections/observations or supervised staff performing field inspections/observations during employment with the Office shall not be approved for a project by the Office as a Hospital Inspector of Record within one year from the effective date of separation from the Office.

(d) When the Office determines that the cumulative workload of a Hospital Inspector of Record applicant appears excessive and may hinder competent and adequate inspection of a specified hospital construction project, the Office may request that the Hospital Inspector of Record applicant submit a written plan including a work schedule and indicating a means to perform inspection on the specified hospital construction project.

The Office will consider specific work-related factors when reviewing the Hospital Inspector’s work schedule to determine approval, pursuant to subsection (b) 4. These work-related factors are limited to the following:

  1. The geographic location of current work sites,
  2. The scope of current projects,
  3. The current phase of each project, and
  4. The number of current projects.

(e) When an inspector is approved by the Office, written notification will be sent to the hospital governing board or authority; the architect and/or engineer in responsible charge of the construction project; and the inspector of record applicant. The inspector must be in possession of this approval notice prior to commencement of construction.

(f) A Hospital Inspector of Record who has been approved by the Office must maintain valid certification throughout the term of the specified project in order to remain a Hospital Inspector of Record on the project. The Office shall rescind approval of a Hospital Inspector of Record on a project if the inspector does not comply with this provision.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

When the Office determines that a Hospital Inspector of Record has violated a provision of these regulations or that the inspector is not competently or adequately providing inspection of a facility to ensure the hospital construction is in compliance with the construction documents, the Office will notify that inspector, the hospital governing board or authority, and the architect and/or engineer in responsible charge. The written notification will include the Office’s findings, reference to the statute and/or regulation being violated, and statement of the Office’s intent to issue a “stop work” order unless the violation ceases and is rectified immediately.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825.

Reference: Health and Safety Code Sections 129680, 129825 and 129998.

(a) A hospital inspector of record certification, issued by the Office, may be suspended or revoked, as determined by the Office. A certification may be suspended or revoked if: (1) the Office determines that one or more grounds for suspension/revocation exist and the immediate suspension of a certification is necessary for health and safety reasons, or (2) the Office determines that reasonable grounds exist for the suspension/revocation of a certification based upon the evidence presented.

(b) Grounds for suspension and/or revocation. The Office or third parties may propose the suspension/revocation of a certification to the Office based on evidence of a certificate holder’s (1) incompetent inspection(s); (2) inadequate inspection(s); (3) misrepresentation(s); (4) misconduct; and/ or (5) violation(s) of these regulations.

(c) Process for suspension and/or revocation. The Office shall investigate the alleged inappropriate activity, as identified in Section 7-214(b), of the certificate holder, gather evidence related to the incident(s) in question, and interview witnesses, if appropriate. Based upon consideration of the evidence presented, the Office shall determine whether or not reasonable grounds exist for the suspension/revocation of certification.

In the event that the Office determines that reasonable grounds exist for suspension/revocation, the Office will notify the certificate holder in writing. The notice shall provide the certificate holder with an opportunity to participate in a formal conference and/or present additional evidence before a final determination is made. The Office must receive a written request for a formal conference and/or additional evidence from the certificate holder within 15 calendar days of the issuance of notice. If the Office does not receive a timely request for a formal conference, the Office may issue a final determination as to the suspension/revocation.

A formal conference may be conducted in person or by telephone. The Office shall make a final determination as to the suspension/revocation after considering all the evidence on record, including the formal conference and/or any additional information submitted by the certificate holder. Written notification of the Office’s final determination will be provided to the certificate holder within 15 calendar days of the formal conference, if applicable.

(d) Suspension is appropriate when the Office determines any of the following: (1) a certificate holder negligently or incompetently commits an act amounting to one or more grounds for suspension identified in Section 7-214(b); (2) the evidence demonstrates solitary, limited or isolated incident(s) rather than a course of negligent/incompetent conduct on the part of the certificate holder in question; and/or (3) other factors, including but not limited to mitigating circumstances or facts relating to the certificate holder’s course of conduct, support the suspension of the certification in lieu of revocation.

A certification may be suspended for a minimum of one month to a maximum of six months. The duration of suspension will be determined by the Office upon consideration of all of the evidence on record, and account for the severity of the action(s) constituting grounds for suspension.

(e) Revocation is appropriate when the Office determines any of the following: (1) a certificate holder knowingly, willfully or with gross negligence commits an act amounting to one or more grounds for revocation identified in Section 7-214(b); (2) the evidence demonstrates a course of actionable conduct and/or a history of repeated or continuous deviations from the general standard of care in the inspection industry; and/or (3) the Office determines that other factors, including but not limited to damages to third parties or facts related to the certificate holder’s course of conduct, justify the revocation of the certification in lieu of suspension.

A certification, once revoked, is no longer valid and may not be renewed pursuant to Section 7-211. In the event that a certificate holder has his or her hospital inspector certification revoked consistent with this Section, he or she may not apply for a new certification for a period of three years from the date of the Office’s final written determination identified in Section 7-214(c).

(f) Appeal. A final written determination of the Office related to the suspension and/or revocation of a certificate may be appealed by the certificate holder pursuant to Article 5.5 of these regulations.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

(a) All repair projects are subject to prior plan review, plan approval and construction permit by the Office except as noted in subsection (b).

(b) For emergency repairs carried out without the Office plan review and permit the aftermath of an emergency, an application for plan review must be submitted with construction documents, fees and a letter of transmittal stating the reasons for emergency repairs. Photographs, if available, and reports of damage and repairs should also be submitted with the application. Additional repairs may be required if the emergency repairs do not comply with the code. For alternate fee payment methodology, see Section 129787 of the Health and Safety Code.

(c) Plan reviews for emergency damage repairs will be performed on a priority basis. The application for plan review should clearly state that the scope of the project is to repair the damage from the emergency. Where possible, reviews will be made over the counter.

(d) Plan review fees shall be payable for all damage repair projects per the following:

  1. 1.64 percent of estimated construction costs for hospitals.
  2. 1.50 percent of estimated construction cost for skilled nursing facilities (SNF) or intermediate care facilities (ICF).
  3. For alternate fee payment methodology, see Section 129787 of the Health and Safety Code.
  4. An examination fee where review of existing plans is required. The fee will be calculated on a time and material basis at the prevailing hourly rates applicable for the review personnel.

(e) Office recommends predesign conference with architects/ engineers to resolve code issues relevant to the repair projects.

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Sections 129785, 129787 and 129820.

The Hospital Building Safety Board shall act as a board of appeals with regard to disagreements between the Office and hospital/SNF/ICF authorities on interpreting the repair policy or the establishment of the degree of damage. (Section 7-159 of Administrative Regulations for the Office)

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Section 129925.

Where the repairs to damage caused by an emergency are required, facilities may reopen, after temporary repairs, for a limited period of time subject to the following:

  1. Temporary repairs: The hazard resulting from damage to the facility is abated and the facility is at least restored to its pre-emergency condition or its equivalent.
  2. Permanent repairs/retrofit: The owner successfully negotiates with the Office a time bound plan for the permanent repairs/retrofit of the damaged facilities required by these regulations.

Authority: Health and Safety Code Section 129850.

Reference: Health and Safety Code Sections 129725 and 129820.

HISTORY:

  1. (OSHPD/EF 1/95) Emergency order by the Office of Statewide Health Planning and Development to add Sections 7-300 through 7-305, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state on September 8, 1995; effective September 8, 1995. Approved as an emergency by the California Building Standards Commission on September 7, 1995.
  2. (OSHPD/EF 1/95, permanent) Emergency order by the Office of Statewide Health Planning and Development to add Sections 7-300 through 7-305, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state on November 30, 1995. Since there were no changes, effective date remains September 8, 1995.

(a) Except as otherwise provided in these regulations, a city or county building jurisdiction shall be responsible for plan review and building inspection of new construction or alteration of clinic facilities specified in 7-2100 (a) (1), (2), (3) and (4) and shall also provide certification that the clinic facilities identified in 7-2100 (a) (1), (2) and (3) are in conformance with the applicable clinic provisions in the latest edition of the California Building Standards Code. For clinic facilities identified in 7-2100 (a) (1), (2) or (3), construction or alteration shall include buildings converted to the specific purpose.

  1. Surgical clinic as defined in Health and Safety Code, Section 1204 (b) (1).
  2. Chronic dialysis clinic as defined in Health and Safety Code, Section 1204 (b) (2).
  3. Surgical and/or chronic dialysis clinic building which is freestanding from a building where hospital services are provided and as defined in Health and Safety Code, Section 129725 (b) (1).
  4. Any building where hospital outpatient clinical services are provided that is freestanding from a hospital building, as defined in Health and Safety Code, Section 129725 (a), except those buildings identified in 7-2100 (a) (3).

(b) The city or county shall not establish or apply building standards for the construction or alteration of hospital licensed freestanding clinics, as described in Section 7-2100 (a) (3) and (4), which are more restrictive or comprehensive than comparable building standards established or applied to clinic facilities which are not hospital licensed pursuant to Health and Safety Code, Chapter 1 (commencing with Section 1200) of Division 2.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129885.

(a) The governing authority or owner of a clinic, as described in Section 7-2100 (a) 1 and 2, shall submit construction plans to the city or county, as applicable, for plan review, building inspection and certification. Certification by the local building jurisdiction shall indicate that the project clinic is in conformance with the applicable clinic provisions in the latest edition of the California Building Standards Code.

Exception: Notwithstanding Section 7-2100 (a) (1) and (2), the governing authority or owner may request the Office to perform the plan review and certification, pursuant to Section 7-2102.

(b) Upon the clinic’s initial submittal of project plans, the city or county shall advise the governing authority or owner, in writing, of its decision that plan review services will either include certification or not include certification.

(c) If the city or county indicates to the governing authority or owner that it will include certification with plan review of the specified clinic project, the city or county shall:

  1. Review plans to all applicable provisions in the latest edition of the California Building Standards Code and;
  2. Provide written certification to the applicant within 30 days of completion of construction that the applicable clinic provisions have been met.

(d) If the city or county indicates to the applicant that it will not include certification with plan review of the specified clinic project, the city or county shall review the plans to the provisions of the latest edition of the California Building Standards Code, excluding the clinic provisions. The governing authority or owner shall also submit the following items to the Office:

  1. A completed application and construction documents for the clinic project, pursuant to Section 7-113, and;
  2. A fee, pursuant to Section 7-2106.

(e) The Office shall review the construction documents to determine whether or not the clinic project meets the applicable clinic provisions in the latest edition of the California Building Standards Code.

(f) Upon completion of plan review and receipt of all applicable fees, the Office shall provide the clinic applicant with written certification that the project construction documents meet the clinic provisions in the latest edition of the California Building Standards Code.

(g) Building construction inspection for the clinic project shall be performed by the local jurisdiction.

(a) If the governing authority or owner of a clinic, as described in Section 7-2100 (a) (1) or (2), elects to request the Office to provide plan review services for a clinic project, in lieu of the city or county, the request shall be submitted to the Office in writing. The Office will consult with the applicable local building jurisdiction prior to acceptance or nonacceptance of the plan review request and subsequently notify the clinic, in writing, of its decision.

(b) If the Office agrees to provide plan review and certification services for the governing authority or owner, the applicant shall submit the following items to the Office:

  1. A completed application and design construction documents for the clinic project, pursuant to Section 7-113, and;
  2. A fee, pursuant to Section 7-2106.

(c) The Office shall review the plans to all applicable provisions in the latest edition of the California Building Standards Code.

(d) Upon completion of plan review and receipt of all applicable fees, the Office shall provide the applicant with written certification that the project construction documents meet the applicable clinic provisions in the latest edition of the California Building Standards Code.

(e) Building construction inspection for the project clinic shall be performed by the local building jurisdiction. Therefore, the governing authority or owner shall submit to the city or county applicable project documents required for these building inspection services.

(a) The hospital governing authority or owner of a free-standing outpatient services clinic, as described in Section 7-2100 (a) (3) or (4), shall submit construction plans to the city or county, as applicable, for plan review and building inspection, pursuant to this section or may request the Office to perform plan review and building inspection, pursuant to Section 7-2104. Certification by the local building jurisdiction that the project clinic is in conformance with the applicable clinic provisions in the latest edition of the California Building Standards Code is also required for clinics described in 7-2100 (a) (3).

(b) If the hospital governing authority or owner of a clinic, as described in Section 7-2100 (a) (3), initially submits clinic plans to the city or county for plan review, the city or county shall respond to the clinic owner, in writing, stating its decision of whether or not the plan review will include certification.

(c) If the city or county indicates to the hospital governing authority or owner that it will include certification with plan review of the specified clinic project, the city or county shall:

  1. Review plans to all applicable provisions in the latest edition of the California Building Standards Code and;
  2. Provide written certification to the applicant within 30 days of completion of construction that the applicable clinic provisions have been met.

(d) If the city or county indicates to the hospital governing authority or owner that it will not include certification with plan review of the specified clinic project, the city or county shall review the plans to the provisions of the latest edition of the California Building Standards Code, excluding the clinic provisions. The applicant shall also submit the following items to the Office:

  1. A completed application, construction documents for the clinic project, pursuant to Section 7-113, and;
  2. A fee, pursuant to Section 7-2106.

(e) The Office shall review the construction documents for certification to determine whether or not the clinic project meets the applicable clinic provisions in the latest edition of the California Building Standards Code.

(f) Upon completion of plan review and receipt of all applicable fees, the Office shall provide the clinic applicant with certification that the project construction documents meet the applicable clinic provisions in the latest edition of the California Building Standards Code.

(g) Building construction inspection for the project clinic shall be performed by the local building jurisdiction.

(a) The hospital governing authority, as described in Section 7-2100 (a) (3) or (4), may request that the Office perform plan review and building inspection for a clinic project, in lieu of the city or county performing these services. This request shall be submitted to the Office in writing.

(b) The Office shall perform the requested plan review and building inspection services when the hospital governing authority submits the following items to the Office:

  1. A completed application, construction documents for the clinic project, pursuant to Section 7-113; and
  2. A fee, pursuant to Section 7-2106.

(c) For clinic facilities described in Section 7-2100 (a) (3), upon completion of the building construction and receipt of all applicable fees, the Office will provide certification that the construction documents and construction comply with the applicable provisions in the California Building Standards Code.

(d) A clinic building which has been accepted by the Office, pursuant to paragraph (a) of this section, shall remain under the jurisdiction of the Office for plan review and building inspection of any subsequent alterations, unless the hospital governing authority or owner submits written notification to the Office, requesting the applicable city or county building jurisdiction to conduct plan review and building inspection for subsequent construction projects of the specified clinic.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129885.

(a) A building which is under the Office’s jurisdiction, pursuant to Section 7-2104 (d) may be designated as a “hospital building” by the hospital governing authority or owner under the following conditions:

  1. The hospital governing authority or owner submits written notification to the Office indicating the determination to designate the building as a “hospital building” and;
  2. The subject building remains under the jurisdiction of the Office for plan review and building inspection.

(b) A building designated as a “hospital building,” pursuant to Section 7-2105 (a), shall be reviewed and inspected to verify compliance with the standards and requirements for a hospital building, as defined in Health and Safety Code, Part 7, Chapter 1, (commencing with Section 129675).

(a) Fees for plan review services of clinic buildings described in Section 7-2100 (a) 1, 2 and 3, shall be in an amount not to exceed the actual cost of performing the services.

Exception: When the Office accepts a request from the hospital governing authority or owner to perform plan review and building inspection services for those buildings described in Section 7-2100 (a) 3, the fee requirements of Section 7-133 (a) (1) which apply to hospital buildings shall also apply to the project building.

(b) When the Office accepts a request from the hospital governing authority or owner to perform plan review and building inspection services for those buildings described in Section 7-2100 (a) (4), the fee requirements of Section 7-133 (a) (1) which apply to hospital buildings shall also apply to the project building.

(c) Fees shall be paid as follows:

  1. A nonrefundable filing fee of $250.00 shall accompany the application for plan review. This filing fee will be applied toward the total fees due for the project.
  2. After a preliminary review of the required documents received and determination of the services to be performed, the Office will provide an estimate of the total review fee due based on costs to be incurred.
  3. The applicant shall submit payment of the estimated fee prior to start of the plan review and building inspection services.
  4. If during the review/inspection process it appears that actual costs will exceed the estimate by more than five percent (5%), the applicant will be informed that additional fees, not to exceed the actual cost will be due and payable immediately upon project completion.
  5. All applicable fees for a completed project shall be paid prior to certification by the Office.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129885.

(a) Upon written request from the applicant, a fee refund may be issued pursuant to this section.

  1. The written request must be submitted to the office within:

    1. One year of the date of written certification of compliance with the applicable clinic provisions.
    2. One year of the date the project is withdrawn by the applicant.
    3. The time limits specified in Section 7-134 for building(s) as described in Section 7-2104.
  2. No refund shall be issued before written certification is provided, or the project is withdrawn or closed.
  3. Refunds shall be exclusive of the $250 filing fee.
  4. Refunds shall be calculated pursuant to Section 7-2107(b), (c)or(d).

(b) Fees paid for a project, involving a building(s) as described in Section 7-2100 (a) (1), (2) or (3), which exceed the actual cost for performing plan review and inspection services by more than five percent (5%), shall be refunded by the Office.

Exception: Refunds for building(s) described in Section 7-2104 shall be calculated pursuant to the applicable requirements of Section 7-134.

(c) If an applicant withdraws a project that has been submitted to the Office for plan review of a building(s), as described in Section 7-2100 (a) (1), (2) or (3), the unexpended balance of fees paid to the Office for actual cost of plan review services provided shall be refunded to the applicant.

Exception: Refunds for building(s) described in Section 7-2104 shall be calculated pursuant to the applicable requirements of Section 7-134.

(d) If an applicant requests a refund of fees for a project that has been submitted to the Office for plan review and building inspection, as described in Section 7-2100(a) (4), a fee may be refunded to the applicant pursuant to the applicable requirements of Section 7-134.

Authority: Health and Safety Code Sections 1226, 18929 and 129675–130070.

Reference: Health and Safety Code Section 129885.

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