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 and 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

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

Essential services buildings constructed pursuant to these rules and regulations shall be designed and constructed to resist gravity forces, to minimize fire hazards and to resist, insofar as practical, the forces generated by winds and major earthquakes of the intensity and severity of the strongest anticipated at the building site without catastrophic collapse, but may experience some repairable architectural or structural damage. An essential services building as designed and constructed shall be capable of providing essential services to the public after a disaster. In addition, the equipment and other accessories which are necessary for the continued functioning of the essential services operation shall be anchored and braced to resist earthquake forces.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

These regulations apply to the administrative procedures concerning the construction, reconstruction, alteration of or addition to any essential services building under the jurisdiction of a city, city and county, county (including special fire districts) or the State of California.

When the enforcement agency is the Division of the State Architect (DSA) all parts of the California Building Standards Code, as contained in Title 24 of the California Code of Regulations and adopted by that agency designate the building regulations which shall apply to an essential services building. The term “essential services building” shall include all buildings, structures, appurtenances and related systems or facilities as defined in Section 4-207.

These rules and regulations establish reasonable standards and minimum requirements for the design and construction of an essential services building. An essential services building shall also be designed and constructed to conform to the regulations adopted by the California State Fire Marshal in Title 24, CCR, for the particular occupancy concerned.

When the enforcement agency is a local agency, the locally adopted editions of the model codes and the administrative regulations contained in Part 1 (Sections 4-201 through 4-222 and 4-243 through 4-249) Title 24, California Code of Regulations (CCR) designate the building regulations which shall apply to an essential services building. The term “essential services building” shall include all buildings, structures, appurtenances and related systems or facilities as defined in Section 4-207.

If the building standards and regulations adopted by the city, city and county or county agency responsible for building safety are more restrictive than those adopted in the applicable sections of Title 24, CCR, then the local building standards and regulations shall govern within its jurisdiction.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

No regulation shall be construed to deprive the enforcing agency of its right to exercise the powers conferred upon it by law or limit the enforcing agency in such enforcement as is necessary to secure the safety of construction as required in the Essential Services Seismic Safety Act (see “Act,” Section 4-207.)

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

Any powers, duties and responsibilities pursuant to carrying out the provisions of the Essential Services Buildings Seismic Safety Act for the State Architect may be delegated by the State Architect to the Chief Structural Engineer, Division of the State Architect, subject to the direction of the State Architect.

Those powers, duties and responsibilities so delegated may include the observation of the implementation and administration of the Act, the adoption in consultation with local jurisdictions of the regulations necessary for carrying out the provisions of the Act, providing advice and assistance to local jurisdictions in matters concerning the Act or these regulations and acting as an appeals agency relative to the administration of the Act.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16022.

Building standards are set forth in Parts 2, 3, 4, 5, 6, 9, 10, 11 and 12 of Title 24, CCR, and have been adopted as a basis for the approval of plans and specifications. These regulations shall not be construed to prevent the use of higher design standards nor to restrict the use of new or innovative design or construction techniques.

Where the designer desires to use innovative design or construction techniques not addressed in these regulations, it shall be necessary to submit for review and approval information including computations, test data and recommendations covering the design in question. The Division of the State Architect or local enforcement agency must be satisfied that the degree of safety achieved is equivalent to that achieved by the standards contained in Title 24, CCR. The enforcement agency review and approval of the innovative design or construction techniques shall precede the submission of plans and specifications utilizing these techniques.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

Plans and specifications shall be submitted to the appropriate enforcement agency for every new owned or leased essential services building before the plans are adopted by the governing board, authority, owner, corporation or other agency proposing to construct any essential services building.

Before any agency may convert an existing building into an essential services building, that agency shall submit plans and specifications for the alteration of the building to the appropriate enforcement agency for approval. The plans shall provide for the alterations necessary for compliance with the requirements of these rules and regulations.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16011.

The words defined in this section shall have the meaning stated therein throughout the rules and regulations contained in Part 1 (Administrative), Title 24, CCR.

ACT shall mean the Essential Services Buildings Seismic Safety Act of 1986, Sections 16000-16023, inclusive, of the Health and Safety Code.

ADDITION shall mean an increase in floor area or volume of enclosed space which is physically attached to an existing building by connections which are required for transmitting vertical or horizontal loads between the addition and the existing structure. The area exemption in Section 16010 of the Act does not apply to additions to essential services buildings when the total area of the existing building and the addition exceeds 2,000 square feet. An “addition” which is not required to be physically attached either for its own support or for support of the existing building shall be separated as required by Part 2, Title 24, CCR, and shall be deemed to be the construction of a new essential services building.

ALTERATION shall mean changes within an existing building as defined in Part 2, Title 24, CCR. Alterations to existing essential services buildings shall conform to the requirements of Title 24, CCR. Major alterations will be permitted, provided the entire essential services building as modified, including the structural alterations or additions, conforms to the requirements of Title 24, CCR, if the area of the existing building, including additions, exceeds 2,000 square feet.

APPROVED PLANS AND SPECIFICATIONS shall mean plans, specifications, addenda and construction change documents which have been duly approved by the appropriate enforcement agency pursuant to Sections 16013 and 16016 of the Health and Safety Code and which are identified by a stamp bearing the name of the enforcement agency, the identification number, the date and the signature of the qualified reviewer as required in Section 16011 of the Act.

COMPLYING BUILDING shall mean a building which has been constructed or reconstructed in accordance with these rules and regulations.

CONSTRUCTION CHANGE DOCUMENT shall mean a construction document submitted by the responsible project architect or registered engineer and approved by DSA depicting a change to the approved plans and/or specifications after the construction contract has been let.

DIVISION OF THE STATE ARCHITECT, or DIVISION or the initials DSA shall mean the Division of the State Architect in the Department of General Services, State of California.

ENFORCEMENT AGENCY shall mean the Division of the State Architect for state-owned or state-leased buildings and shall mean the enforcement agency of any city, county or city and county having jurisdiction over locally owned or locally leased essential services facilities.

ESSENTIAL SERVICES BUILDING means any building, or any building a portion of which is used or designed to be used as a fire station, police station, emergency operations center, California Highway Patrol office, sheriff’s office or emergency communication dispatch center.

EQUIPMENT shall mean all new or replacement equipment installed in any new or existing owned or leased building which is required for the functioning of the essential services operation. The installation of such equipment shall meet the support, bracing and anchorage requirements of Title 24, CCR. The area exemption in Section 16010 of the Act does not apply to the anchorage or bracing of equipment necessary to the operation of the essential services function.

FIRE STATION shall mean any building that contains the operational facilities, fire suppression, alarm and communications equipment necessary to respond to fire emergencies.

MAINTENANCE shall mean and include ordinary upkeep or repair work such as replacement in kind, repainting, replastering and reroofing.

NEW ESSENTIAL SERVICES BUILDING shall mean any newly erected essential services building or any existing building converted to essential services use subsequent to the effective date of the Act regardless of whether the building is owned or leased by the public agency. Existing buildings housing essential services facilities owned or leased by the state, a city, a city and county or a county prior to the effective date of the Act are exempt from these regulations. When a portion of a building is to be utilized for an essential services operation, the area so utilized and the utilities systems and components servicing the area shall be constructed according to these rules and regulations and shall be separated or protected from damage due to failures of other portions of the structure to the extent determined by the enforcement agency to insure continued functioning after an earthquake or other disaster. Ancillary buildings and facilities related to the essential services building function may be exempt from these regulations if the enforcement agency determines that such buildings and facilities are not necessary to the functioning of the essential services operation after an earthquake or other disaster.

NONSTRUCTURAL ALTERATIONS shall mean only such alterations which do not affect the safety of the essential services building and do not change, in any manner, its structural elements.

OWNER for the purposes of these regulations shall mean the public agency responsible for the essential services functions performed under its authority within an essential services building. The owner is responsible for applying for and obtaining the approvals and certifications required by these regulations.

PLANS as used in these regulations shall mean the drawings associated with the project such as, but not limited to, vicinity maps, site plans, foundation plans, floor plans, ceiling plans, roof plans, cross-sections, interior elevations, exterior elevations and details which are used in conjunction with the project specifications and which are necessary to accomplish construction in conformance with the requirements of the Act.

POLICE STATION shall mean any building that contains the operational facilities and the alarm and communications equipment necessary to respond to police emergencies. This definition shall include the offices of local police departments, county sheriffs, California Highway Patrol and all offices necessary to the functioning of the essential services operation after an earthquake or other disaster.

PROJECT INSPECTOR shall mean any individual duly approved by the enforcement agency as the on-site inspector for a particular project. The project inspector shall be employed and paid by the owner and shall act under the general direction of the architect or registered engineer in general responsible charge of the project and under the supervision of the enforcement agency. The project inspector shall be responsible for inspecting all work included in the construction contract, except for work that must be inspected by an approved special inspector. (See Section 4-211 (c) for special inspection.)

RECONSTRUCTION is the repair of damage to an existing complying essential services building or an alteration of an existing noncomplying building to bring it into conformance with the safety standards established by these regulations for essential services buildings.

REGISTERED ENGINEER as used in these regulations shall mean a structural engineer, civil engineer, mechanical engineer or electrical engineer holding a valid certificate under Chapter 7, Division 3, of the California Business and Professions Code.

SPECIFICATIONS as used in these regulations shall mean the written document which is used in conjunction with the project plans to establish the job conditions, the quality and quantity of construction materials used in the project and the quality of workmanship required to accomplish the construction in conformance with the provisions of the Act.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16003, 16011, 16018 and 16019.

  1. Before adopting plans and specifications, the agency responsible for the essential services function shall submit an application to the appropriate enforcing agency for written approval of said plans and specifications except where the new construction is a Type V or Type II-B one-story structure which contains 2000 square feet or less of floor area and is not located in a special studies zone as defined in Section 2622 of the Public Resources Code.
  2. An architect, structural engineer or civil engineer may act as the agent for the essential services agency when filing the application for approval of plans and specifications.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16010, 16011 and 16015.

  1. General responsible charge. For every essential services building project there shall be an architect, structural engineer or civil engineer in general responsible charge of plans, specifications and observation of construction, except that plans, specifications and observation of construction may be under the responsible charge of a registered mechanical or electrical engineer for work involving only those respective branches of engineering. 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 general responsible charge may be made for the parts.
  2. Delegation of responsibility. The architect, structural engineer or civil engineer in general responsible charge may delegate responsibility for any portion of the work to, or may employ, or retain other architects, structural engineers or civil engineers. Registered mechanical and electrical engineers may be delegated responsibility for the mechanical and electrical portions of the work, respectively.
  3. Evidence of responsibility. The stamp and signature of the architect or registered engineer on a plan, specification or other document shall be deemed evidence that full responsibility is assumed by the signator for the work shown thereon, including also those portions of the accompanying computations, specifications or plans which pertain to such work.
  4. Alternates. The applicant, or the architect or registered engineer having general or delegated responsibility, may name one or more persons to act as alternate(s) for the design and/or observations of the work of construction, provided such persons are architects or registered engineers who themselves are qualified under these regulations to assume the responsibility assigned.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16011, 16012 and 16015.

  1. General. When an application is filed, it shall be accompanied by the required number of complete sets of the plans and specifications, the complete structural design calculations, site data and a fee as established by the enforcement agency.
  2. Plans. Plans shall show the use or occupancy of all parts of the essential services buildings and shall give such other information as may be required to indicate the nature of the work proposed and to show compliance with the act and these regulations. The drawings shall be legible and sufficiently detailed and cross-referenced to show clearly the pertinent features of the construction, and shall have sufficient dimensions to be readily interpreted. Where a project includes several buildings, the plans for each shall be drawn independently except that details common to all need not be repeated. Submitted plans and specifications, which are obviously incomplete or incorrect, shall be returned to the architect or registered engineer in general responsible charge with a request for compliance with these regulations before checking is begun or resumed by the enforcement agency.
  3. Specifications. Specifications shall completely set forth the requirements for the various types of materials that will enter into the permanent construction and shall describe the methods not covered in the technical regulations which are to be used to obtain the required quality of the work shown on the plans.
  4. Design computations. Computations, stress diagrams and other pertinent data shall accompany the plans and specifications and shall be sufficiently complete so that calculations for individual structural members can be readily interpreted. The computations shall be prefaced by a statement clearly and concisely outlining the basis for the structural design and indicating the manner in which the proposed essential services building will resist vertical loads and horizontal forces. The computations shall be sufficiently complete to establish that the structure will resist the loads and forces prescribed in Part 2, Title 24, CCR. Assumed safe bearing pressures on soils and specified strengths of concrete shall be given in the computations and noted on the plans. Where unusual conditions occur, such additional data as are pertinent to the work shall be submitted.
  5. Site data. Site data for all essential services buildings covered by these regulations shall include a soil investigation report providing information on subsurface site work and laboratory testing, an evaluation of site soil conditions, a recommendation for the type of foundation to be used and an allowable design value for the soil bearing capacity. For all essential services building sites not exempted from the provisions of the Act, a geologic and earthquake hazard report including an evaluation of both known and potentially active local and regional fault systems, slope stability, liquefaction potential and other hazards shall be prepared by competent persons and submitted with the application, plans and specifications. All or parts of the geologic and earthquake hazard investigation and report may be waived by the enforcement agency when in the judgment of the enforcement agency those requirements are unnecessary and would not be beneficial to public safety.
  6. Signatures required. All plans and specifications submitted for approval shall bear the stamp and signature of the architect or professional engineer in general responsible charge of design. When responsibility for a portion of the work has been delegated, the plans and specifications covering that portion of design shall also bear the stamp and signature of the responsible registered engineer or architect.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16011, 16012, 16013 and 16014.

  1. Observation by architect or registered engineer. The Act provides that the observation of the work of construction, reconstruction, alteration or addition shall be under the general responsible charge of an architect, structural engineer, civil engineer or, under certain conditions, a registered mechanical or electrical engineer for work involving only those respective branches of engineering. A geotechnical engineer shall provide the observation for placement of fills and shall submit a verified report attesting to the compliance of the engineered fill.
  2. Inspection by project inspector. The owner must provide for and require competent, adequate and continuous inspection of all construction work by a project inspector approved for each individual project by the enforcement agency. The project inspector so approved shall cooperate with the architect or registered engineer in general responsible charge of the observation of the work of construction to ensure compliance with the approved drawings and specifications. The project inspector shall request interpretations and clarifications of the approved contract drawings and specifications when necessary from the responsible architect or registered engineer.

    For every project there shall be a project inspector who shall have personal knowledge as defined in Section 16021 of the Health and Safety Code of all work done on the project or its parts. On large projects adequate inspection may require the employment of one or more approved assistant inspectors. The employment of special inspectors or assistant inspectors shall not be construed as relieving the project inspector of his/her duties and responsibilities under Sections 4-214 and 4-219 of these regulations. The project inspector shall, under the direction of the architect or engineer, be responsible for monitoring the work of the special inspectors and testing laboratories to ensure that the special inspection and testing program is satisfactorily completed.

    No work shall be carried out except under the inspection of the project inspector approved by the enforcement agency. The project inspector shall have had at least three years equivalent experience in construction work of a type similar to that for which he/she is proposed as inspector, shall have a thorough knowledge of building materials, and shall be able to read and interpret plans and specifications.

    The cost of project inspection shall be paid for by the owner (see “Project Inspector” definition in Section 4-207).

  3. Special inspection. Special inspection by inspectors specially approved by the enforcement agency may be required for masonry construction, glued laminated timber fabrication, wood framing using timber connectors, concrete batching, shotcrete, prestressed concrete, structural steel fabrication, high-strength steel bolt installations, welding, pile driving, electrical work or mechanical work. The cost of all special inspectors required by this section shall be paid for by the owner.

    The project inspector may perform special inspections if the project inspector has been specially approved for such purposes and has the time available to complete the special inspections in addition to project inspection work.

    The detailed inspection of all work covered by this section is the responsibility of the project inspector when special inspection is not provided. The enforcement agency may require special inspection for shop fabrication procedures that preclude the complete inspection of the work after assembly. The enforcement agency may require special inspection at the site in addition to those listed above if found necessary because of the special use of material or methods of construction.

    Approved special inspectors shall submit verified reports as required by Section 4-214, for the special work covered. Special inspectors shall periodically submit reports of inspections to the enforcement agency, the architect, the registered engineer responsible for the observation of structural work and the project inspector. Construction work that the special inspector finds not to be in compliance with the approved plans and specifications, and which is not immediately corrected upon notifying the contractor, shall be reported immediately to the project inspector, the enforcement agency, the architect and the registered engineer responsible for observation of the structural work.

Authority: Health and Safety Code Sections 16017 and 16022.

Reference: Health and Safety Code Sections 16015, 16017, 16020 and 16021.

During the construction, reconstruction, repair, alteration of or addition to any essential services building, the enforcement agency as provided in the Act, shall make such site visits and observations as in its judgment is necessary or proper for enforcement of the Act and the protection of the safety of the occupants of the building and the public. If at any time as the work progresses it is found that modifications or changes are necessary to achieve compliance with building standards, the enforcement agency shall direct the architect or registered engineer in general responsible charge to prepare and submit documents covering such modifications or changes for the review and approval of the enforcement agency.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16001, 16009 and 16020.

  1. General. Tests of materials are required as set forth in the approved plans and specifications and in Part 2, Title 24, CCR. Where job conditions warrant, the architect or registered engineer may waive certain tests with the approval of the enforcement agency. A list of all required tests of materials and of all required special inspections shall be prepared and submitted by the architect, structural engineer, or civil engineer in general responsible charge of the project at the time the plans and specifications are stamped for identification by the enforcement agency.
  2. Test sampling. Test samples or specimens of material for testing may be taken by the architect or registered engineer, the architect’s or engineer’s representative, the project inspector or a representative of the testing agency. In no case shall the contractor, his employee or a vendor select the samples or specimens.
  3. Test reports. One copy of all test reports shall be forwarded by the testing agency to the enforcement agency, the architect, the registered engineer responsible for observation of the structural work and the project inspector. Such reports shall include all tests made, regardless of whether such tests indicate that the material is satisfactory or unsatisfactory. Records of special sampling operations shall also be reported. The reports shall show that the material or materials were sampled and tested in accordance with the requirements of these regulations and with the approved plans and specifications. In the case of masonry or concrete, test reports shall show the specified design strength. Test reports shall also state whether or not the material or materials tested comply with the requirements of the approved plans and specifications.
  4. Verification of test reports. Each testing agency shall submit to the enforcement agency a verified report, covering all tests and inspections which were required to be performed as of the date that work on the project is suspended or the services of the testing laboratory are terminated, and at the completion of the project, covering all of required tests and inspections. The verified report shall be signed, under penalty of perjury, by the professional engineer charged with engineering managerial responsibility for the laboratory. The verified report shall indicate that all tests and inspections were made as required by the approved plans and specifications, and shall list any noncompliant tests or inspections that have not been resolved by the date of the verified report. In the event that not all required tests or inspections were made by the laboratory making this verified report, those tests and inspections not made shall be listed on the verified report.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16020 and 16021.

Sections 16020 and 16021 of the Act require that from time to time as the work of construction progresses, the architect or registered engineer in charge of observation of the work, each architect or registered engineer delegated responsibility for observation of a portion of the work, the project inspector, approved special inspectors and the contractor shall each make and sign under penalty of perjury, a duly verified report to the enforcement agency upon a prescribed form or forms, showing that of his or her own personal knowledge the work during the period covered by the report has been performed and materials have been used and installed in every material respect in compliance with the duly approved plans and specifications, and setting forth such detailed statement of fact as shall be required.

The term “personal knowledge” as applied to an architect or registered engineer means the personal knowledge that is obtained from periodic visits of reasonable frequency to the project site for the purpose of general observation of the work, and that is obtained from the reporting of others on the progress of the work, testing of materials, inspection and superintendence of the work. The exercise of reasonable diligence to obtain the facts is required.

The term “personal knowledge” as applied to an inspector means the actual personal knowledge that is obtained from the inspector’s personal continuous inspection of the work in all stages of its progress. For work performed away from the site, the project inspector may obtain personal knowledge from the reporting of testing or special inspection of materials and workmanship for compliance with approved plans, specifications and applicable standards. The exercise of reasonable diligence to obtain the facts is required.

The term “personal knowledge” as applied to the contractor means the personal knowledge gained from constructing the building. The exercise of reasonable diligence to obtain the facts is required.

See Article 2, Section 4-240 and Article 3, Section 4-249 for the reporting requirements to state and local enforcement agencies, respectively.

Authority: Health and Safety Code Sections 16020, 16021 and 16022.

Reference: Health and Safety Code Sections 16020 and 16021.

  1. General. All work shall be executed in accordance with the approved plans and specifications except where documents authorizing changes have been submitted by the responsible architect or registered engineer to the enforcement agency for review and approval. These documents shall describe the authorized changes, show the increase or decrease in the contract cost involved and shall contain the signatures of the responsible architect or registered engineer and the owner and shall bear the approval stamp of the enforcement agency.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16011, 16013 and 16015.

The certification of compliance for the essential services building shall be issued by the enforcement agency when the project has been completed in accordance with the requirements as to safety of design and construction with Sections 16000-16023 of the Health and Safety Code (Essential Services Buildings Seismic Safety Act) and with the requirements of these regulations. The certification of compliance will be evidenced by a letter or a certificate of occupancy each of which shall contain a statement that the building design and review and the work of construction have been completed in accordance with the requirements of Sections 16000 through 16023 of the Health and Safety Code and of Part 1, Title 24, CCR. The certificate of compliance will be directed to the owner of the essential services building.

Local enforcement agencies shall forward one copy of the certification of compliance to the DSA Headquarters Office in Sacramento.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009 and 16022.

  1. General. The architect or registered engineer is responsible to the owner and to the enforcement agency to see that the completed work conforms in every material respect to these regulations and the approved plans and specifications. The architect or registered engineer may, if so authorized, act as agent for the owner in completing and submitting the application to the enforcement agency.

    The architect or registered engineer, in no way, is relieved of any responsibility by the activities of the enforcement agency in the performance of its duties.

  2. General responsible charge. The architect or registered engineer in general responsible charge shall advise the owner in regard to filing of the application for approval of plans, the selection of a project inspector and the selection of a testing laboratory. The architect or registered engineer shall prepare the plans, specifications, design computations and other data and shall prepare documents authorizing changes in the approved drawings and specifications when so directed by the owner or as required by conditions on the project. The architect or registered engineer shall make, or cause to be made, the corrections required on the various documents to comply with the requirements of these regulations and shall provide the project inspector and testing agency with a complete set of stamped plans, specifications and documents authorizing changes.

    The enforcement agency directs all technical correspondence to the architect or registered engineer in general responsible charge of the project.

  3. Architect or engineer verified reports. All architects and registered engineers having responsibility for observation of the work of construction shall maintain such personal contact with the project as is necessary to assure themselves of compliance in every material respect with the approved plans and specifications and shall submit verified reports to the enforcement agency as required in Section 4-214. The architect or registered engineer in general responsible charge shall be responsible for the timely submittal of the required verified reports from the project inspector, the contractor and any other architects or engineers who have been delegated responsibility for observation of the work.
  4. Testing program. The architect or registered engineer in general responsible charge shall establish the extent of the testing of materials consistent with the needs of the particular project and shall issue specific instructions to the testing agency. The architect or registered engineer shall also notify the enforcement agency as to the disposition of materials noted on laboratory reports as not conforming to the approved plans and specifications.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16015 and 16020.

The architect, structural engineer or civil engineer in general responsible charge retains overall responsibility for the mechanical and electrical portions of the work when the design responsibility for that work has been delegated and the plans have been prepared by registered mechanical and electrical engineers.

Where plans, specifications and estimates for alterations or repairs only involve mechanical or electrical work, said plans, specifications and estimates may be prepared and the work of construction observed by a registered mechanical or electrical engineer, respectively, who shall be in general responsible charge.

The mechanical or electrical engineer shall fulfill the duties outlined in Section 4-217 when assuming general responsible charge and shall submit verified reports as required in Section 4-214. When accepting delegated responsibility, the mechanical or electrical engineer shall comply with the requirements of Sections 4-209 and 4-210 insofar as these may relate to the delegated work.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16015.

  1. General. The project inspector shall act under the general direction of the architect or registered engineer and under the supervision of the enforcement agency.
  2. Duties. The general duties of the project inspector in fulfilling project inspection responsibilities are as follows:

    1. Continuous inspection requirements. The project inspector must have actual personal knowledge obtained by personal and continuous inspection of the work of construction in all stages of its progress that the requirements of the approved plans and specifications are being executed.

      Continuous inspection means complete inspection of every part of the work. Work, such as concrete work or masonry work which can be inspected only as it is placed, shall require the constant presence of the project inspector. Other types of work which can be completely inspected after the work is installed may be carried on while the project inspector is not present. In any case, the project inspector must personally inspect every part of the work. In no case shall the project inspector have or assume any duties which will prevent him or her from providing continuous inspection.

      The project inspector may obtain personal knowledge of the work of construction, either on-site or off-site, from the inspections performed by special inspectors or approved assistant inspectors and from the reporting of others on testing and inspection of materials and workmanship for compliance with the plans, specifications and applicable standards. The exercise of reasonable diligence to obtain the facts shall be required.

    2. Relations with the architect or engineer. The project inspector shall work under the general direction of the architect or registered engineer. Any uncertainties in the inspector’s comprehension of the plans and specifications shall be reported promptly to the architect or registered engineer for his/her interpretation and instructions. In no case shall the instructions of the architect or registered engineer be construed to cause work to be done which is not in conformity with the approved plans, specifications and documents authorizing changes.
    3. Job file. The project inspector shall keep a file of approved plans and specifications (including all approved documents authorizing changes) on the job at all times.
    4. Construction procedure records. The project inspector shall keep a record of certain construction procedures including, but not limited to the following:

      1. Concrete pouring operations. The records show the time and date of placing concrete and the time and date of removal of forms in each portion of the structure.
      2. Welding operations. The record shall include identification marks of welders, lists of defective welds, manner of correction of defects, etc.
      3. Penetration under the last ten (10) blows for each pile when piles are driven for foundations.

      All such records of construction procedures shall be kept on the job until the completion of the work. These records shall be made a part of the permanent records of the owner.

    5. Deviations. The project inspector shall notify the contractor, in writing, of any deviations from the approved plans and specifications which are not immediately corrected by the contractor when brought to the contractor’s attention. Copies of such notice shall be forwarded immediately to the architect or registered engineer and to the enforcement agency.

      Failure on the part of the project inspector to notify the contractor of deviations from the approved plans and specifications shall in no way relieve the contractor of any responsibility to complete the work covered by his or her contract in accordance with the approved plans and specifications and all laws and regulations.

    6. Verified reports. The project inspector shall submit to the enforcement agency verified reports as required in Section 4-214.
  3. Violations. Failure, refusal or neglect on the part of the project inspector to notify the contractor of any work that does not comply with the requirements of the approved plans and specifications, or failure, refusal or neglect to report immediately, in writing any such violation to the architect or registered engineer, to the owner and to the enforcement agency shall constitute a violation of the Act and shall be cause for the enforcement agency to take action, which may result in withdrawal of the inspector’s approval.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16017 and 16021.

  1. Responsibilities. It is the duty of the contractor to complete the work covered by his or her contract in accordance with the approved plans and specifications therefore. The contractor in no way is relieved of any responsibility by the activities of the architect, registered engineer, project inspector or the enforcement agency in the performance of their duties.
  2. Performance of the work. The contractor shall study carefully the approved plans and specifications and shall plan his schedule of operations well ahead of time. If at any time it is discovered the work is being done that is not in accordance with the approved plans and specifications, the contractor shall correct the work immediately.

    All inconsistencies or items which appear to be in error in the plans and specifications shall be promptly called to the attention of the architect or registered engineer, through the project inspector, for interpretation or correction. In no case, however, shall the instruction of the architect or registered engineer be construed to cause work to be done that is not in conformity with the approved plans, specifications, construction change documents, and standards.

    The contractor must notify the project inspector, in advance, of the commencement of construction of each and every aspect of the work.

  3. Verified reports. The contractor shall make and submit to the enforcement agency from time to time, verified reports as required in Section 4-214.

    If work on the building is being done by independent contractors having contracts with the owner, verified reports shall be submitted by each contractor regardless of the type of work involved.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16021.

DSA shall maintain a record of the approved plans, specifications, addenda, construction change documents and letters of certification for state-owned or state-leased essential services buildings which have been certified as complying with the provisions of the Act. DSA shall also maintain a record of the letters of compliance for essential services buildings built under the jurisdiction of local enforcement agencies which have been submitted to DSA by those agencies.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16022.

  1. General. The State Architect may appoint an advisory board whose duty it is to serve in an advisory capacity to DSA in connection with administrative matters and with reference to regulations and requirements pertaining to the administration of the Act. This board shall also act as a board of review to which appeal can be made by owners, architects, engineers or other interested parties in case of disagreement with the interpretation by the local enforcement agencies and/or local appeals board of the Essential Services Buildings Seismic Safety Act or the regulations adopted pursuant thereto. For state agencies, the Advisory Board shall act as an appeals board for disagreements with the rulings, decisions, interpretations or acts of DSA.
  2. Membership. The said board shall consist of nine members appointed by the State Architect and four ex-officio members who are: State Architect, the Chief Structural Engineer of DSA, the California State Fire Marshal, the Executive Director of the Building Standards Commission and the Chairman of the Seismic Safety Commission. The ex-officio board members may appoint alternates to serve on the board as their representatives. Of the appointive members, one shall be an architect, one shall be a structural engineer, one shall be a civil engineer, one shall be a mechanical engineer or an electrical engineer, one shall be a representative of the League of California Cities, one shall be a representative of the County Supervisors Association, one shall be a representative of the California Building Officials, one shall be a representative of the California Fire Chiefs Association and one shall be a representative of a law enforcement agency. The appointive members shall serve at the pleasure of the State Architect. The State Architect will select appointive members from nominations solicited from the California Council, American Institute of Architects, the Structural Engineers Association of California, the Consulting Engineers and Land Surveyors Association of California, the California Building Officials, the League of California Cities, the County Supervisors Association, the California Peace Officers Association and from the California Fire Chiefs Association. The State Architect may also appoint additional ex-officio members. Ex-officio members are not entitled to vote in board actions.
  3. Meetings. The board shall elect its own chairperson and vice-chairperson and shall convene upon the call of the chairperson or the State Architect whenever it may be necessary in the chairperson’s or State Architect’s judgment for the board to meet. The board shall adopt such rules of procedure as are necessary to enable it to perform the obligations delegated to it. The chairperson of the board shall at his or her discretion or upon the instruction of the board designate subcommittees to study and report back to the board on any technical subject or matter for which an independent study is desired or regarding appeals which are made to the board from interpretations of the enforcement agencies. The board members will be reimbursed for their reasonable expenses in attending meetings but shall receive no compensation for their services.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16022.

The provisions of Article 1 and Article 2 of these regulations shall apply to state-owned or state-leased essential services buildings. Article 2 requirements do not apply to essential services buildings under the jurisdiction of local enforcement agencies.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

  1. The written approval of drawings and specifications shall consist of a letter issued by DSA when the procedures of Section 4-229 of these regulations are completed.
  2. The agency responsible for the essential services function shall submit an application, for the approval of drawings and specifications to DSA. A separate application shall be submitted for each essential services building or group of buildings on each site. Applications shall be submitted to DSA on Form DSA-1, Application for Approval of Plans and Specifications. DSA forms are available on the Internet at www.dgs.ca.gov/dsa, or at any of the DSA regional offices.
  3. The application shall contain a project name and location of the essential services building or buildings, the name of the architect or registered engineer in general responsible charge of the work, the names of the architects or registered engineers who have been delegated responsibility for portions of the work (see Section 4-209), the estimated cost of the project and all such other information as is requested on Form DSA-1 Application for Approval of Plans and Specifications.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16001 and 16011.

In addition to the requirements of Section 4-209, Article 1 of these regulations, the following provisions shall apply;

  1. Delegation of responsibility. The architect, structural engineer or civil engineer in general responsible charge shall employ or retain, under his/her supervision, registered mechanical and electrical engineers to design and observe the construction of the mechanical and electrical portions of the work when these elements are significant to the safety of the building or its occupants or the continuing functioning of the building. The requirement for observation of construction of the mechanical and electrical portions of the work by the mechanical and electrical engineers may be waived where the mechanical and electrical elements are not considered to be significant to the safety of the building or its occupants or its continuing functioning and when special mechanical and electrical inspection in accordance with Section 4-211 is provided.

    No delegation to or employment or retention of others shall be construed as relieving the architect, structural engineer or civil engineer in general responsible charge of his/her rights, duties and responsibilities under Section 16015 of the Act and Section 4-217 of these regulations.

  2. Assumption of responsibility. The architect, structural engineer or civil engineer who submits for approval plans and specifications for any project or any portion of any project which have been prepared by others shall assume responsibility for the safety of design of the completed construction and for the interpretation of and any necessary amplification of the plans and specifications of the project. He/she shall stamp and sign all plans submitted for approval to indicate his/her assumption of responsibility or may in lieu thereof, stamp and sign, and submit plans prepared under his/her own charge. (See Section 4-210 for other signatures.) When an architect, structural engineer or civil engineer accepts the responsibility for completion of a project or a portion of a project relinquished by another, that architect, structural engineer or civil engineer thereby assumes responsibility as follows:

    1. If the relinquishment occurs prior to the completion of the design documents, all responsibility shall be assumed. [See Section 4-225 (c) for the procedure.]
    2. If the relinquishment occurs after the design drawings and specifications have been completed and approved by the enforcement agency, the assuming architect or registered engineer shall be responsible for the construction of the project in accordance with the design of the relinquishing architect or engineer. The assuming architect or registered engineer shall assume responsibility for the interpretation of and any necessary amplification of the plans and specifications and shall stamp and sign any such documents prepared for that purpose.
  3. Acceptance of responsibility. The assumption of general responsible charge or of delegated responsibility shall be clearly outlined, accepted and approved by the parties concerned including the owner. The enforcement agency shall be notified when any change is made in the individuals in general responsible charge or delegated responsible charge.

    Form DSA-1, Application for Approval of Plans and Specifications, provides for the delegation of responsibility, but for unusual cases, or for changes in responsibility taking place after the plans have been submitted for approval, the delegation of responsibility, acceptances and approvals thereof, shall be submitted in letter form, which shall include an indication that the owner has been notified.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16011 and 16015.

Alternates may be named on Form DSA-1, Application for Approval of Plans and Specifications, or in letter form. Letter forms shall be submitted to DSA prior to performance of work by the alternate and shall include an indication that the owner has been notified.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16015.

Estimates of cost shall be based on the cost of construction prevailing at the time the plans and specifications for the project are submitted to DSA. The estimated cost of a project shall be increased as necessary to include the estimated cost of every alternate building or portion thereof shown on the plans and specifications as if each alternate building and portion were to be constructed separately and simultaneously.

When a contract amount, or the cumulative total of two or more contract amounts, exceeds the estimated cost by more than 30 percent, the estimated cost shall be revised. An additional fee based on the contract amount shall be paid before proceeding with the work. When the actual cost of constructing all the work shown on the approved plans is less than 70 percent of the estimated cost, a refund of overpaid fees may be claimed. (See Section 4-232 for actual cost.)

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009 and 16011.

  1. General. After DSA has completed its review of the documents submitted with the application, the checked prints of the plans and specifications with the requests for corrections and/or additional information noted thereon shall be returned to the responsible architect or registered engineer. When plans and/or specifications require extensive corrections, a corrected set of prints of the plans and specifications shall be submitted for review if requested by DSA.

    When the requested corrections have been made and/or the additional information as requested has been provided by the responsible architect or registered engineer, an employee representative of the architect or registered engineer shall return the check set of plans and specifications along with the original plan tracings, the corrected specification pages and specification master cover sheet to DSA for backchecking. The backcheck is a comparison of the corrected plans and specifications with the check set of plans and specifications and shall be accomplished either by a conference at the DSA office between the architect or registered engineer or his/her employee representative and the checking engineer or by mail in the case of minor corrections to which all parties have agreed.

    Changes in plans and specifications, other than changes necessary for correction, made after submission for approval shall be brought to the attention of DSA in writing or by submission of revised plans identifying those changes clearly at the time of back-checking. Failure to give such notice may result in the voidance of any subsequent approval given to the plans and specifications.

    All requested corrections shall be made, additional requested information furnished or original designs justified and a list of materials to be tested and special inspections to be made shall be supplied to DSA at the time of backcheck. When DSA deems that the corrected plans and specifications comply with these regulations and all parts of Title 24, CCR, that pertain to essential services building construction, DSA shall place its stamp of identification on the reproducible sheets of drawings and master cover sheet of the specifications. This stamp is affixed for purposes of identification only and shall not be construed as authorization to let the construction contracts.

    One set of prints of the stamped plans and specifications shall be submitted to DSA. The submittal of the stamped prints of the plans and specifications is required before DSA will issue the written notice of approval of the application.

  2. Approval of the application. DSA shall issue to the owner of the essential services building a letter approving the application for the project upon receipt of the stamped copies of the approved plans and specifications. This letter shall constitute the approval of drawings and specifications as required by Section 16016 of the Health and Safety Code. No construction or fabrication work on an essential services building project shall commence until this approval in writing has been obtained.

    DSA will retain one set of the stamped plans and specifications and other pertinent project information in its files as a permanent record of the compliance of the approved project documents.

  3. Voidance of the application. Any change, erasure, alteration or modification of any plans or specifications bearing the identification stamp of DSA may result in voidance of the approval of the application. However, the “written approval of plans” may be extended by DSA to include revised plans and specifications after documents are submitted for review and approved. (See Section 4-233 for revised plans and Section 4-215 for addenda and construction change documents.)

    The procedures leading to written approval of plans shall be carried to conclusion without suspension or unnecessary delay. The application shall be void where either (1) prints from corrected plans or corrected original plans are not filed for backcheck and the backcheck is not completed within six months after the date of return of the checked plans to the architect or registered engineer, or (2) prints of the stamped plans and one set of the stamped specifications are not submitted to DSA files within two months after the date shown on the stamp of identification.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16011 and 16013.

Where a portion of the construction cannot be adequately detailed on the approved plans because of variations in product design and manufacture, the approval of plans for such portion, when specifically accepted by the enforcement agency, may be deferred until the material suppliers are selected provided the following conditions are met:

  1. The project plans clearly indicate that a deferred approval by the enforcement agency prior to the fabrication and installation is required for the indicated portions of the work.
  2. The project plans and specifications adequately describe the performance and loading criteria for such work.
  3. An architect or registered engineer stamps and signs the plans and specifications for the deferred approval items. The architect or engineer in general responsible charge of the design of the project shall submit the plans and specifications for the deferred approval item to the enforcement agency, with notation indicating that the deferred approval documents have been found to be in general conformance with the design of the building.
  4. Deferred approval shall not apply to the requirements of Section 4-210 (b), (c) and (d) with regard to the vertical and lateral load resisting systems and elements of the building. The plans, details, specifications and computations for the structural portions of the building shall provide sufficient information to permit a complete review when the project is submitted.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16011, 16012, 16013 and 16014.

If a request is made by the owner of an essential services building for cancellation of the application and return of the plans and specifications, together with the fee paid, it will be granted only when the review of plans and specifications has not actually started. If the review of the plans and specifications has started, 30 percent of the paid fee will be refunded or applied to a new application for the same project.

No refund will be allowed for projects upon which only the minimum fee has been paid. No refund will be allowed after a contract has been let for any portion of the work except as provided in Section 4-228.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16009.

The filing fee required by DSA to accompany the submittal of project plans and specifications for essential services buildings shall be one and one-half percent (1.5%) of the first $1,000,000 of estimated cost and one and one-quarter percent (1.25%) of the excess of the estimated cost over $1,000,000 except that the minimum filing fee for any project shall be $250.

The words “filing fee” mean the fee which must accompany the application and the words “further fee” mean the fee which shall be paid to DSA if the actual cost exceeds the estimated cost by more than 5 percent.

The application for an essential services building is considered received when it, accompanied by the plans and specifications, structural design computations, site data and filing fee has been received by DSA and an application number has been assigned.

An Essential Services Building Account is hereby established in the Architecture Public Fund for the purpose of crediting the application fees paid by state agencies into the state treasury.

Authority: Health and Safety Code Sections 16022 and 16023.

Reference: Health and Safety Code Sections 16006, 16007 and 16009.

For purposes of determining fees, both the estimated and actual costs of the project shall be the total outlay for all work included in the approved plans and specifications (exclusive of fees paid, but not recovered, for architectural engineering, inspection and testing services) regardless of whether the funds are provided by the state, local government authorities or agencies, or by private groups or individuals. In the event a building is converted to essential services building use, the cost shall include the value of the building. If work is done in portions, the actual cost shall be determined at the completion of each contract.

The estimated cost and the fee based thereon shall not be amended after plan check has started except as provided by Section 4-227 or for a permissible increase in the scope of the project. The scope of the project shall not be amended after bids for all or part of the project are opened. No portion of the fee can be returned after checking has started except as provided by Sections 4-227 and 4-230.

Actual project cost shall include all items which are normally considered to be contractor’s operation costs such as owner furnished labor and materials, bond insurance and use of owner’s facilities and shall not be reduced by chargebacks such as those for testing, inspection or overrun of contract time. All fees and/or reimbursable charges paid the construction managers shall be included in the actual cost of construction. When the contract for the work includes items not otherwise subject to the approval of DSA and not included in the approved plans and specifications, the actual cost shall include this work unless such costs are segregated bid items or by separately priced items of change orders, or by certified copy of a subcontractor’s bid. Such segregation shall not be made by contract price breakdown or estimates.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009 and 16011.

  1. General. No additional fee is charged upon submission of revisions to the approved plans and specifications, provided that the entire matter is actually one transaction having to do with the same essential services building and the revisions do not require substantial review for safety of design. If the original plans are abandoned and the plans and specifications submitted in lieu thereof are in fact for a new project rather than an identical building or where a modified set of plans is for an essentially different structural concept, it is necessary that a new application be filed and fee paid. This is regardless of the fact that the building may have the same name, be of the same general size and be situated at the same location as the essential services building for which the original application was submitted.
  2. Addenda. Changes or alterations of the approved plans or specifications prior to letting a construction contract for the work involved shall be made by means of addenda. Addenda shall be stamped and signed by the architect or registered engineer in general responsible charge of preparation of the plans and specifications, and by the architect or registered engineer delegated responsibility for the portion affected by the addenda. Addenda shall be submitted to DSA for review and approval and as such become part of the approved contract documents.
  3. Construction change documents. Changes or alterations of the approved plans or specifications after a contract for the work has been let shall be made by means of construction change documents. Construction change documents shall state the reason for the change and shall be accompanied by supplementary drawings and calculations where necessary. All construction change documents shall be stamped and signed by the architect or registered engineer in general responsible charge of the work of construction of the project, and by the architect or registered engineer delegated responsibility for observation of the portion of the work of construction affected by the construction change documents. Construction change documents shall be submitted to DSA for review and approval and as such become part of the approved contract documents.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16009.

The owner shall be billed for further fees upon completion of the project or portion thereof if fee is due. Claims for refunds of five dollars or less due to errors in cost reporting or fee computation shall be made within six months from the date of filing.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16009.

Construction work whether for a new essential services building, or for a reconstruction, alteration or addition project for an essential services building, shall not be commenced, and no contract shall be let until the owner has applied for and obtained from DSA the required written approval of plans and specifications. Construction of all work shown in the approved plans and specifications shall be commenced within one year after the approval of the application; otherwise the approval of the part not commenced shall be void unless DSA has been notified and an extension of the approval has been granted. DSA may require that the plans and specifications be revised to meet its current regulations before a renewal of the voided approval is granted. Renewal shall not be granted after a period of four years beyond the date of the application approval.

State agencies may complete all work or proceed with construction of any part of the work included in the approved plans and specifications with the intent of completing the work later.

All work done and materials used and installed must be in accordance with and in conformity to the approved plans and specifications. DSA shall be notified whenever work is being carried on and failure to give such notice may result in voidance of the approval of the plans and specifications.

An uncompleted building shall not be construed as having been constructed under the provisions of the Essential Services Building Seismic Safety Act.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16016.

The architect or registered engineer responsible for the project shall give DSA written notification before construction is to be started. As soon as a contract has been let, the architect or registered engineer shall furnish to DSA on Form DSA-102, Contract Information, the name of the contractor, the contract price, and the date of starting of construction. DSA forms are available on the Internet at www.dgs.ca.gov/dsa, or at any of the DSA regional offices.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16016.

DSA shall be notified by the project inspector when (1) the construction is suspended for more than two weeks or (2) the construction is suspended or abandoned for any reason for a continuous period of one year following its commencement at which time the approval of DSA becomes void. DSA may reinstate the approval upon the request of the owner.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16009.

  1. Whenever DSA finds any construction work being performed in a manner contrary to the provisions of this code and which would compromise the structural integrity of the building, the Department of General Services, State of California, is authorized to issue a stop work order.
  2. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
  3. Any person who continues working the cited work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16017.5.

For each essential services building project, an Inspector’s Qualification Record, Form DSA-5, shall be submitted for the proposed project inspector, a proposed assistant inspector, and may be required by DSA to be submitted for a proposed special inspector. The proposed project inspector and any proposed assistant inspector shall be interviewed by the architect or registered engineer in general responsible charge of the project to determine his/her qualifications. The architect or registered engineer shall recommend to DSA the approval of the inspector based upon his/her determination of the competency of the candidate to perform the inspection work. Unless otherwise directed by the enforcing agency, special inspection reports shall be in accordance with Section 4-211(c) and submitted in a timely fashion as determined by the enforcing agency; special inspection reports indicating nonconformance shall be immediately submitted to the enforcing agency, the owner, the project inspector, the contractor, and the architect or registered engineer.

Form DSA-5 for the proposed inspector, with the signatures of the architect or registered engineer and the owner, shall be submitted to DSA for review and approval. In addition to the information supplied on the qualification record, DSA may require a personal interview with the proposed inspector which may include oral and written examinations concerning inspection and testing procedures.

The submittal of the Inspector’s Qualification Record for the project inspector shall be made a minimum of 10 days prior to the start of construction on the project. The submittal of the Inspector’s Qualification Record for an assistant inspector, or when required for a special inspector, shall be made a minimum of 10 days prior to the use of the assistant inspector or special inspector on the project. DSA forms are available on the Internet at www.dgs.ca.gov/dsa, or at any of the DSA regional offices.

Authority: Health and Safety Code Sections 16017 and 16022.

Reference: Health and Safety Code Sections 16017 and 16021.

In addition to the requirements of Section 4-213, Article 1 of these regulations, the following provisions shall apply:

  1. Performance of tests. The owner, with the recommendation of the architect or registered engineer shall select a qualified testing laboratory to conduct the tests. Sampling, preparation of samples and tests shall be in accordance with the standards as provided in the approved plans and specifications and in the applicable building regulations. Unless otherwise directed by the enforcing agency, test reports shall be in accordance with Section 4-213 and submitted in a timely fashion as determined by the enforcing agency. Where a sample has failed to pass the required tests, the test lab shall report immediately the deficiency to the enforcing agency, the owner, the project inspector, the contractor and the architect or registered engineer. The architect or registered engineer, subject to the approval of the enforcement agency, may permit retest of the sampled material.
  2. Payments. The owner shall pay for all tests. When in the opinion of the architect or registered engineer additional tests are required because of the manner in which the contractor executes his work, such tests shall be paid for by the owner but the amount paid may be collected from the contractor. Examples of such tests are: Tests of materials substituted for previously approved materials, retests made necessary by the failure of materials to comply with the requirements of the specifications and load tests necessary because certain portions of the structure have not fully met specification or plan requirements.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16020 and 16021.

Project inspectors, approved special inspectors and contractors shall file verified reports on Form DSA-6. Architects and engineers shall file verified reports on Form DSA-6A/E. DSA forms are available on the Internet at www.dgs.ca.gov/dsa, or at any of the DSA regional offices.

Verified reports shall be filed with DSA as follows:

  1. By each contractor having a contract with the owner, at the completion of the contract.
  2. By the architect, registered engineers, project inspector and approved special inspectors at the completion of the essential services building.
  3. By the architect, registered engineers, project inspector and contractor at the suspension of all work for a period of more than one month.
  4. By the architect, registered engineer, project inspector, approved special inspector or contractor whose services in connection with the project have been terminated for any reason.
  5. At any time a verified report is requested by DSA.

Authority: Health and Safety Code Sections 16020, 16021 and 16022.

Reference: Health and Safety Code Sections 16020, 16021 and 16022.

In addition to the verified reports required in Section 4-214, the project inspector shall make semimonthly reports of the progress of construction to the architect or registered engineer in general responsible charge. A copy of each such report shall be sent to the owner, the architect or engineer in general responsible charge and DSA. Semimonthly reports shall state the name, location and owner of the essential services building and shall contain the application number and file number of the project for identification purposes. The reports shall include a list of official visitors to the project and whom they represent, a brief statement of the work done, instructions received from the architect or registered engineer during the period covered by the report and pertinent information regarding any unusual conditions or questions that may have arisen at the job. Forms are not provided by DSA for semimonthly reports. Failure to comply with this section will be cause for withdrawal of the approval of the project inspector.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16017.

The project inspector shall notify DSA at the following times:

  1. When construction work on the project is started, or restarted, if previously suspended per Item (d) below.
  2. At least 48 hours in advance of the time when foundation trenches will be complete and ready for footing forms.
  3. At least 48 hours in advance of the first placement of foundation concrete and 24 hours in advance of any subsequent and significant concrete placement.
  4. When all work on the project is suspended for a period of more than two weeks.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16017.

  1. The provisions of Article 1 and Article 3 of these regulations shall apply to essential services buildings owned or leased by a city, city and county or county or a special fire district within these jurisdictions. The Division of the State Architect shall observe the implementation and administration of the provisions of the Essential Services Buildings Seismic Safety Act and these regulations pertaining to local jurisdictions under the authority granted in the Act.
  2. Local jurisdictions shall establish such administrative procedures as they deem necessary and proper for the enforcement of the provisions of the Act so long as those procedures do not conflict with the requirements of Articles 1 and 3 of these regulations. The enforcement of these regulations is the responsibility of an authorized official of the local enforcement agency.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16001.

  1. The required written approval of drawings and specifications may consist of either a building permit or other document as established by the enforcing agency.
  2. Written notification by the local enforcement agency to DSA shall be required when the written approval of the drawings and specifications is issued by the local enforcement agency. The written notification shall contain a project name and location for the essential services building, the name of the architect or registered engineer in general responsible charge of the work, the estimated cost of the project, the name of the qualified plan reviewer (the licensed architect or registered engineer responsible for the design review) and if available the name of the project inspector. The written notification shall also include a statement signed by an official of the enforcement agency that the plans and specifications and the review thereof has been accomplished in compliance with the provisions of the Act and of these regulations.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16001 and 16011.

Any change, erasure, alteration or modification of any plans or specifications bearing the identification or approval stamp of the enforcement agency may result in voidance of the approval of the application. However, the “written approval of the plans” may be extended by the enforcement agency to include revised plans and specifications after documents are submitted for review and approved.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Sections 16009, 16011 and 16013.

Construction work whether for a new essential services building, or for a reconstruction, alteration or addition project for an essential services building, shall not be commenced nor shall any contract be let until the owner has applied for and obtained from the enforcement agency the required written approval of plans and specifications.

All work done and materials used and installed must be in accordance with and in conformity to the approved plans and specifications. The enforcement agency shall be notified whenever work is being carried on and failure to give such notice may result in voidance of the approval of the plans and specifications.

An uncompleted building shall not be considered as having been constructed under the provisions of the Essential Services Buildings Seismic Safety Act.

Authority: Health and Safety Code Section 16002.

Reference: Health and Safety Code Section 16016.

The architect or registered engineer responsible for the project shall give written notification to the enforcement agency before construction is to be started. The architect or registered engineer shall furnish the name of the contractor, the contract price and the date of starting of construction.

Authority: Health and Safety Code Section 16022.

Reference: Health and Safety Code Section 16016.

  1. The enforcement agency shall review, for each individual project, the qualifications of the project inspector, any assistant inspector, and special inspectors proposed for an essential services buildings projects to determine the inspector’s competency to do the inspection required for that particular project. The qualification review shall include, for the project inspector and any assistant inspector, an appraisal of the candidate’s education and experience and a personal interview which may include a written examination if deemed appropriate by the enforcement agency.
  2. The approval of the project inspector by the enforcement agency shall include information to the project inspector of the “personal knowledge” provisions of the Act and of the additional requirement that the project inspector shall not assume other duties which would preclude the inspector from obtaining personal knowledge required of all work of construction.
  3. Representatives of the enforcement agency shall from time to time visit the construction site to observe the work of construction and to monitor the performance of the project inspector. The construction work is subject to any inspections required by the enforcement agency.

Authority: Health and Safety Code Sections 16017 and 16022.

Reference: Health and Safety Code Sections 16017 and 16021.

The verified reports required by the Act to be filed by any architects, engineers, inspectors and contractors having responsibility for all or any portion of the construction work of the project shall be filed on a form prescribed by the enforcement agency. Original manual signatures of the architect, engineer, inspector and contractor are required on the verified report. Refer to Section 4-214 of these regulations for verified report requirements.

Authority: Health and Safety Code Sections 16020, 16021 and 16022.

Reference: Health and Safety Code Sections 16020 and 16021.

Group 1 Safety of Construction of Public Schools

School buildings constructed pursuant to these regulations are expected to resist earthquake forces generated by major earthquakes of the intensity and severity of the strongest experienced in California without catastrophic collapse, but may experience some reparable architectural or structural damage.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

HISTORY:

  1. Repealer of Group 1, Articles 1-6 (§§ 1-80) and new Group 1, Articles 1-5 (§§ 1-6, 8, 10, 10.5, 11-14, 16-26, 26.1, 26.2, 26.5-26.9, 27-40, 50, 51, 60, 61, 62, 80 and Appendix), filed 11-1-66; effective thirtieth day thereafter (Register 66, No. 38). For history of former sections see Registers 53, Nos. 15, 18; 54, No. 24; 55, No. 12; 56, No. 10; 59, No. 14; 60, Nos. 8, 16; 61, No. 19; 64, No. 13.
  2. Amendment filed 6-29-76 as an emergency; designated effective 7-1-76 (Register 76, No. 27).
  3. Certificate of Compliance filed 10-15-76 (Register 76, No. 42).
  4. Amendment of NOTE filed 6-19-79; effective thirtieth day thereafter (Register 79, No. 25).
  5. Repealer filed 9-24-82 by OAL pursuant to Government Code Section 11349.7 (j); effective thirtieth day thereafter (Register 82, No. 39).
  6. Repealer of Group 1 (Articles 1-5, Sections 2-80, not consecutive) and new Group 1 (Articles 1-9, Sections 1-55, not consecutive and Appendix) filed 9-8-83; effective 9-15-83 pursuant to Government Code Section 11346.2 (d) (Register 83, No. 40). For prior history, see Registers 79, No. 25; 77, No. 40; 76, No. 42; 76, No. 27; and 74, No. 38.
  7. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-301, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. Part 2, Title 24, California Code of Regulations (C.C.R.), also known as the California Building Code, and Part 10, C.C.R., also known as the California Existing Building Code, designate the structural building regulations that shall apply to the design, construction, reconstruction, rehabilitation, alteration of or addition to any school building as defined in Sections 17283 and 81130.5 of the Education Code. The term “school building” shall include all buildings, structures, appurtenances and related systems or facilities as defined in Section 4-314.

    These regulations establish reasonable standards and minimum requirements for the structural integrity of public school buildings to resist, insofar as practicable, the forces of gravity, wind and earthquake for the protection of life and property.

    The design and construction of the mechanical and electrical systems in school buildings shall conform to the applicable building regulations in Title 24, C.C.R.

    Further, the design and construction of school buildings shall comply with the regulations adopted by the Division of the State Architect/Access Compliance (DSA-AC) and the Office of the California State Fire Marshal for the particular occupancies concerned. (See Title 24, C.C.R.)

    Authority: Education Code Sections 17310 and 81142.

    Reference: Education Code Sections 17280 and 81130.

  2. Emergency buildings. Installation of relocatable school buildings, used or designed to be used for school purposes following disasters such as earthquakes, fires, floods or unanticipated emergency classroom needs require approval by DSA. DSA has determined that compliance with the strict letter of the regulations may be impractical in these circumstances. The modifications to the regulations granted by DSA are as indicated here and are recorded and entered in the files of DSA in accordance with Section 4-304.

    Emergency relocatable buildings must meet all the requirements of regulations with the following modifications and limitations:

    1. The building is a one-story relocatable building no greater than 2,160 square feet in area.
    2. Documentation is provided indicating the construction of the building superstructure is DSA certified in accordance with Section 4-339.
    3. A foundation system is provided that has been accepted by DSA.
    4. Observation and inspection of construction shall be in compliance with Section 4-333.
    5. Verified reports shall be prepared and provided in compliance with Section 4-336.
    6. DSA must be notified immediately by the district of the emergency need and the intent to use this section.
    7. Within 14 days following the installation of these emergency buildings, the school district will notify DSA of the extent of the damage to their permanent school buildings or extent of emergency need and the number of emergency buildings installed to house displaced students.
    8. Within 60 days following installation of these emergency buildings, the design professional representing the school district shall provide DSA with a complete project submittal in compliance with Article 3 of these regulations.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17282 and 17298.

HISTORY:

  1. Editorial correction of printing error (Register 83, No. 45).
  2. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-302, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  3. (DSA/SS 2/95) Regular order by the Division of the State Architect/Structural Safety Section to amend Section 4-302(b). 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 reorganization of Group 1 is printed as a repealer and adoption for clarity.

All powers, duties, responsibilities pursuant to carrying out the provisions of the Field Act vested by law in the Department of General Services have been delegated by the Department to the State Architect.

Authority: Education Code Sections 17310 and 81142.

Reference: Government Code Section 14607.

The provisions of these regulations are not intended to prevent the use of any material or method of construction not specifically prescribed by these regulations, provided any alternate has been approved and its use authorized by DSA.

DSA may approve any such alternate, provided DSA finds that the proposed design is satisfactory and complies with the provisions of these regulations and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in these regulations in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

DSA shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting acceptance of an alternate shall be recorded and entered in the files of DSA.

When there are practical difficulties involved in carrying out the provisions of these regulations, DSA may grant modifications for individual cases. DSA shall first find that a special individual reason makes the strict letter of these regulations impractical and that the modification is in conformance with the intent and purpose of these regulations and that such modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-304, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

Building standards applicable to public school buildings are set forth in Parts 2, 3, 4, 5, 6, 9, 10, 11 and 12, Title 24, C.C.R., and have been adopted as minimum design and construction standards upon which to base the approval of plans and specifications. These regulations shall not be construed to prevent the use of higher design standards nor to restrict the use of new or innovative design or construction techniques.

Where the designer desires to use innovative design or construction techniques not addressed in these regulations it shall be necessary to submit for review and approval information including computations, test data and recommendations covering the design in question. The designer shall confer with DSA concerning the applicability of these innovative design or construction techniques to school building construction prior to the submittal of plans and specifications.

DSA must be satisfied that the degree of safety achieved by these innovative design and construction techniques is at least equivalent to that achieved by the regulations. This requirement shall apply to all buildings proposed for public school use for educational purposes as defined in these regulations. The proposed use of archaic building materials and structural systems such as those desired to be retained in buildings which have been designated as historically important shall be included in this provision. The determination of the equivalency of the degree of safety shall be the responsibility of DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-305, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

Plans and specifications for any new school building or the rehabilitation of or addition to any school building, regardless of cost, shall be submitted to DSA for approval in accordance with Section 4-315.

All new construction work which is part of an addition project shall comply with currently effective regulations. Existing school buildings for which an addition project is proposed shall be retrofitted when required by Section 4-309(c). Where the use of an addition requires higher gravity and/or lateral loads per current regulations than the existing building, the addition shall be required to have a stand-alone egress system for the occupants of the addition.

Before the school board may award a contract or commence construction work for the rehabilitation of a structure already owned (including those pre-1933 buildings not retrofitted or subsequently abandoned for school use under the provisions of the Garrison Act), or an existing building which has been purchased or leased, into a school building, the school board shall submit application and plans of the building to DSA for approval. The plans shall provide for the retrofit necessary for full compliance with the requirements of currently effective regulations. Refer to Section 4-307 for rehabilitation of an existing nonconforming building for use as a school building.

When a structural rehabilitation of an existing school building is required by Section 4-309(c) and DSA, the school board shall submit to DSA, prior to submittal of project application, a pre-application for the rehabilitation project, fees in accordance with Section 4-326, and an Evaluation and Design Criteria Report for approval. If the school board voluntarily elects to rehabilitate an existing school building to full compliance with the code, then a pre-application may be required by DSA. The report shall propose the methodologies for evaluation and design, and determination of acceptance criteria for nonconforming construction, and shall propose the material testing and condition assessment requirements for the rehabilitation. The approved Evaluation and Design Criteria Report shall establish the criteria for the evaluation and design to be used by the project design professionals and the material testing and condition assessment requirements. The seismic evaluation and retrofit design shall comply with the provisions of Sections 317 through 323, Part 10, Title 24, C.C.R.

The relocation or moving of an existing school building within the same school district or from one school district to another regardless of cost requires approval by DSA. (See Section 4-314 for definition of “relocation.”)

The provisions of this section shall not apply to a “temporary-use building community college.” (See Section 4-314 for definitions of “new school building” and “temporary-use building community college.”)

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-306, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. An existing nonconforming building rehabilitated for use as a school building is considered, for the purpose of the application of Title 24, to be a new school building. Plans and specifications for rehabilitation of any existing nonconforming building, or portion thereof, for use as a school building shall provide for the retrofit necessary for compliance with the health and safety standards contained in Title 24, C. C. R., currently effective edition. Existing materials or systems not specifically prescribed in current safety standards are permitted to be evaluated for equivalency and approved in accordance with Section 4-304. The seismic evaluation and retrofit design shall comply with the provisions of Sections 317 through 323, Part 10, Title 24, C. C. R.
  2. A site, which is currently not an existing school site, on which one or more existing nonconforming buildings are rehabilitated for use as school building(s) is considered to be a new school site for the purpose of the application of Title 24. Any building on a new school site which is not rehabilitated and approved as a school building shall not be used for school purposes and shall be subject to the provisions of Section 4-310.
  3. Prior to submittal of a project application for the rehabilitation of an existing nonconforming building, the school board shall submit to DSA a pre-application for the rehabilitation project, fees in accordance with Section 4-326, and an Evaluation and Design Criteria Report for approval. The report shall propose the methodologies for evaluation and design, and determination of acceptance criteria for nonconforming construction; and shall propose the material testing and condition assessment requirements for the rehabilitation. The approved Evaluation and Design Criteria Report establishes the criteria for the evaluation and design to be used by the project design professionals, and the material testing and condition assessment requirements.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

Projects involving only reconstruction or alterations whose estimated costs do not exceed $100,000 do not require approval by DSA, but such approval can be obtained at the request of the school board and by compliance with these regulations. The cost of work classified as maintenance as defined in Section 4-314 shall not be considered for purposes of this section. The regulations of the Division of the State Architect/Access Compliance and of the California State Fire Marshal may apply to any project, including maintenance, regardless of cost. See Section 4-302.

In authorizing and completing the design and construction of projects with an estimated cost below $100,000 as described in this section, the school board assumes responsibility for employing an architect or a registered engineer to prepare the plans and specifications and for adequate inspection of the materials and work of construction to ensure compliance with the currently effective provisions of Title 24, C.C.R.

The dollar amount cited in this section shall be increased on an annual basis, according to an inflationary index governing construction costs that is selected and recognized by the Division of the State Architect. This annually adjusted dollar amount shall be published by DSA and made available to school boards and the public.

School construction projects shall not be subdivided for the purpose of evading the cost limitations of this section.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17295, 81130 and 81133.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-308, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  2. (DSA/SS 9/96) 1996 Annual Code Adoption Cycle will amend Section 4-308, 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.
  1. General. Plans and specifications for any reconstruction or alteration project exceeding $100,000 in cost shall be submitted to DSA for approval in accordance with Section 4-315, except as provided within this section. The cost of work classified as maintenance as defined in Section 4-314 shall not be considered for purposes of this section.

    The dollar amounts cited in this section shall be increased on an annual basis, according to an inflationary index governing construction costs that is selected and recognized by DSA. This annually adjusted dollar amount shall be published by DSA and made available to school boards and the public.

    School construction projects shall not be subdivided for the purpose of evading the cost limitations of this section.

    All new construction work, which is part of a reconstruction or alteration project shall comply with currently effective regulations for design and construction, where not otherwise regulated in this section.

    Exception: Fire damage repair may be accomplished utilizing the approved plans and specifications for the original construction work. All regulations and standards in effect at the time of approval shall be complied with except that the testing and inspection requirements of current regulations shall apply to the reconstruction work. Minor modifications to the original approved plans may be made, subject to the approval of DSA, provided that they do not reduce the structural capacity of the building.

    All modifications affecting the existing structural elements carrying gravity load shall comply with Section 503.3, Part 10, Title 24, C.C.R.

    Where any modifications to an existing school building results in an increase to the seismic or wind forces in, or decrease the capacity or stiffness of, any lateral force-resisting structural component by more than 5 percent cumulative since the original construction, then those affected components shall be made to comply with Section 319.1 or 317.7, Part 10, Title 24, C.C.R and Section 1609A, Part 2, Title 24, C.C.R. Only the affected components need be strengthened unless a rehabilitation is required for the entire building per Section 4-309(c). The capacity of the lateral force-resisting structural component may include past strengthening that was approved and certified by DSA as the basis for the percentage comparison.

    Voluntary lateral force-resisting system modifications may be used where permitted in Section 4-309(d).

    When the estimated cost of a reconstruction or alteration project exceeds $100,000 but does not exceed $225,000, and a licensed structural engineer determines that the project does not include any work of a structural nature, approval of the project plans and specifications by DSA is not required, provided the following three items are completed:

    1. The structural engineer shall submit a written statement to DSA, indicating that the project does not contain any work of a structural nature.
    2. The design professional in general responsible charge of the project shall certify, in writing, that the plans and specifications for the project meet any applicable fire and life-safety standards, and do not specify any work of construction that is regulated by the accessibility standards of Title 24. This certification shall be submitted to DSA, and shall bear the stamp and signature of the design professional.
    3. Within 10 days of the completion of the project, a DSA certified project inspector shall sign and submit to DSA a verified report on a form prescribed by DSA, indicating that the project was completed in conformance with the plans and specifications.
  2. Existing noncomplying, nonstructural elements. Existing noncomplying, nonstructural elements discovered during the design or construction of a reconstruction, alteration or addition to an existing complying school building and directly affected by the work of construction shall be corrected to comply with the bracing and anchorage requirements of currently effective regulations.
  3. Required rehabilitation. Existing school buildings for which a reconstruction, alteration or addition project is proposed shall be evaluated and retrofitted as required to comply with currently effective regulations applicable to the rehabilitation of structural systems per Section 4-306, including wind and seismic force requirements, when any of the following conditions occur:

    1. When the cost of the reconstruction, alteration, or addition project exceeds 50 percent of the replacement value of the existing building. Air-conditioning equipment and insulation materials costs, including installation, need not be included in the percentage of replacement value calculation. For the purposes of this section, the cost of the reconstruction, alteration or addition project need not include the cost of voluntary lateral force-resisting system modifications in accordance with Section 4-309(d), except the cost shall be included when the structure is located in a fault hazard zone and a geologic hazard report demonstrates that the structure is located within 50 feet of the trace of an active fault as defined in Section 4-317(e).
    2. When the cost of the reconstruction, alterations or addition project does not exceed 50 percent of the replacement value of the existing building, and the proposed modifications result in any of the following:

      1. An increase in the effective seismic weight, or wind force due to increase in surface area exposed to wind, in any story by more than 10 percent, cumulative since the original construction.
      2. A reduction in the lateral-force-resisting capacity or stiffness of any story in any one direction by more than 10 percent, cumulative since the original construction. For the purposes of evaluating the strength or stiffness reduction, any new strengthening as part of the project shall not be included.

        Exception to A and B: A rehabilitation of the structure will not be required if the elements of the existing lateral-force resisting system, without considering new strengthening as part of the project, comply with Section 319.1 or 317.7, Part 10, and Section 1609A, Part 2. The capacity of the lateral force resisting system may include past strengthening that was approved and certified by DSA as the basis for the percentage comparison.

      3. A structural irregularity that is prohibited in ASCE 7 Section 12.3.3.1 and Section 1617A.1.10, Part 2.
    3. When a change of occupancy results in a structure being reclassified to a higher risk category.
  4. Voluntary lateral force-resisting system modifications. Alterations to existing structural components or additions of new structural components that do not exceed the limitations of Section 4-309(c)2 for required rehabilitation and are initiated for the purpose of increasing the strength or stiffness of the lateral force-resisting system of an existing structure are permitted to be evaluated and designed in accordance with Section 317.11 of Part 10, Title 24, C.C.R. and Section 1609A, Part 2, Title 24, C.C.R. for voluntary lateral force-resisting system modifications.
  5. When building damage due to an earthquake or wind is repaired, all portions of the building associated to this damage shall be retrofitted to comply with currently effective regulations.

    Authority: Education Code Sections 17310 and 81142.

    Reference: Education Code Sections 17280, 17295, 81130 and 81133.

    HISTORY:

    1. New section filed 2-28-86; effective 30th day thereafter (Register 86, No. 9).
    2. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-309, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The Act does not apply to buildings or structures constructed by a school district for the purpose of, and used solely for housing, buses and minor mechanical equipment or for nonschool use where such buildings or structures do not provide facilities for either pupils or teachers and are not intended to be entered by them as such for school purposes. Similarly, the Act does not apply to dwellings for employees or to district-wide administrative buildings on sites separate from school sites, which are not to be used or entered by pupils or teachers, for school purposes. DSA approval for accessibility is required in accordance with Section 5-101. Approvals from other agencies may also be required. Such buildings or structures shall not be used for school purposes.

The Act does not apply to school-based health centers, social services or support services qualifying under the provisions of Education Code, Section 17296, housed in stand-alone buildings located on school property which are not to be used for school purposes. Approvals from other agencies will be required for these facilities. Proof of qualification and a copy of the building permit from the local building official will be required to be provided to DSA prior to start of construction.

It shall be the responsibility of the school board to take all necessary measures and precautions to prevent such use and to prevent injuries to pupils or teachers on school grounds as a result of collapse of such buildings or structures. Any such building excluded from the provisions of these regulations shall be posted with a sign pursuant to Sections 17368 and 81160 of the Education Code.

In authorizing and completing the design and construction of district-owned buildings as described in this section, the school board assumes responsibility for employing appropriately licensed architects or registered engineers to prepare the plans and specifications and for adequate inspection of the materials and work of construction to ensure compliance with the provisions of Parts 2, 3, 4, 5, 6, 9, 10, 11 and 12, Title 24, C.C.R., as adopted by the Building Standards Commission.

For these cases DSA requires that a resolution be passed by the school board stating that the building or structure shall not be used for school purposes and that no pupils or teachers, as such, will be permitted to use or enter the said building for said purposes or be subjected to a hazard resulting from its collapse. A copy of the resolution shall be submitted to DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17296, 17368, 81130 and 81160.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-310, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

DSA has no authority under the Act to order the closing of any school building. However, if requested by the school district or on DSA’s own volition, DSA shall examine and report on the safety of structural aspects of any school building that appear to be deficient. The report shall state in writing to the school board whether or not the investigated structural aspects of the building are in compliance with the code in effect at the time of construction, and shall also state whether or not the building is safe for school use. (See Sections 4-345 and 4-346.)

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17311 and 81143.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-311, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

Demolition is the entire razing or destruction of a school building or a school building unit. It is not necessary to secure the approval of DSA for such demolition. It is the responsibility of the school board to notify DSA of such demolition.

Approval by DSA is required for any partial demolition of existing buildings or any demolition which is part of a reconstruction, rehabilitation, alteration or addition.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17310 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-312, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The words defined in Section 4-314 shall have the meaning stated therein throughout the regulations contained in Part 1, Section 4-300, et. seq, Title 24, C.C.R.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17283, 81130, 81130.5 and 81529.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-313, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

ACT shall mean the Field Act, Sections 17280-17316 and 81130-81147, inclusive of the Education Code.

ADDITION as that term is used in these regulations shall mean an increase in permanently constructed floor area or volume of enclosed space placed immediately adjacent to or above and sharing use with an existing certified building. The addition may be of the same occupancy or a different occupancy and may be either structurally attached or structurally detached from the existing building. An existing building with an existing expansion joint, indicating that it was previously added on to at one time in the past, is considered one single building.

ALTERATION shall mean any construction or renovation to an existing certified building other than reconstruction, rehabilitation, or addition. The relocation or moving of an existing certified school building is considered to be a relocation, not an alteration, requiring filing of the plans and specifications with, and certification by, DSA.

APPROVED PLANS AND SPECIFICATIONS as used in these regulations shall mean plans, specifications, addenda, construction changes and other documents which have been duly approved by DSA pursuant to Sections 17295 and 81133 of the Education Code. The plans and specifications shall be identified by a stamp bearing the name “Division of the State Architect,” the application number, initials of the plan reviewers and date of stamping. The written approval as required by Section 17297, Education Code, shall not be issued until a copy of plans and specifications bearing DSA’s identification stamp is on file at the DSA.

ARCHITECT shall mean a certified architect holding a valid license under Chapter 3, Division 3, of the California Business and Professions Code.

CERTIFIED BUILDING shall mean a building which was constructed or reconstructed in accordance with Article 3 or 7 commencing with Sections 17280 and 81130, respectively, of the Education Code and with the regulations in effect at the time of their certification.

CONSTRUCTION CHANGE DOCUMENT shall mean a construction document submitted by the responsible project architect or registered engineer and approved by DSA depicting a change to the approved plans and/or specifications after the construction contract has been let.

DIVISION OF THE STATE ARCHITECT or DIVISION, or initials DSA, shall mean the Division of the State Architect in the Department of General Services, State of California. Approval, disapproval, orders and certificates of compliance shall be issued directly by the State Architect who shall act for the Department of General Services in carrying out the provisions of the Act.

GARRISON ACT (1939), Sections 17280–17316 and 81160–81192 of the Education Code, as amended, prescribes the actions to be taken by school board members to preclude personal liability for the continued use of unsafe school buildings.

GEOTECHNICAL ENGINEER shall mean a professional engineer holding a certificate to use the title geotechnical engineer, soil engineer or soils engineer under the law regulating the practice of civil engineering comprising Chapter 7 of Division 3, of the California Business and Professions Code.

INSPECTOR shall mean any person duly approved by DSA to perform construction inspection for a particular project. (See Sections 4-333 and 4-342.)

MAINTENANCE shall mean and include ordinary upkeep or repair work such as replacements in kind, repainting, replastering and reroofing. Reroofing shall be limited to one additional application and shall include an examination of the structural elements of the roof, walls, ceilings and all other elements which may have suffered deterioration from moisture resulting from roof leaks. Maintenance shall not include work, other than repainting, on structural framing nor include the replacement of large mechanical, electrical or plumbing units or systems.

NEW SCHOOL BUILDING shall mean any newly erected school building and/or existing owned, leased or purchased building converted to school use and certified by DSA.

NONCONFORMING BUILDING is a building that has not been certified by DSA as a school building.

NONSTRUCTURAL ALTERATIONS shall mean only such alterations as do not affect the structural safety of the school building and that do not change, in any manner, its structural elements.

OFFSITE LOCATION is a building designated by the governing board to be used for less than full-time instruction in educational programs which require such offsite facilities in order to fulfill the objectives of the programs. Such designated buildings shall not be located on, or adjacent to, a school site and its primary use shall be for other than public school purposes. The designation of off-site location is subject to review by DSA. (See Education Code Section 81529.)

PLANS as used in these regulations shall mean the drawings associated with the project such as, but not limited to, vicinity maps, site plans, foundation plans, floor plans, ceiling plans, roof plans, cross sections, interior elevations, exterior elevations and details.

PROFESSIONAL ENGINEER as used in these regulations shall mean an engineer holding a valid certificate under Chapter 7, Division 3, of the California Business and Professions Code, in that branch of engineering which is applicable.

PUPILS as used in these regulations shall mean persons who are performing a required activity or entering a building by virtue of being a pupil enrolled in an elementary or secondary school district or a community college district.

RECONSTRUCTION is the repair of damage to an existing certified school building.

REGISTERED ENGINEER as used in these regulations shall mean a structural engineer or a professional engineer as defined in this section.

REHABILITATION is the evaluation and resulting retrofit of an existing nonconforming building or a school building conforming to earlier code requirements to bring the building, or portion thereof, into conformance with the safety standards of the currently effective regulations, Parts 2, 3, 4, 5, 6, 8, 9, 10, 11 and 12, Title 24, C. C. R.

RELOCATABLE BUILDING is any building with an integral floor structure which is capable of being readily moved. (See Education Code Section 17350.) Relocatable buildings that are to be placed on substandard foundations not complying with the requirements of Part 2, Title 24, C.C.R., require a statement from the school district stating that the durability requirements for those foundations may be waived and acknowledging the temporary nature of the foundations.

RELOCATION shall mean the physical moving of any certified building either as a single unit or in parts from its original location to a new location on the same campus or on a different campus. Relocation of a building requires the approval of DSA.

RETROFIT is the construction of any new element or system, or the alteration of any existing element or system required for the rehabilitation of the building.

SCHOOL BOARD shall mean and include district Boards of Trustees, city or county Boards of Education and other appropriate authorities for which any school building used or designed to be used for elementary or secondary school or community college purposes is to be constructed, reconstructed, altered or added to by the state, or by any county, city, city and county, or other political subdivision, or by any school or community college district of any kind or character within the state, or by the United States government, or any agency thereof.

SCHOOL BUILDING as defined in Sections 17283 and 81130.5 of the Act is interpreted to include all structure and utility systems or facilities necessary to the complete functioning of the structures, used or designed to be used for instructional purposes, or intended to be entered by pupils or teachers for school purposes, or structures operated as school units, the failure of which would endanger pupils or teachers on school grounds or in school buildings. (See Section 4-310 for teacher residences.) “School Building” is also defined to include dwellings, including utility systems or facilities necessary to the complete functioning of the dwellings, used by pupils, teachers and school employees that are part of a campus where the primary use is for school purposes.

The following are not considered to be school buildings but may be submitted separately or may be included in the plans and specifications for a school building project and will be checked under the provisions of the Act if submitted by the school district: one-story buildings not over 250 square feet in area when used exclusively as accessory facilities to athletic fields (equipment storage, toilets, snack bars, ticket booths, etc.); greenhouses, barns and materials or equipment storage sheds, used exclusively for plant or animal production or protection and not used for classroom instruction (small groups of pupils and teachers may enter these structures for short periods of time); lighting poles less than 35 feet above the grade, antenna towers less than 35 feet above the grade; retaining walls less than 4 feet above the top of foundations and not supporting a surcharge, concrete or masonry fences less than 6 feet above adjacent grade, ballwalls or yard walls less than 6 feet above adjacent grade; signs, scoreboards or solid-clad fences less than 8 feet above adjacent grade; bleachers and grandstands five rows of seats or less above grade; playground equipment; flagpoles less than 35 feet above grade; open-mesh fences and baseball backstops and temporary-use community college buildings as defined below. For work described in this paragraph that is not submitted to DSA for approval under the Act, the school board assumes responsibility for employing appropriately licensed architects or registered engineers to prepare the plans and specifications and for adequate inspection of the materials and work of construction to ensure compliance with the provisions of Parts 2, 3, 4, 5, 6, 9, 10, 11 and 12, Title 24, C.C.R., as adopted by the Building Standards Commission.

Buildings and other structures constructed by students that upon completion of construction will not be used for school purposes and will not be entered by pupils or teachers are not considered school buildings and shall not be checked under the provisions of the Act. These student-constructed buildings shall not remain at the school site more than 90 days following completion, unless the building meets all the requirements of Section 4-310.

“School Building” in a complex operated by the state for correctional or forestry purposes shall include only those structures used or designed to be used for elementary or secondary school instruction or community college instruction. Living units, dining areas, administration buildings or structures used for support services in such correctional or forestry complexes shall not be considered school buildings for purposes of Field Act requirements.

SCHOOL DISTRICT as used in these regulations shall mean a Kindergarten through 12th grade school district of any kind or character within the state, a community college district of any kind or character within the state, a county office of education, elementary or secondary school operated by the United States government, or any agency thereof, and any elementary or secondary school administered directly by the State Department of Education.

STRUCTURAL ENGINEER as used in these regulations shall mean a professional engineer holding a valid certificate to use the title structural engineer under the law regulating the practice of civil engineering comprising Chapter 7 of Division 3 of the Business and Professions Code, relating to professional engineers.

TEACHERS as used in these regulations shall mean persons who are performing a required activity or entering a building by virtue of being teachers employed by an elementary or secondary school district or a community college district.

TEMPORARY-USE BUILDING COMMUNITY COLLEGE is any community college building for which the intended use by the school district at the time of entering into a lease contract or agreement is not for more than three years from the date of first occupancy.

TEMPORARY-USE BUILDING K-12 is any temporary school buildings, other than those for community colleges, used or designed to be used for school purposes following disasters such as earthquakes, fires and floods, unanticipated emergency classroom needs or during modernization projects, for which repairs are in progress. The use of such buildings is limited to a maximum of three years.

WAIVER OF DURABILITY refers to a waiver, as may be requested by the school district, of certain durability requirements of Part 2, Title 24 for foundations of relocatable buildings.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17283, 17405, 81130, 81130.5 and 81529.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-314, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. Before awarding a contract or commencing with construction of a school building project, the school board shall submit an application to the Division of the State Architect and obtain written approval of the plans and specifications for any of the following:

    1. The construction of any new school building, or rehabilitation of or addition to any existing school building. School building is defined in Section 4-314.
    2. The reconstruction or alteration of an existing school building if the estimated cost exceeds $100,000. (See Sections 4-308 and 4-309.)
    3. The lease or purchase of any relocatable building except where occupied as a temporary-use community college building.

      Exception: The school board may award a contract and commence construction of a “relocatable building” for emergency housing in compliance with 4-302(b).

    4. The rehabilitation of a nonschool building to use as a “school building.” (See Sections 4-306 and 4-307.)

    It is not necessary to secure approval for maintenance work on school buildings, in accordance with Sections 4-308 and 4-309. See Section 4-314 for the definition of “maintenance.”

  2. Filing. A separate application shall be submitted to DSA for each school building or group of school buildings on each school site. The application shall be submitted on a form prescribed by DSA. The application shall contain a project name for the school building or group of buildings, the name of the architect or registered engineer in general responsible charge of the work, the names of the architects or registered engineers who have been delegated responsibility for portions of the work (see Section 4-316), the estimated cost of the project and all such other information as is requested thereon.
  3. Delayed filing. In case the plans and specifications for the reconstruction or alteration of any school building have not been submitted to DSA under the assumption that the cost will not exceed $25,000, the school board shall, if the bids which are received indicate that the cost will be in excess of $25,000, delay letting a contract until such time as the plans and specifications have been submitted and the approval by DSA obtained. The contract or contracts, when made, shall be based on the duly approved plans and specifications.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17297, 17302, 81133 and 81138.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-315, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General responsible charge. For every project there shall be an architect or structural engineer in general responsible charge of the preparation of the plans, specifications and observation of the work of construction.

    Exception: Where the plans, specifications or work of construction for alterations or repairs do not involve architectural or structural changes, the said plans, specifications and observation of the work of construction may be under the responsible charge of a professional engineer qualified to perform services and registered in that branch of engineering applicable to the work.

    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.

  2. Delegation of responsibility. The architect or structural engineer in general responsible charge may delegate responsibility for any portion of the preparation of the plans, specifications and observation of the work of construction, or may employ or retain, other architects or registered engineers. No delegation to, or employment or retention of others shall be construed as relieving the architect or structural engineer in general responsible charge of his or her rights, duties and responsibilities under Sections 17302 and 81138 of the Education Code and Sections 4-336, 4-341 and 4-344 of these regulations.

    Subject to the provisions of the immediately precedent sentence, the architect or structural engineer in general responsible charge may employ or retain, under his or her supervision, professional engineers registered in the applicable branches of engineering to design and observe the construction, including the making of verified reports (see Section 4-336).

  3. Assumption of responsibility. The architect or registered engineer who has been delegated responsibility becomes the “responsible design professional” for that delegated portion of the work. Any design professional delegated responsibility for any portion of the work shall perform the duties prescribed in Section 4-341(c). Any design professional delegated responsibility for any portion of the observation of construction shall perform the duties prescribed in Section 4-341(f).

    When an architect or registered engineer accepts the responsibility for completion of a project or portion of a project started by another, that architect or registered engineer thereby assumes responsibility as follows:

    1. If the change in responsibility occurs prior to the approval of the design documents, all responsibility shall be assumed. (See first paragraph of this subsection for procedure.)
    2. If the change in responsibility occurs after the design drawings and specifications have been approved by DSA, the assuming architect or registered engineer shall be responsible for the construction of the project in accordance with the design of the previous architect or engineer. The assuming architect or registered engineer shall assume responsibility for the interpretation of and any necessary amplification of the plans and specifications and shall stamp and sign any such documents prepared for that purpose.
  4. Acceptance of responsibility. The assumption of general responsible charge or of delegated responsibility shall be established by the following:

    1. Acceptance as architect or registered engineer in general responsible charge for the preparation of the plans, specifications, and observation of the work of construction shall be reported using the form(s) prescribed by DSA.
    2. Acceptance as the responsible design professional to whom portions of the preparation of the plans and specifications has been delegated shall be reported using form(s) prescribed by DSA.
    3. Acceptance as the responsible design professional to whom portions of the observation of work of construction has been delegated shall be reported using form(s) prescribed by DSA. Any change in the assumption of the general responsible charge or of delegated responsibility shall be reported using the form(s) prescribed by DSA. If no form is available for a specific delegation or change, the delegation of responsibility shall be reported in letter form, which shall include an indication that the school board has been notified.
  5. Alternates. The applicant, or the architect or registered engineer having general or delegated responsibility, may name one or more persons to act as alternate(s) for the design and/or observation of the work of construction, provided such persons are architects or registered engineers who themselves are qualified under these rules and regulations to assume the responsibility assigned.

    Alternates shall be named on a form prescribed by DSA, or if no form is available, reported in letter form. Letters or forms shall be submitted to DSA prior to performance of work by the alternate and shall include an indication that the school board has been notified.

    Authority: Education Code Sections 17310 and 81142.

    Reference: Education Code Sections 17302 and 81138.

    HISTORY:

    1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-316, Part l, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. When an application for approval of plans and specifications is filed, it shall be accompanied by three complete sets of the plans and specifications, a copy of the structural design calculations, the site data and a fee payment calculated on the estimated cost. The three complete sets of plans and specifications include the set required by Section 5-103 of Title 24, Part 1, California Code of Regulations. (See Section 4-320.)

    Exception: DSA may require than an application for projects using the collaborative process for project review per Education Code Section 17319 or 81133.1 be accompanied by the filing fees per Sections 4-320 and 5-104. The deadline for submittal of completed plans, specifications and supporting documentation shall be determined by DSA in consultation with the applicant, and shall not exceed 18 months from the application date. Failure to comply with the established deadline may result in voidance of the application.

    Plans and specifications which when submitted are determined, through initial plan check, by DSA to be incomplete or incorrect, shall be returned to the architect or engineer in general responsible charge with a request for compliance with these regulations before etailed plan checking commences.

  2. Plans. Plans shall designate the use or occupancy of all parts of the school buildings and shall give such other information as may be required to indicate the nature of the work proposed and to show compliance with the act and these regulations. The plans shall be legible and sufficiently detailed and cross-referenced to show clearly the pertinent features of the construction, and shall have sufficient dimensions to be readily interpreted. Where a project includes several school buildings, the plans for each shall be drawn independently except that details common to all need not be repeated.

    The architect or engineer in general responsible charge or the professional engineer delegated responsibility for the design of the structural system of the project shall design and detail the anchorage and bracing of nonstructural elements. The details for the bracing and anchorage of nonstructural elements shall be shown and cross-referenced on the drawings.

  3. Specifications. Specifications shall completely set forth the requirements for the various types of materials that will enter into permanent construction and shall describe the methods not covered in the technical regulations which are to be used to obtain the required quality of the work shown on the plans as described in the specifications.

    Due to the difficulty of anticipating every unsatisfactory condition that might be found in existing construction where addition, alteration, rehabilitation or reconstruction work is proposed, the following clause or one of similar meaning shall be included in the specifications:

    “Should any existing conditions such as deterioration or noncomplying construction be discovered which is not covered by the DSA approved documents wherein the finished work will not comply with Title 24, California Code of Regulations, a construction change document, or a separate set of plans and specifications, detailing and specifying the required repair work shall be submitted to and approved by DSA before proceeding with the repair work.”

  4. Design calculations. Calculations, stress diagrams and other pertinent data shall accompany the plans and specifications and shall be sufficiently complete so that capacities for individual structural members and their connections can be verified without additional calculations. All assumptions used in the calculations and their bases shall be stated. The calculations shall be prefaced by a statement clearly and concisely outlining the basis for the structural design and indicating the manner in which the proposed school building will resist vertical loads and horizontal forces.

    The calculations shall be sufficiently complete to establish that the structure will resist the loads and forces prescribed in Part 2, Title 24, C.C.R. Assumed safe bearing pressures on soils and specified strengths of concrete shall be given in calculations and noted on plans. Where unusual conditions occur, such additional data as are pertinent to the work shall be submitted.

  5. Site data. Site data for all school sites shall include a geotechnical engineering report including subsurface site work, laboratory testing, an evaluation of site soil conditions, a recommendation for the type of foundations to be used and an allowable design value for the soil-bearing capacity.

    A geologic and earthquake hazard report shall be submitted with the application for all new school sites, and for all construction on existing school sites located in a Seismic Hazard Zone, an Alquist-Priolo Earthquake Fault Zone, or in a seismic hazard zone designated in the Safety Element of a Local General Plan. DSA may require a geologic and earthquake hazard study for any construction on a school site outside of the boundaries of any geologic hazard zone where a potential geologic hazard has been previously identified.

    Reports shall be prepared, and signed by a California-certified engineering geologist and a California-registered geotechnical engineer. Geologic hazard reports shall include an evaluation of the potential for damage due to flooding.

    No school building shall be constructed, rehabilitated, reconstructed or relocated within 50 feet of the trace of an active fault, which has experienced surface displacement within Holocene time (approximately 11,000 years).

  6. Estimates of cost. Estimates of cost shall be based on the cost prevailing at the time the plans and specifications are submitted to DSA. The estimated cost of a project shall be increased as necessary to include the estimated cost of every alternate building or portion thereof shown on the plans or specifications as if each alternate building and portion were to be constructed separately and simultaneously.

    For projects using the collaborative process for project review per Education Code Section 17319 or 81133.1, the estimated cost of the project shall be based on the cost prevailing at the time that the application is submitted. Upon submittal of complete plans and specifications, DSA may require the applicant to revise the estimated cost based on prevailing costs at that time. If the estimated cost has increased, the applicant shall submit additional filing fees based on the revised estimated cost.

    When a contract amount, or the cumulative total of two or more contract amounts, exceeds the estimated cost by more than 30 percent, the estimated cost may be revised. An additional fee, if required, based on the revised estimated cost of the revision shall be paid before proceeding with the work. When the actual cost of constructing all the work shown on the approved plans is less than 70 percent of the estimated cost, a refund of overpaid fees may be claimed. (See Section 4-322 for actual cost and Section 4-325 for billing for further fees.)

  7. Deferred submittals. Only where a portion of the construction cannot be adequately detailed on the approved plans because of variations in product design and/or manufacturer, the approval of plans for such portion, when specifically accepted by DSA, may be deferred until the material suppliers are selected, provided the following conditions are met:

    1. The project plans clearly indicate that DSA approval of the deferred submittal is required for the indicated portions of the work prior to fabrication and installation.
    2. The project plans and specifications adequately describe the performance and loading criteria for such work.
    3. A California licensed architect or California registered engineer stamps and signs the plans and specifications for the deferred submittal item. The architect or engineer in general responsible charge of the design of the project shall submit the plans and specifications for the deferred submittal item to DSA, with notation indicating that the deferred submittal documents have been found to be in general conformance with the design of the building.
    4. Fabrication of deferred submittal items shall not begin without first obtaining the approval of deferred portions of the plans and specifications by DSA.
  8. Signatures required. The original signature sheet for the specifications and all plans, submitted for approval shall bear the stamp and signature of the architect or professional engineer in general responsible charge of the design of the project.

    When responsibility for a portion of the work has been delegated, the plans and the original cover sheet for the specifications covering that portion of the design shall bear the signature and stamp of the responsible professional engineer or architect to whom the work has been delegated as well as that of the architect or engineer in general responsible charge. As an option, the architect or engineer in general responsible charge may sign the documents with notation indicating that the documents have been coordinated with the design documents and found to be in general conformance with the design.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17299, 17212, 17212.5, 17319, 81133.1, 81135 and 81033.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-317, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. After DSA has completed its check of the documents submitted with the application, the checked prints of the plans and specifications, with the items marked for corrections and/or requests for additional information noted thereon, shall be returned to the architect or registered engineer in general responsible charge. When plans and/or specifications require extensive corrections, a corrected set of prints of the plans and specifications shall be submitted for review if requested by DSA.

    When the requested corrections have been made and/or the additional information has been provided by the architect or registered engineer in general responsible charge, an employee representative shall return the check set of plans and specifications along with the original plan tracings, the corrected specification pages and specification master cover sheet to DSA for backchecking. The backcheck is a comparison of the corrected plans and specifications with the check set of plans and specifications and shall be accomplished by either a conference between a knowledgeable employee representative or the architect or registered engineer in general responsible charge and the checking engineer, or by mail in the case of minor corrections to which all parties have agreed.

    Changes in plans and specifications, other than changes necessary for correction, made after submission for approval, shall be brought to the attention of DSA in writing or by submission of revised plans identifying those changes clearly at the time of back-checking. Failure to give such notice may result in the voidance of any subsequent approval given to the plans and specifications.

    All requested corrections shall be made, additional requested information furnished or original design justified prior to or at the time of the backcheck. When DSA deems that the corrected plans and specifications comply with these regulations and those parts of Title 24, CCR, that pertain to public school construction, DSA shall place its stamp on the reproducible sheets of drawings and master cover sheet of the specifications. The stamped drawings and specifications will be temporarily retained by DSA so that a record set can be created. DSA may direct the school district to create portions of the record set, and DSA may charge a fee to the school district to recover the costs of creating the record set.

  2. Approval of application. DSA shall issue to the school district written approval of the application for the project within five working days of stamping the approved plans and specifications. This written approval shall constitute the “written approval of the plans, as to safety of design and construction” required by Sections 17297 and 81134, Education Code, before letting a contract for any construction. (See Section 4-330 for construction time limitations.)
  3. Voidance of application. Any change, erasure, alteration or modification of any plans or specification bearing the stamp of DSA may result in voidance of the approval of the application. However, the “written approval of plans” may be extended by DSA to include revised plans and specifications after documents are submitted for review and approved. (See Section 4-323 for revised plans and Section 4-338 for addenda and construction changes.)

    The procedures leading to written approval of plans shall be carried to conclusion without suspension or unnecessary delay. At the discretion of DSA, the entire application may be voided where either (1) prints from corrected plans or corrected original plans are not filed for backcheck within 6 months after the date of return of checked plans to the architect or engineer, or (2) at the discretion of DSA, any remaining unapproved increment(s) of the application may be voided when more than six months have elapsed since the last approval of an increment has been issued, and subsequent incremental plans and specifications have not been received by DSA for checking.

    For voided applications, upon request by the school district, 30 percent of the total structural portion of the fee will be refunded; however, no refund will be allowed for projects upon which only the minimum fee has been paid, or upon which only an increment was voided.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17297, 17307, 81133 and 81134.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-318, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

If a request is made by the school board for the cancellation or withdrawal of the application and return of the plans and specifications, together with the paid fee, it will be granted only when the check of plans and specifications has not actually started. If the checking of plans and specifications has started, 30 percent of the total structural fee will be refunded or applied to a new application for the same project.

No refund will be allowed for projects upon which only the minimum fee has been paid. No refund will be allowed after a contract has been let for any portion of the work except as provided by Section 4-317(f).

For projects using the collaborative process for project review per Education Code Section 17319 or 81133.1, if the project is voided by DSA or a request by the applicant is made to withdraw the application prior to submittal of completed plans and specifications, filing fees minus costs incurred by DSA will be refunded.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17300, 81133 and 81136.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-319, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The fees required by Sections 17300 and 81136 of the Education Code shall be in accordance with Section 4-321. The fee schedule in effect at the time of filing shall apply throughout the duration of such application. A list of prior fee schedules is available upon request from DSA. The words “filing fee” mean the fee which shall accompany the application, or as corrected pursuant to Section 4-317(f), and the words “further fee” mean the fee which shall be paid to DSA if the actual cost exceeds the estimated cost by more than 5 percent. The application is considered to be received when it, accompanied by the plans and specifications, structural design computations, other required documents and filing fee, has been received by DSA, and the application number assigned.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17300 and 81133.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-320, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The filing fee for projects shall be a maximum of 1.25 percent of the first $1,000,000 of estimated cost and a maximum of 1.0 percent on the excess of the estimated cost over $1,000,000, except that the minimum fee in any case shall be $250.00. The maximum percentages may be subject to adjustment through enforcement agency policy in accordance with the Education Code.

If the actual cost exceeds the estimated cost by more than 5 percent, the further fee for such projects shall be equal to the difference between the filing fee paid and the amount computed under Fee Schedule 11 on the actual cost, the actual cost being determined according to Section 4-322.

Authority: Education Code Sections 17300, 17301, 17310, 81133 and 81142.

Reference: Education Code Sections 17280, 17300, 81130, 81133 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-321.1, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  2. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-321.2, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

For purposes of determining fees, both the estimated and actual costs of the project shall be the total outlay for all work included in the approved plans and specifications (exclusive of fees paid, but not recovered, for architectural, engineering, inspection and testing services) regardless of whether the funds are provided by the school district, by other public or private agencies or by individuals. The cost shall include any moving or relocation. In the event a building is converted to school use (see Section 4-306) the cost shall include the current replacement cost of the building. The current replacement cost shall be computed by multiplying an appropriate square foot cost by the total square foot area of the building being converted to school use. If work is done in portions the actual cost shall be determined at the completion of each contract. (See Section 4-325.)

The estimated cost and the fee based thereon shall not be amended after plan check has started except as provided by Section 4-317(f) or for permissible increase in scope of project. The scope of a project shall not be amended after bids for all or part of the project are opened. No portion of the fee can be returned after checking has been started except as provided by Sections 4-317(f) and 4-319.

Actual cost shall include all items which are normally considered to be contractor’s operation costs such as district-furnished labor and materials, bond, insurance and use of district facilities, and shall not be reduced by charge-backs such as those for testing, inspection or overrun of contract time. All fees and/or reimbursable charges paid to construction managers for performance of construction work shall be included in the actual cost of construction. When the contract for the work includes items not otherwise subject to the approval of DSA and not included in the approved plans and specifications the actual cost shall include this work unless such costs are segregated by separate bid items or by separately priced items of change orders, or by a certified copy of a subcontractor’s bid. Such segregation shall not be made by contract price breakdown or estimates. An hourly fee may be charged to the school district for the review of bid alternates.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17300 and 81133.

HISTORY:

  1. Editorial correction of printing error (Register 83, No. 45).
  2. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-322, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

Revisions are changes to the DSA approved plans or specifications made after DSA approval. Revisions shall be submitted to and approved by DSA.

An hourly fee may be charged to the school district for the review of revisions to approved plans and specifications in accordance with the published rates and collection procedures established by DSA.

If determined by the enforcement agency that the original plans which add buildings to the project scope are abandoned and the plans and specifications submitted in lieu thereof are for a new project rather than for an identical building, or a modified set of plans is for an essentially different structural concept, then it is necessary that a new application be filed and fee paid. This is regardless of the fact that the school building may have the same name, be of the same general size, and be situated at the same location as the school building for which the original application was made.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17300 and 81133.

  1. Filing fee to accompany application.

    Filing Fee under Schedule 11
    Estimated Cost $8,000
    1.25% × $8,000=$100.00
    Filing Fee is the minimum charge$250.00
    Filing Fee under Schedule 11
    Estimated Cost: $925,000.00
    1.25% × $925,000=$11,562.50
    Filing Fee under Schedule 11
    Estimated Cost: $1,260,000.00
    1.25% × $1,000,000=$12,500.00
    1.0% × $260,0002,600.00
    $15,100.00
    Corrected Estimate under Schedule 11
    Estimated Cost on Application: $925,000.00
    1.25% × $925,000=$11,562.00
    1st Contract700,000.00
    2nd Contract525,000.00
    $1,225,000.00
    (Exceeds $925,000 by more than 30%)
    Corrected Estimated Cost: $1,225,000.00*
    1.25% × $1,000,000=$12,500.00
    1.0% × 225,000=2,250.00
    $14,750.00
    Fee previously paid$11,562.00
    Corrected filing fee due$3,188.00
  2. Further fees where the actual cost exceeds the estimated or corrected estimated cost by more than 5 percent.

    Further Fee under Schedule 11
    Corrected Estimated Cost: $1,225,000*
    Actual Cost $1,352,740.50
    1.25% × $1,000,000.00=$12,500.00
    1.0% × 352,740.50=3,527.41
    $16,027.41
    Filing Fee Paid
    1.25% × $1,000,000=$12,500.00
    1.0% × 225,000=2,250.00
    $14,750.00
    Further Fee=$ 1.277.41

    *The corrected estimated cost could be more than the sum of contracts if all work called for on plans is not yet under contract.

Authority: Education Code Sections 17300, 17301, 17310, 81133 and 81142.

Reference: Education Code Sections 17300, 17301 and 81133.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-324, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The school district shall be billed for further fees upon completion of the project or portion thereof if fee is due. Claims for refunds due to errors in cost reporting or fee computation shall be made within six months from date of billing.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17300 and 81133.

A retainer fee of $2,000.00 shall be required with submittal of the pre-application for a rehabilitation project in accordance with Section 4-307(c). Fees incurred in excess of the retainer fee for DSA review of the Evaluation and Design Criteria Report shall be based on the established hourly billing rate of the Department. Prior to approval of the Evaluation and Design Criteria Report, any additional fees incurred by DSA shall be fully paid. Any unused portion of the retainer fees shall be returned to the school district.

Authority: Education Code Section 17310.

Reference: Education Code Section 17280.5.

HISTORY:

  1. (DSA/SS (EF 02/03) Emergency adoption/approval of administrative and procedural requirements for the adaptive reuse of existing buildings for public school use; CCR Title 24, Part 1. Approved as emergency by the California Building Standards Commission on May 14, 2003, and filed with the Secretary of State on May 15, 2003. Effective May 15, 2003.

An hourly fee may be charged to the school district for the review of draft drawings and specifications or consultations with DSA during project development, as requested by the school district and in accordance with the published rates and collection procedures established by DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17319 and 81133.1.

A fee may be charged to the school district for the review and processing of all required documents submitted for the issuance of certification in accordance with the published rates and collection procedures established by DSA.

Authority: Education Code Sections 17310, 17315, 81142 and 81147.

Reference: Education Code Sections 17315(c) and 81147(c).

Construction work, whether for a new school building, reconstruction, rehabilitation, alteration or addition, shall not be commenced, and no contract shall be let until the school board has applied for and obtained from DSA written approval of plans and specifications. Construction shall be commenced within one year after the approval of the application, otherwise the approval may be voided. DSA may require that the plans and specifications be revised to meet its current regulations before an extension of approval is granted.

Renewals may be granted in annual increments. Renewal shall not extend beyond a period of four years from the initial date of the application approval.

A written request for extension of approval must be made by the school board to DSA.

The school board may complete all work or proceed with the construction of any part of the work included in the approved plans and specifications with the intent of completing the work later. All work done and materials used and installed must be in accordance with and in conformity to the approved plans and specifications.

An uncompleted building shall not be considered as having been constructed under the provisions of Article 3 or 7 commencing with Sections 17280 and 81130 of the Education Code, respectively. Section 17372 of the Education Code restricts the use of such a building.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17297, 17307, 17372 and 81130.

The architect or registered engineer responsible for the project or the school district shall promptly notify DSA of the start of construction using forms and procedures specified by DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17295, 81130 and 81133.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-331, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. When construction is suspended for more than one month, the project inspector shall notify DSA [see Section 4-336(c)3].
  2. If all construction is suspended or abandoned for any reason for a continuous period of one year following its commencement, the approval of DSA shall become void. DSA may reinstate the approval on the request of the school board.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17310 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-332, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. Observation by architect or registered engineer. The Act requires that the observation of the work of construction, reconstruction, rehabilitation, alteration or addition shall be under the general responsible charge of an architect, structural engineer, or under certain conditions a professional engineer registered in that branch of engineering applicable to the work. (See Section 4-316.)

    The responsible geotechnical engineer, or his or her qualified representative, shall perform all testing and special inspection of all earth materials, the placement and compaction of engineered fills, and the geotechnical aspects of foundations, retaining walls and foundation anchors. The responsible geotechnical engineer shall submit verified reports in accordance with Section 4-336 and Title 24, Part 2, Section 1704A.7.1.

  2. Inspection by a project inspector. The school board must provide for and require competent, adequate and continuous inspection by an inspector satisfactory to the architect or registered engineer in general responsible charge of observation of the work of construction; to any registered structural engineer delegated responsibility for a portion of the work; and to DSA.

    1. The cost of project inspection shall be paid for by the school board. An inspector shall not have any current employment relationship with any entity which is a contracting party for the construction or any entity providing any services for the school district except for services directly related to project inspection.
    2. Project inspectors are prohibited from any activities involving the actual performance of construction, or the scheduling, coordination or supervision of construction contractors for the project.
    3. For every project there shall be a project inspector who shall have personal knowledge as defined in Sections 17309 and 81141 of the Education Code of all work done on the project or its parts as defined in Section 4-316. No work shall be carried on except under the inspection of an inspector approved by DSA. On large projects adequate inspection may require the employment of one or more approved assistant inspectors in accordance with Section 4-333(d). The employment of special inspectors or assistant inspectors shall not be construed as relieving the project inspector of his or her duties and responsibilities under Sections 17309 and 81141 of the Education Code and Sections 4-336 and 4-342 of these regulations.
    4. The project inspector shall be capable of performing all essential functions of the job.
    5. The project inspector and any assistant inspector must be approved by DSA for each individual project. Prior to being eligible for approval, any project inspector or any assistant inspector shall establish, to the satisfaction of DSA that he or she:

      1. is appropriately certified by DSA, per Section 4-333.1; and
      2. has adequate knowledge and experience to perform the required duties for the project. He or she shall have at least three years experience in inspection or construction work on building projects of a type similar to the project. For newly certified inspectors without prior DSA project inspection experience, attendance of DSA-specified training is required; and
      3. will provide sufficient time on the project to fulfill all inspection responsibilities required by these regulations.
    6. An approved project inspector may be replaced in accordance with the process outlined in Section 4-341(d). The school district shall ensure that a replacement inspector is provided prior to continuation of construction work. DSA may withhold approval of the replacement inspector until a verified report by the previous project inspector is submitted in accordance with Section 4-336(c)5.
    7. DSA may withdraw the inspector’s approval for the project due to failure of project inspector to comply with the requirements contained in Section 4-342(b). DSA shall communicate the withdrawal of the project inspector’s approval in writing to the school district and the architect or registered engineer in general responsible charge. The school district shall ensure that a replacement inspector is provided prior to continuation of construction work.
    8. The project inspector may perform special inspections if the project inspector has been specially approved by DSA for such purpose and has the time available to complete the special inspections in addition to project inspection work.
    9. The detailed inspection of all work, as specified in Section 4-335(f), is the responsibility of the project inspector when a special inspector is not provided.
  3. Special inspection. Special inspection by qualified inspectors shall be in accordance with Title 24, Part 2, Chapter 17A.

    DSA may require special inspectors for types of construction in addition to those listed in Chapter 17A, Title 24, Part 2 if found necessary because of the special use of materials or methods of construction.

  4. Assistant inspectors. Assistant inspectors are approved by DSA to assist the project inspector with the inspection of one or more aspects of the construction. Assistant inspectors must work under the supervision of a Class 1 or 2 certified project inspector.

    1. On large projects DSA may require the employment of assistant inspectors when the project inspector is not able to provide continuous inspection of all aspects of the construction in a timely manner. When assistant inspectors are required by DSA the project inspector shall remain on-site providing supervision of all assistants during all construction.
    2. All assistant inspectors must be approved by DSA prior to performing any inspection work in accordance with Section 4-341(d). Prior to being approved by DSA as an assistant inspector the individual must satisfy all of the following requirements:

      1. Be certified as a Class 1, Class 2, Class 3 or Class 4 inspector in accordance with Section 4-333.1.
      2. Must possess adequate experience for the type of construction that the assistant will be assigned to inspect.
      3. Document at least three years of experience in the types of construction that the assistant will inspect. Experience must be obtained in construction or inspection of buildings similar to the buildings for which the individual is applying.
    3. The assistant inspector shall establish, to the satisfaction of DSA that he or she meets all of the requirements established in Section 4-333(b)5.
    4. Failure of the assistant inspector to perform any of the duties specified in these regulations may be cause for DSA to take action as outlined in Section 4-342(c).

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17309, 17311, 81130, 81138, 81141 and 81143.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-333, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  2. (DSA/SS 2/95) Regular order by the Division of the State Architect/Structural Safety Section to amend Section 4-333. 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.

To become a DSA certified project inspector, an applicant must qualify for and successfully complete a written examination administered by DSA. The examination measures the applicant's ability to read and comprehend construction documents associated with performing inspections as well as the construction, inspection and testing requirements of the California Building Standards Code. Examinations are given in three classes.

  1. A Class 1 certified inspector may be approved to inspect any project.
  2. A Class 2 certified inspector may be approved to inspect any project, except a project containing one or more new structures or additions with a primary lateral force resisting system of steel, masonry or concrete.
  3. A Class 3 certified inspector may be approved to inspect projects containing alterations to approved buildings, site placement of relocatable buildings and construction of minor structures.
  4. Though an examination is no longer offered for Class 4, a Class 4 certified inspector may be approved to inspect projects containing site placement of relocatable buildings and associated site work.

To qualify for an examination, an applicant shall possess a high school diploma or equivalent, and shall meet the following minimum qualifications for the classification. Alternative qualifications consistent with those noted herein may be considered by DSA. Possession of a valid California registration as a civil or structural engineer or a valid California license as an architect, and one year qualifying experience in construction observation of buildings or structures as a civil or structural engineer or architect will qualify for any classification.

  1. For Class 1 inspector exam, one of the following:

    1. Four years of experience as a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection, with a valid certification as a commercial combination building inspector by a state- or nationally-recognized organization, as accepted by DSA, on:

      1. new building public school construction projects subject to the requirements of Education Code Section 17280 or 81130 consistent with the DSA Class 1 or 2 project classification and these regulations; and/or,
      2. construction of new hospital buildings as defined by Health and Safety Code Section 129725; or,
      3. building projects of Type I or II construction.

      Exception: Possession of a valid California registration as a mechanical or electrical engineer responsible for the design and/or construction of respective building systems may be substituted for two years of required experience. Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience.

    2. Four years of qualifying experience as the lead project construction superintendent on:

      1. new building public school construction projects subject to the requirements of Education Code Section 17280 or 81130 consistent with the DSA Class 1 or 2 project classification and these regulations; and/or,
      2. construction of new hospital buildings as defined by Health and Safety Code Section 129725; or,
      3. building projects of Type I or II construction.

      Exception: Possession of a valid California registration as a mechanical or electrical engineer responsible for the design and/or construction of respective building systems may be substituted for two years of required experience. Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience.

    3. Two years of qualifying experience as a DSA certified Class 2 project inspector.
    4. Possession of certification as a DSA Class 2 project inspector with one year minimum qualifying experience as a DSA Class 2 project inspector and any combination of three years of qualifying experience on projects consistent with the DSA Class 1 or 2 project classification as:

      1. an assistant project inspector; or
      2. a special inspector (inspecting steel, concrete or masonry construction with a valid certification from a state or nationally-recognized organization, as accepted by DSA). (Note: special inspector experience may be substituted on a month-for-month basis up to a maximum of one year); or
      3. a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection (with a valid certification as a commercial combination building inspector by a state or nationallyrecognized organization, as accepted by DSA); or
      4. a lead project construction superintendent or construction experience as a journeyman or equivalent limited to working in the carpentry, steel, concrete or masonry trades. (Note: journeyman or equivalent experience may be substituted on a month-for-month basis up to a maximum of one year.)
    5. Possession of certification as a DSA Class 3 project inspector with three years minimum qualifying experience as a DSA Class 3 project inspector and any combination of three years of qualifying experience on projects consistent with the DSA Class 1 or 2 project classification as:

      1. an assistant project inspector; or
      2. a special inspector (inspecting steel, concrete or masonry construction with a valid certification from a state or nationally-recognized organization, as accepted by DSA). (Note: special inspector experience may be substituted on a month-for-month basis up to a maximum of one year); or
      3. a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection (with a valid certification as a commercial combination building inspector by a state or nationallyrecognized organization, as accepted by DSA); or
      4. a lead project construction superintendent or construction experience as a journeyman or equivalent limited to working in the carpentry, steel, concrete or masonry trades. (Note: journeyman or equivalent experience may be substituted on a month-for-month basis up to a maximum of one year.)
    6. Possession of certification as a DSA Class 3 project inspector with one year minimum qualifying experience as a DSA Class 3 project inspector and ten years of relevant construction experience, including four years as a journeyman or equivalent experience level, limited to working in the carpentry, steel, concrete or masonry trades on construction projects consistent with the DSA Class 1 or 2 project classification.

      Exception: Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for the required journeyman or equivalent experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for two years of required journeyman or equivalent experience. Completed coursework in architecture, engineering, building inspection and/or construction may be substituted on a month-for-month basis up to a maximum of one year of required journeyman or equivalent experience.

  2. For Class 2 inspector exam, one of the following:

    Exception: DSA may allow an applicant lacking years of experience, up to a maximum of one year, in the minimum qualifications options below to sit for the Class 2 examination. However, upon successful completion of the exam, the applicant shall not be granted certification until all requirements for one of the minimum qualifications options are completely satisfied. The applicant must obtain their last year of required experience within three calendar years of the administration date of the examination passed.

    1. Three years of experience as a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection, with a valid certification as a commercial combination building inspector by a state or nationally-recognized organization, as accepted by DSA, or five years of experience in the same role with a valid certification as a commercial building inspector or residential combination building inspector by a state or nationallyrecognized organization, as accepted by DSA on:

      1. new building public school construction projects subject to the requirements of Education Code Sections 17280 or 81130 consistent with the DSA Class 1 or 2 project classification and these regulations; and/or
      2. construction of new hospital buildings as defined by Section 129725 of the Health and Safety Code; or
      3. building projects of Type I, II, III or IV construction.

      Exception: Possession of a valid California registration as a mechanical or electrical engineer responsible for the design and/or construction of respective building systems, may be substituted for two years of required experience. Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience.

    2. Three years of qualifying experience as the lead project construction superintendent on:

      1. new building public school construction projects subject to the requirements of Education Code Sections 17280 or 81130, and these regulations; and/or
      2. construction of new hospital buildings as defined by Section 129725 of the Health and Safety Code; or
      3. building projects of Type I, II, III, or IV construction; or
      4. building construction consistent with the DSA Class 1 or 2 project classification.

      Exception: Possession of a valid California registration as a mechanical or electrical engineer responsible for the design and/or construction of respective building systems may be substituted for two years of required experience. Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience.

    3. Two years of qualifying experience as a DSA certified Class 3 project inspector.
    4. Possession of certification as a DSA Class 3 project inspector with one year minimum qualifying experience as a DSA Class 3 project inspector and any combination of two years of qualifying experience on projects consistent with the DSA Class 1 or 2 project classification as:

      1. an assistant project inspector; or
      2. a special inspector (inspecting steel, concrete or masonry construction with a valid certification from a state or nationally-recognized organization, as accepted by DSA). (Note: special inspector experience may be substituted on a month-for-month basis up to a maximum of one year); or
      3. a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building codeenforcement inspection (with a valid certification as a commercial building inspector or residential combination inspector by a state or nationally-recognized organization, as accepted by DSA); or
      4. a lead project construction superintendent or construction experience as a journeyman or equivalent limited to working in the carpentry, steel, concrete or masonry trades. (Note: journeyman or equivalent experience may be substituted on a month-for-month basis up to a maximum of one year.)
    5. Eight years of relevant construction experience, including three years as a journeyman or equivalent, limited to working in carpentry, steel, concrete or masonry trades on construction projects consistent with the DSA Class 1 or 2 project classification.

      Exception: Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for the required journeyman or equivalent experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for two years of required journeyman or equivalent experience. Completed coursework in architecture, engineering, building inspection and/or construction may be substituted on a month-for-month basis up to a maximum of one year of required journeyman or equivalent experience.

    6. Possession of at least two valid special inspector certifications in steel, concrete, or masonry and eight years of special inspector experience (inspecting steel, concrete or masonry construction). No more than three years of a single type (related to steel, concrete, or masonry) of special inspection experience can be used.
  3. For the Class 3 inspector exam, one of the following:

    Exceptions:

    1. DSA may allow an applicant lacking years of experience, up to a maximum of one year, in the minimum qualifications options below to sit for the Class 3 examination. However, upon successful completion of the exam, the applicant shall not be granted certification until all requirements for one of the minimum qualifications options are completely satisfied. The applicant must obtain their last year of required experience within three calendar years of the administration date of the examination passed.
    2. Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may sit for the Class 3 examination. However, upon successful completion of the exam, the applicant shall not be granted certification until all requirements for one of the minimum qualifications options are completely satisfied. The applicant must obtain their last year of required experience within three calendar years of the administration date of the examination passed.
    1. Two years of experience as an architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection of building construction or construction consistent with the DSA Class 1, 2 or 3 project classification with a valid certification as a residential combination or commercial building inspector by a state- or nationally-recognized organization, as accepted by DSA.

      Exception: Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience.

    2. Possession of a valid California registration as a mechanical or electrical engineer and one year qualifying experience in construction observation of building systems.
    3. Two years of qualifying experience as the lead project construction superintendent working on building projects or projects consistent with the DSA Class 1, 2 or 3 project classification.

      Exception: Possession of a baccalaureate or higher in architecture, engineering, building inspection and/or construction may be substituted for one year of required experience. Possession of an associate’s degree in architecture, engineering, building inspection and/or construction may be substituted for six months of required experience. Experience may be substituted with completed college coursework in architecture, engineering, building inspection and/or construction on a month-for-month basis for a maximum of six months.

    4. Two years of qualifying experience as a DSA certified Class 4 project inspector.
    5. Possession of certification as a DSA Class 4 project inspector with one year minimum qualifying experience as a DSA Class 4 project inspector and any combination of one year of qualifying experience on building projects or projects consistent with the DSA Class 1, 2 or 3 project classification as:

      1. an assistant project inspector; or
      2. a special inspector (inspecting steel, concrete or masonry construction with a valid certification from a state or nationally-recognized organization, as accepted by DSA); or
      3. a nonlicensed or nonregistered architect’s, engineer’s, owner’s, or local building official’s representative in building code-enforcement inspection (with a valid certification as a commercial building inspector or residential combination inspector by a state or nationallyrecognized organization, as accepted by DSA); or
      4. a journeyman or equivalent limited to working in the carpentry, steel, concrete or masonry trades.

        Exception: Possession of a baccalaureate or higher, associate’s degree, or completed college coursework in architecture, engineering, building inspection and/or construction may be substituted as part of the combined (i.e., non-Class 4) experience on a month-for-month basis up to a maximum of one year.

    6. Six years of relevant construction experience, including two years as a journeyman or equivalent experience level, limited to working in the carpentry, steel, concrete or masonry trades on building construction projects consistent with the DSA Class 1, 2 or 3 project classification.

      Exception: Two years of journeyman or equivalent experience may be substituted with possession of a baccalaureate or higher. One year of journeyman or equivalent experience may be substituted with possession of an associate’s degree. Journeyman or equivalent experience may be substituted with or completed college coursework in architecture, engineering, building inspection and/or construction on a month-for-month basis for up to a maximum of six months.

    7. Possession of at least two valid special inspector certifications in steel, concrete, or masonry and four years of special inspector experience (inspecting steel, concrete or masonry construction). No more than two years of a single type (related to steel, concrete, or masonry) of special inspection experience can be used.

An applicant for the certification examination or an inspector possessing a valid certificate issued by DSA, shall file changes of name, mailing address, email address or telephone number with the DSA headquarters office within 10 working days of that change. The information filed shall include the new and former name, mailing address, email address or telephone number.

Certification will be valid for a period of four years unless revoked in accordance with Section 4-342(d) or upgraded by achieving certification in a different class. Certification may be renewed by passing a recertification examination and attending DSA training classes which may include applicable continuing education courses acceptable to DSA that are presented by other entities acceptable to DSA.

DSA may charge an examination fee and training fee to recover reasonable costs.

An applicant for either the certification or recertification examination shall conduct his or her self during the examination in an ethical manner, with honesty and consideration for other examinees, shall not reveal examination contents with anyone during or after the examination, shall not falsify documents required for examination entrance, and shall comply with published rules of the examination. Noncompliance may result in immediate expulsion from the examination without passage of any or all parts, forfeiture of fees, required payment of fines and other costs incurred by DSA in addressing the noncompliance, and nonentry to future certification or recertification examinations. Noncompliance by certified inspectors attempting to elevate their inspector classification may be cause for DSA to take disciplinary action in accordance with Section 4-342(d).

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17311 and 81143.

During construction, reconstruction, rehabilitation, repair, alteration of, or addition to any school building, DSA, as provided by the Act, shall make such site visits as in its judgment are necessary for proper enforcement of the Act and the protection of the safety of the pupils, the teachers and the public. If at any time as the work progresses, prior to the issuance of the certification of compliance it is found that modifications or changes are necessary to secure safety or to comply with code requirements, DSA shall notify the architect or registered engineer in general responsible charge, the contractor, and school district, of the necessity for such modifications or changes.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17311 and 81143.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-334, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. Whenever DSA finds any construction work being performed in a manner contrary to the provisions of this code and that would compromise the structural integrity of the building, the Department of General Services, State of California, is authorized to issue a stop work order.
  2. The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner’s agent, or the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
  3. Any person who continues working on the cited work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17307.5 and 81133.5.

  1. General. Structural tests and special inspections are required as set forth in these regulations and Part 2 of Title 24, C.C.R.

    Whenever there is insufficient evidence of compliance with any of the provisions of Title 24, C.C.R., or evidence that any material or construction does not conform to the requirements of Title 24, C.C.R., DSA may require tests/inspections as proof of compliance to be made at no expense to DSA.

    Test/inspection methods shall be as specified by Title 24, C.C.R. and by applicable referenced standards, as listed in Chapter 35 of Part 2 of Title 24, C.C.R. If there are no recognized and accepted test/inspection methods, the responsible architect or structural engineer shall submit written alternate test/inspection procedures for review and acceptance by DSA.

    The school board shall, with the advice of the architect or registered engineer in general responsible charge, select the laboratory of record, acceptable to DSA in accordance with Section 4-335.1, to conduct all required tests for the project, and special inspections which are contracted to the laboratory of record. The laboratory of record shall be directly employed by the school board and not be in the employ of any other agency or individual.

    All tests shall be made by a laboratory acceptable to DSA, as described in Section 4-335.1. Where job conditions warrant, the architect or registered engineer in general responsible charge may waive certain tests with the approval of DSA. The responsible architect or structural engineer shall prepare a statement of structural tests and special inspections, obtain DSA approval and provide a copy of the approved statement of structural tests and special inspections to the laboratory of record and the project inspector prior to the start of construction.

  2. Payments. The school board shall pay for all tests/inspections, but if so specified the amount or a portion thereof may be collected from the contractor by the school board. When in the opinion of the architect or registered engineer, additional tests/inspections are required because of the manner in which the contractor executes his or her work, such tests/inspections shall be paid for by the schoolboard, but if so specified the amount paid may be collected from the contractor by the school board. Examples of such tests/inspection are: tests of material substituted for previously accepted materials, retests or re-inspections made necessary by the failure of material to comply with the requirements of the approved construction documents and specifications, and load tests necessary because certain portions of the structure have not fully met specification or plan requirements.
  3. Sampling and testing of materials. Samples or specimens of material for testing shall be taken by a qualified representative of the laboratory of record. For a minor scope of work, the project inspector may, if qualified and other duties permit, be authorized in writing by DSA to obtain, handle, prepare, protect, transport, and/or store test specimens.

    In general, samples may be selected at random; however, if there is reason to believe that specific materials may be defective, sample locations may be selected by the project inspector, responsible architect or structural engineer or DSA representative. In no case shall the contractor or vendor select the sample location or obtain specimens.

    Obtaining, handling, preparing, protecting, transporting or storing of samples and testing shall be in accordance with the standards as provided for in the approved plans, specifications and in the applicable building regulations.

    In cases where a tested sample has failed to meet the requirements of the DSA approved documents, the responsible architect or structural engineer, subject to the approval of DSA, may permit retest of the material or in-place work.

  4. Test reporting requirements.

    1. The laboratory of record shall complete detailed test reports outlining all structural material tests. Report format shall be as prescribed by DSA.
    2. Reports shall include all tests made, regardless of whether such tests indicate that the material is satisfactory or nonconforming.
    3. The reports shall clearly state that the material or materials were sampled and tested in accordance with the requirements of these regulations and the approved plans and specifications. Reports shall also clearly state whether or not the material or materials tested met the requirements of the DSA approved documents.
    4. All reports of tests performed on-site shall be submitted to the project inspector within one work day of the day the tests were performed.
    5. Within 7 calendar days of the date of any material test, the laboratory of record shall submit all such test reports to the design professional in general responsible charge, the structural engineer, the project inspector, the contractor, and the school district. DSA may request test reports as proof of compliance.
    6. Reports of material tests not conforming with the requirements of the DSA approved documents shall be forwarded immediately to DSA, the design professional in general responsible charge, the structural engineer, the project inspector, the contractor, and the school district.
  5. Verified reports by the laboratory of record. The laboratory of record shall submit a verified report to DSA, and provide a copy to the architect or registered engineer in general responsible charge, the school board and the project inspector, covering all of the tests and special inspections that were required to be made by that laboratory. Such report shall be furnished within 14 days of the completion of the testing/special inspection program, whenever required by DSA, or any time that work on the project is suspended, or services of the laboratory of record are terminated. The report shall cover the tests and special inspections completed at that time.

    The verified report shall be signed, under penalty of perjury, by the California registered civil engineer charged with engineering managerial responsibility for the laboratory of record. The verified report shall state that the structural tests and special inspections required by the DSA approved documents were made. The report shall include a list of any noncompliant material or inspected work that has not been resolved by the date of the verified report. Any required tests or special inspection work that was not conducted by the laboratory of record shall be listed on the verified report, with an explanation why they were not performed.

  6. Special inspection. A special inspector shall not be less than 25 years of age, shall have had at least three years of experience in construction work or special inspection work on one or more projects similar to the project for which the inspector is applying, shall have a thorough knowledge of the building materials of his or her specialty, and shall be able to read and interpret plans and specifications.

    DSA may require evidence of the proposed special inspector’s knowledge and experience by requiring proof of valid certification, as appropriate, from national, regional, or state authorities and/or by successful completion of a written and/or oral examination by the applicant before approval is granted. DSA may charge a fee to administer such examinations. DSA will maintain a list of special inspectors who have successfully completed an examination by DSA, and continued eligibility to remain on that list will be dependent on demonstrated acceptable performance of duties assigned and/or attendance at continuing education classes.

    1. Special inspectors shall be employed by the laboratory of record or contract individually and directly with the school board.

      1. Special inspectors employed by laboratory of record.

        Assignment to a project: Special inspectors employed by the laboratory of record, under the supervision of the laboratory’s engineering manager, do not require DSA project specific approval.

        Supervision: Supervision of special inspectors employed by the laboratory of record shall be provided by the engineering manager, whose supervision duties shall include but are not limited to the following tasks:

        1. Providing oversight and responsible control of special inspection services and associated report documents.
        2. Verifying that special inspectors meet all employment requirements and possess the training, education, technical knowledge, experience, and/or certifications necessary to perform the duties assigned. The engineering manager shall also ensure that records of relevant certifications, qualifications, training, and experience of inspection personnel, are maintained at the laboratory facility, and made available upon request to DSA.
        3. Verifying that special inspectors conduct the required field-related services in strict accordance with DSA approved documents and applicable standards.
        4. Monitoring special inspection activities to assure that the qualified special inspector is performing his or her duties as required.
        5. Verifying that special inspectors properly document their activities, and that reports and logs are prepared and distributed in accordance with these regulations.
      2. Special inspectors who contract individually and directly with the school board.

        Approval for a project: The school board, or architect or registered engineer in general responsible charge shall secure DSA approval for special inspectors as required prior to commencement of work for which special inspection is required.

        Supervision: The duties of the architect or registered engineer in general responsible charge in directing the special inspector shall include but are not limited to the following tasks:

        1. Verifying that special inspectors possess the training, education and/or certifications necessary to perform the duties assigned.
        2. Verifying that special inspectors conduct the required special inspection services in strict accordance with DSA approved documents and applicable standards.
        3. Monitoring special inspection activities to assure that the qualified special inspector is performing his or her duties as required.
        4. Verifying that special inspectors properly document their activities, and that reports and logs are prepared and distributed in accordance with these regulations.
        5. Verifying that all special inspectors working under the direction of the design professional have filed verified reports as prescribed by Section 4-336(c), and that all code-required special inspections were completed.
    2. The acceptance or approval of special inspectors may be withdrawn by DSA if the special inspector fails to comply with any part of these regulations or the applicable inspection-related referenced standards on the approved plans and specification.
    3. The duties of the special inspector shall include but are not limited to the following:

      1. Review and comprehend all applicable DSA approved construction documents, shop drawings, requirements of applicable code and code referenced standards.
      2. Perform the inspections in conformance with the requirements of the DSA approved documents, applicable code and code referenced standards.
      3. Verify whether or not the work conforms to the requirements of the DSA approved documents, applicable code and code referenced standards.
      4. The special inspector shall not accept any deviation from the DSA approved documents unless the revision has been approved by DSA.
      5. Report in writing immediately any work that the special inspector deems nonconforming, and which is not immediately corrected upon notifying the contractor. Submit the report to the project inspector, DSA, the, architect or registered engineer in general responsible charge, the structural engineer delegated responsible charge for observation of construction, the contractor and the school district.
      6. Complete and submit all required reports, as set forth in sub-section 4 below.
      7. Special inspectors who contract individually and directly with the school district shall maintain records of all special inspections on a job-by-job basis for at least six (6) years, and shall make such records available to the school district, design professional in responsible charge and DSA upon request. Such records shall include all special inspection reports, noted deficiencies and dates of resolution of such deficiencies, verified reports, photographs, and such other information as may be appropriate to establish the sufficiency of the inspection program.
    4. Inspection reporting requirements:

      1. Special inspector daily reports. Special inspectors shall prepare detailed daily inspection reports outlining the work inspected and shall forward a copy of the report to the project inspector within one day of the day the inspections were performed.

        Reports indicating materials or workmanship found to be nonconforming with the requirements of the DSA approved documents shall be forwarded immediately to the project inspector, DSA, the architect or registered ngineer in general responsible charge, the structural engineer delegated responsible charge for observation of construction, the contractor, and the school district.

        Within 7 days of the date of any special inspection, the special inspector shall submit copies of all daily reports to the school district, the architect or registered engineer in general responsible charge, the structural engineer delegated responsible charge for observation of construction, the contractor, and the project inspector.

        Report format shall be as prescribed by DSA. Reports shall clearly state whether the work was inspected in accordance with the requirements of the DSA approved documents for the project. Reports shall also clearly state whether the work inspected met the requirements of the DSA approved documents. Reports shall include all special inspections made regardless of whether such inspections indicate that the work is satisfactory or nonconforming.

      2. Special inspector verified report. Each special inspector who contracts individually and directly with the school board, shall complete a verified report, as required by Section 4-336, and submit it to DSA, the architect or registered engineer in general responsible charge, the structural engineer delegated responsible charge for observation of construction, the school board, and project inspector. Such report shall be furnished within 14 days of the conclusion of work requiring special inspection, whenever required by DSA, or any time that work on the project is suspended, or services of the special inspector are terminated. The report shall cover the special inspection work completed at that time.

        The verified report shall indicate that all special inspections were made as required by the approved plans and specifications, and shall list any noncompliant work that has not been resolved by the date of the verified report. Any required special inspections that were not conducted by the special inspector shall be listed on the verified report, with an explanation.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-335, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. Laboratories conducting any special inspection, testing, or obtaining, handling, preparing, protecting, transporting or storing of samples must be accepted by the DSA Laboratory Evaluation and Acceptance (LEA) program. A laboratory may apply for DSA acceptance by submitting an application on a form prescribed by DSA, along with supporting documentation, to DSA. Upon receipt of a valid application, DSA shall evaluate the laboratory to verify that requirements of these regulations are met and that engineering managerial and supervisory staff are familiar with Title 24, C.C.R. requirements pertinent to materials testing and special inspection.

    A letter of acceptance by DSA shall be issued to the laboratory and shall state that the laboratory has demonstrated that it has met the criteria established by DSA for performance of material testing and special inspection of work under DSA jurisdiction. A list of accepted LEA laboratories showing the types of tests and inspections for which they have been approved shall be posted on the DSA website.

  2. To qualify for acceptance, a laboratory shall comply with the following requirements:

    1. Qualification criteria. The laboratory shall obtain and maintain accreditation for ASTM E329-11: Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection, through required evaluation and accreditation as described below.

      Other nationally recognized evaluation services or accreditation bodies, equivalent to those indicated below, may be accepted by DSA with prior approval.

      1. The laboratory shall receive on-site assessments and quality system evaluations by the American Association of State Highway and Transportation Officials (AASHTO) Materials Reference Laboratory (AMRL) or the Cement and Concrete Reference Laboratory (CCRL).
      2. The laboratory shall maintain accreditation from the AASHTO Accreditation Program (AAP).

        In addition, the laboratory must maintain accreditation for the following standards, as applicable: ASTM C1077 (Aggregate), ASTM C1077 (Concrete), ASTM C1093 (Masonry) and ASTM D3740 (Soil).

        The laboratory shall maintain participation in applicable AMRL and CCRL proficiency sample programs.

        The laboratory must authorize the release of accreditation, assessment, and proficiency sample testing information to DSA.

    2. Laboratory structure. The laboratory shall have a full-time engineering manager who is a State of California registered civil engineer. The engineering manager shall possess a minimum of 5 years of relevant experience in the inspection and testing industry and hold a management position in the company. All testing and special inspection services shall be performed under his or her general supervision. The engineering manager shall be responsible for ensuring that all technicians and special inspectors employed by the laboratory are appropriately trained, qualified, and certified in their area of expertise. The engineering manager may not be employed by any other laboratory that provides special inspection or testing services. Administration and business practices of the laboratory shall comply with all relevant California State and Federal laws.
    3. Supervision. Supervision by the engineering manager shall include but is not limited to the following tasks:

      1. Providing oversight and responsible control of all field and laboratory testing services, special inspection services and associated report documents.
      2. Verifying that technicians and special inspectors meet all employment requirements and possess the training, education and/or certifications necessary to perform the duties assigned.
      3. Verifying that qualified technicians and special inspectors conduct the required laboratory and field-related services in strict accordance with DSA approved documents and applicable standards.
      4. On-site monitoring of the special inspection activities to assure that the qualified special inspector is performing his or her duties as required. Frequency of the visits shall be determined by the engineering manager, who shall consider the size and complexity of the project.
      5. Verifying that special inspectors properly document their activities, and that reports and logs are prepared and distributed in accordance with these regulations.
    4. Limitation of duties. LEA laboratory activities are specifically limited to those tests/special inspections for which the laboratory has been approved and for which it has satisfied the requirements set forth in these regulations. No laboratory shall conduct any test or special inspections for which the laboratory is not qualified or approved by DSA to perform. The laboratory of record may subcontract tests/special inspections for which it is not approved to another LEA accepted laboratory possessing that approval.
    5. Equipment and tools. A DSA accepted laboratory shall have adequate facilities, equipment, personnel expertise and technical references to permit the performance of testing and special inspections in compliance with applicable national standards and regulations. The laboratory shall possess and maintain all tools and equipment required to perform the specific tests and special inspections for which it is approved. Such tools and equipment shall be maintained and calibrated periodically in accordance with applicable nationally accepted standards.
    6. Documentation. A laboratory shall maintain records of all tests and special inspections on a job-by-job basis for at least six (6) years, and shall make such records available to the school board, design professional in responsible charge, and DSA upon request. Such records shall include all laboratory test reports, special inspection reports, noted deficiencies and dates of resolution of such deficiencies, verified reports, photographs, and such other information as may be appropriate to establish the sufficiency of the testing/ special inspection program.

      The laboratory’s engineering manager shall review test and special inspection reports and progress reports for conformance of inspected work with the approved plans, specifications and workmanship provisions of the California Building Code (CBC) and referenced standards. Such supervision and control shall be evidenced by the engineering manager’s signature and seal on the verified reports required by these regulations.

    7. Obligation to avoid conflict of interest. Laboratories shall not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect, test, verify, or certify.
    8. Evaluations. The qualifications and capabilities of testing laboratories statewide are subject to evaluation by DSA LEA program personnel. Evaluations occur upon application for initial acceptance, application for renewal, a change in responsible engineering manager, laboratory location, supervisory personnel, and company name and/or services. Evaluations may include but are not limited to a review of the application submittal, consultation with the engineering manager as well as an on-site examination/evaluation of the quality system, equipment, personnel and records.
    9. Audits. The operations of a DSA accepted laboratory may be subject to audit by DSA. Audits may occur upon receipt of complaints or evidence of failure by the laboratory to meet the requirements of these regulations. Audits may include but are not limited to the following: review of LEA program records, project specific records, on-site examination of equipment, and records of special inspection and testing services. An audit may result in a requirement that the laboratory be re-evaluated.
    10. Obligation to cooperate with inquiries. All accepted laboratories shall cooperate in any investigation by DSA into the activities at any school project site or fabricating/manufacturing facility for which they have provided special inspection and/or testing services and shall provide prompt, accurate and complete responses to reasonable inquiries by DSA and other appropriate individuals or agencies.
  3. Duration of LEA laboratory acceptance. Acceptance will remain valid for a period of four years unless approval is withdrawn for failure to comply with the requirements of these regulations. Examples of such failure include, but are not limited to:

    1. Making changes in engineering management, supervisory personnel, laboratory location, major equipment, or other key factors without prior notification to the DSA LEA program.
    2. Failing to have the laboratory facility evaluated and accredited as outlined in Section 335(b)1, as applicable to services offered.
    3. Reporting that materials and/or workmanship meet the requirements of DSA approved documents when they do not.
    4. Failing to sample, handle and/or test materials as required by the approved documents, code and referenced standards.
    5. Utilizing technicians or special inspectors that do not meet the qualification and/or certification requirements.
    6. Failing to adequately supervise technicians and/or special inspectors.
    7. Failing to comply with any of the other requirements of these regulations or the DSA approved documents for a project.
  4. Fees for testing laboratory evaluation. DSA may charge a fee to cover the costs of evaluating and re-evaluating the laboratory. DSA reserves the right to visit, audit and observe the laboratories.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309 and 81141.

  1. General. As the work of construction progresses, the architect or registered engineer in general responsible charge of observation of construction of the work, each architect or registered engineer delegated responsibility for a portion of observation of construction of the work, the project inspector, the geotechnical engineer, the laboratory of record, approved special inspectors contracting individually and directly with the school board, and the contractor shall each make and sign under penalty of perjury, a duly verified report to DSA and provide a copy of the same report to the project inspector. The verified report shall be made upon a prescribed form or forms attesting that of his or her own personal knowledge the work during the period covered by the report has been performed and materials have been used and installed in every material respect in compliance with the duly approved plans and specifications, and setting forth such detailed statements of fact as shall be required.

    The term “personal knowledge” as applied to an architect or registered engineer means the personal knowledge that is obtained from periodic visits of reasonable frequency to the project site for the purpose of general observation of the work, and that is obtained from the reporting of others on the progress of the work, testing of materials, inspection and superintendence of the work. The exercise of reasonable diligence to obtain the facts is required.

    The term “personal knowledge” as applied to the project inspector means the actual personal knowledge that is obtained from the inspector’s personal continuous inspection of the work in all stages of its progress. For work performed away from the site, the project inspector may obtain personal knowledge from the reporting of testing or special inspection of materials and workmanship for compliance with approved plans, specifications and applicable standards. The exercise of reasonable diligence to obtain the facts is required.

    The term “personal knowledge” as applied to a special inspector means the actual personal knowledge which is obtained from the inspector’s personal inspection of the work assigned. The verified report shall clearly describe the work assigned to each individual special inspector. The exercise of reasonable diligence to obtain the facts is required.

    The term “personal knowledge” as applied to the contractor means the personal knowledge gained from constructing the building. The exercise of reasonable diligence to obtain the facts is required.

  2. Verified report form. Verified reports shall be made on specific forms prescribed by DSA.
  3. Required filing. Verified reports shall be made as follows:

    1. By each contractor having a contract with the school board, at the completion of the contract.
    2. By the architect, registered engineers and project inspector at the completion of construction as determined acceptable to DSA.
    3. By the architect, registered engineers, engineering manager of the laboratory of record, as required by Section 4-335(e), project inspector, and approved special inspectors contracting individually and directly with the school board, at the suspension of all work for a period of more than one month and at identified milestones of completed construction prescribed by DSA.
    4. By the project inspector when any building included in the scope of the project is occupied or re-occupied.
    5. By any of the following, whenever their services in connection with the project have been terminated for any reason: the architect or registered engineer in general responsible charge, engineering manager of the laboratory of record, project inspector, approved special inspector contracting individually and directly with the school board, or the contractor.
    6. By the responsible geotechnical engineer, as required by Section 4-333(a), upon completion of his or her duties.
    7. By the engineering manager of the laboratory of record, as required by Section 4-335(e), at the completion of the testing program.
    8. By the approved special inspector contracting individually and directly with the school board at the conclusion of work requiring special inspection.
    9. By any party listed above at any time a verified report is requested by DSA.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-336, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

In addition to the verified reports (Section 4-336) the project inspector shall make semimonthly reports of the progress of construction to the architect or registered engineer in general responsible charge and the structural engineer if delegated to observe the structural portion of the construction. A copy of each such report shall be sent to the school board and DSA, and a copy kept in the project inspector’s job file.

Semimonthly reports shall state the name of the building, the school and the school district, and give the file and application number. The reports shall include a list of official visitors to the project and whom they represent, a brief statement of the work done, instructions received from the architect or registered engineer during the period covered by the report and pertinent information regarding any unusual conditions or questions that may have arisen at the job. The semimonthly report shall include problems or noncomplying conditions which have occurred on the project and how they were resolved or brought into compliance. Failure to comply with this section, in a timely manner, may be cause for DSA to withdraw approval of the inspector.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17309, 17310, 81130, 81141 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-337, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. Work shall be executed in accordance with the approved plans, addenda and construction change documents. Changes in the plans and specifications shall be made by addenda or construction change documents approved by DSA. [See Section 4-318(b).]
  2. Addenda. Changes of the approved plans or specifications made during the bidding phase and prior to letting a construction contract for the work involved shall be made by means of addenda. Addenda for changes to the structural, accessibility or fire-life safety portions of the project shall be submitted to and approved by DSA prior to commencement of the work shown thereon. Addenda shall refer to the portions of the approved plans and specifications being changed, clearly describe the work to be accomplished, and, where necessary, shall be accompanied by supplementary drawings, technical data and calculations. Addenda shall be numbered sequentially for easy reference. All addenda shall be stamped and signed by the architect or registered engineer in general responsible charge.

    If required by DSA, all other addenda shall be submitted to the DSA for concurrence that they do not contain changes to the structural, accessibility and/or fire-life safety portions of the project.

  3. Construction changes. Changes of the approved plans or specifications after a contract for the work has been let shall be made by means of construction change documents. Construction change documents for changes to the structural, accessibility or fire-life safety portions of the project shall be submitted to and approved by DSA prior to commencement of the work shown thereon. Construction change documents shall refer to the portions of the approved plans and specifications being changed, clearly describe the work to be accomplished, and, where necessary, shall be accompanied by supplementary drawings, technical data and calculations. Construction change documents shall be numbered sequentially for easy reference. All construction change documents shall be stamped and signed by the architect or engineer in general responsible charge, or by the architect or registered engineer delegated responsibility for the portion of the work of construction affected by the change.

    If required by DSA, all other construction change documents shall be submitted to the DSA for concurrence that they do not contain changes to the structural, accessibility and/or fire-life safety portions of the project.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17927 and 81134.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-338, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The certification of compliance by DSA for public school building projects will be issued when the work has been completed in accordance with the requirements as to safety of design and construction of Sections 17280-17316 and 81130-81147 of the Education Code. The final certification of compliance will not be issued until the school board has filed a notice of completion and has filed a statement of final actual project cost as identified in Section 4-322, and has paid all required fees to the Department of General Services.

The certification by DSA may be evidenced either by letter or by certificate. A certificate of compliance will, in general, be issued only for large new projects where the board may desire to display such certificate in a conspicuous place. The letter or certificate of compliance will be directed to the school board.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17310 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-339, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. The architect or registered engineer in general responsible charge is responsible to the school board and to DSA to see that the completed work conforms in every material respect to these regulations and to the approved plans and specifications. (See Section 4-316.) The architect or registered engineer in general responsible charge may, if so authorized, act as agent for the school board in completing and submitting the application for approval of plans and specifications to DSA. (See Section 4-315.)

    The architect or registered engineer in general responsible charge in no way is relieved of any responsibility by the activities of DSA in the performance of its duties.

  2. General responsible charge. The architect, structural engineer or professional engineer in general responsible charge shall advise the school board in regard to filing of the application for approval of plans, the selection of an inspector and the selection of a testing laboratory. The architect or registered engineer in general responsible charge shall prepare plans, specifications, design calculations and other data and shall prepare addenda and construction change documents authorized by the school board and as required by conditions on the project.

    The architect or registered engineer in general responsible charge shall make, or cause to be made, the corrections required on the various documents to comply with the requirements of these regulations. The architect or registered engineer in general responsible charge shall perform general observation of the work of construction, interpret the approved drawings and specifications and shall provide the project inspector and testing facility with a complete set of stamped plans, specifications, addenda and construction change documents prior to the start of construction.

    In general, DSA directs all technical correspondence to the architect or registered engineer in general responsible charge of the project.

  3. Delegated responsibility. An architect or registered engineer to whom responsibility has been delegated shall, under the general direction of the architect or registered engineer in general responsible charge, prepare plans, specifications, calculations and other data, and make corrections on these documents as required to comply with these regulations. Such architect or registered engineer shall consult with the architect or registered engineer in general responsible charge in the preparation of addenda, deferred submittals and construction change documents and the selection of inspectors and the testing facility. The architect or registered engineer to whom responsibility has been delegated shall provide evidence of his or her responsibility for the documents, which affect his or her portion of the work and are presented to DSA for approval, by his or her stamp and signature thereon.
  4. Approval of inspectors. The school district or architect or registered engineer in general responsible charge shall obtain DSA approval for a project inspector, assistant inspector, and a replacement inspector, if any, prior to commencement or continuation of construction work, as applicable, in accordance with the project inspector approval process specified by DSA. The following shall be submitted to DSA:

    1. The name of the person proposed as project inspector of the work, together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA, in accordance with the project inspector approval process specified by DSA.

      DSA inspector approval is contingent upon the inspector providing adequate time to satisfy continuous inspection requirements per 4-342(b)1. The proposed project inspector’s concurrent workload shall be included in the inspector’s submittal forms for project approval. If DSA determines the inspector’s cumulative workload appears excessive and may hinder continuous inspection required per Section 4-342(b)1, DSA may require the inspector to justify that sufficient time will be spent on the project.

    2. The name of any proposed assistant inspector together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA, in accordance with the project inspector approval process specified by DSA.
    3. The name of any special inspector to be used, in accordance with Section 4-335(f)1(B).
    4. When a replacement project inspector is retained, the name of the person proposed as the new project inspector, together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA.

      The architect or registered engineer in general responsible charge shall provide general direction of the work of the project inspector and shall immediately notify the school board and DSA in writing if the project inspector is found to be unable or unwilling to perform such duties properly. This notification shall include a statement as to whether the architect or engineer is recommending that the school board terminate the inspector’s employment. rior to termination, the school district shall confer with DSA and provide the basis for the termination, and the architect or structural engineer in general responsible charge shall obtain DSA approval of a replacement project inspector. No work on the project may proceed until a new project inspector has been approved by DSA. Upon completion of a terminating verified report, the inspector’s duties and responsibilities for the project are ended.

      In view of the architect or engineer’s responsibilities for directing the activities of the inspector, such architect or registered engineer in general responsible charge shall review and evaluate the inspector’s qualifications before recommending the approval of the inspector to DSA.

  5. Report of contract. The architect or registered engineer in general responsible charge or the school board shall report contract information and time of starting work to DSA. (See Section 4-331.)
  6. Architect or engineer verified reports. The architect or registered engineer in general responsible charge and all architects and registered engineers delegated responsibility for observation of the work of construction shall observe the work of construction of his or her portion of the project; when delegated, consult with the design professional in general responsible charge in the interpretation of the approved drawings and specifications; and shall maintain such personal contact with the project as is necessary to assure themselves of compliance in every material respect with the approved plans and specifications. Personal contact shall include visits to the project site by the architect, engineer or their qualified representative to observe the construction. The architect or registered engineer in general responsible charge and each architect or engineer delegated responsibility for observations of the work of construction shall submit verified reports to DSA and provide a copy to the project inspector as required by Section 4-336. The architect or registered engineer in general responsible charge shall also require that verified reports from the project inspector, special inspectors, testing facility, the geotechnical engineer, contractors and the other architects and engineers are submitted as required.
  7. Structural tests and special inspection program. The architect or registered engineer in general responsible charge shall establish the extent of the structural tests and special inspection program consistent with the needs of the particular project (see Section 4-335) and shall issue specific instructions to the testing facility and special inspectors prior to start of construction. He or she shall also notify DSA as to the disposition of materials noted on laboratory testing, and/or special inspection, reports as not conforming to the DSA approved documents.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17302, 17309, 17310, 81138, 81141 and 81142.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-341, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. The project inspector shall act under the direction of the architect or registered engineer in general responsible charge. The project inspector is also subject to supervision by DSA.
  2. Duties. The general duties of the project inspector in fulfilling his or her responsibilities are as follows:

    1. Continuous inspection requirement. The project inspector must have actual personal knowledge, obtained by personal and continuous inspection of the work of construction in all stages of its progress, that the requirements of the approved plans and specifications are being completely executed.

      Continuous inspection means complete inspection of every part of the work. Work, such as concrete work or masonry work which can be inspected only as it is placed, 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 any case, the inspector must personally inspect every part of the work. In no case shall the inspector have or assume any duties that will prevent the inspector from giving continuous inspection. DSA may require verification from the project inspector of time spent at the construction site during all phases of the work. The project inspector may obtain personal knowledge of the work of construction, either on-site or off-site, performed under the inspection of special inspectors and/or assistant inspectors (Section 4-333). The project inspector may obtain personal knowledge that materials used in the construction conform to the DSA approved documents by verifying test reports performed by DSA accepted testing facilities, verifying materials certifications shipped with the materials, or other means as specified in the DSA approved documents and referenced codes and standards. The project inspector shall verify that special inspectors possess valid certifications for the work being inspected. The project inspector shall be responsible for monitoring the work of the special inspectors and testing laboratories to ensure that the testing program is satisfactorily completed. The project inspector shall be responsible for supervising the work of all assistant inspectors in accordance with Section 4-333(d). The exercise of reasonable diligence to obtain the facts shall be required.

    2. Relations with architect or engineer. Any uncertainties in the inspector’s comprehension of the plans and specifications or inconsistencies or seeming errors in the approved construction documents shall be reported promptly to the architect or registered engineer in general responsible charge for interpretation and instructions. In no case shall the instruction of the architect or registered engineer be construed to cause work to be done which is not in conformity with the DSA approved documents.
    3. Job file. The project inspector shall keep and maintain a file on the job at all times with all of the following:

      1. DSA approved plans and specifications including DSA approved addenda and all construction change documents.
      2. Applicable parts of the edition of Title 24, C.C.R., referred to in the plans and specifications, and any pertinent reference standards.
      3. DSA approved statement of structural tests and special inspections.
      4. Copies of project inspector’s semi-monthly reports.
      5. Copies of all deviation notices and a log of all deviation notices. The log shall reference all applicable details and specification sections related to nonconforming materials and workmanship including construction change documents, addenda and deferred submittals. The log shall describe all corrective actions taken whether performed in accordance with DSA approved documents or not, the current status of each deviation issue and the resolution for each issue.
      6. Log documenting all significant communications with the design professionals, contractors, DSA representatives and other persons involved in the project. Significant communications include, but are not limited to, interpretations, clarifications or directions from the design professionals, issues identified by DSA representatives, directives from the school district, and start notices from the contractor.
      7. Laboratory tests and inspection reports.
      8. Contractor’s request for information (RFI) and responses to the RFIs.
      9. Interpretations and clarifications from the design professional in general responsible charge.
      10. Special inspection reports.
      11. Concrete placing operation records showing the time and date of placing concrete and the time and date of removal of forms in each portion of the structure.
      12. Welding operation records including identification marks of welders, lists of defective welds, manner of correction of defects, etc.
      13. Pile driving operation records including penetration under the last 10 blows for each pile when piles are driven for foundations.
      14. Verified reports for all persons required by this code to file verified reports.
      15. Any other applicable documents required to provide a complete record of construction.

        The job file shall be kept on the job site until the completion of the project and shall be readily accessible to DSA personnel during site visits. A copy of the job file shall be made available to DSA upon request. The job file, with the exception of building codes and reference standards, shall be made a part of the permanent school district records.

    4. Project inspector’s semimonthly reports. The project inspector shall keep the architect or registered engineer in general responsible charge thoroughly informed as to the progress of the work by making semimonthly reports in writing as required in Section 4-337.
    5. Notifications to DSA. The project inspectors shall notify DSA at the following times:

      1. When construction work on the project is started, or restarted if previously suspended per Item D below.
      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 placement of foundation concrete and first grout placement for masonry construction and, when requested by the enforcement agency, 24 hours in advance of any subsequent and significant concrete placement, or grout placement for masonry construction.
      4. When all work on the project is suspended for a period of more than one month.
      5. By email at least 48 hours prior to scheduled work covering up uncorrected deviations.
    6. Deviations. The project inspector shall notify the contractor, in writing, of any deviations from the approved plans and specifications which are not immediately corrected by the contractor when brought to the contractor’s attention. Copies of such notice shall be forwarded immediately to the architect or registered engineer, and to DSA.

      Failure on the part of the project inspector to notify the contractor of deviations from the approved plans and specifications shall in no way relieve the contractor of any responsibility to complete the work covered by his or her contract in accordance with the approved plans and specifications and all laws and regulations.

    7. Inspector verified report. The project inspector shall make and submit directly to DSA verified reports (see Section 4-336). The project inspector shall prepare and deliver to DSA detailed statements of fact regarding materials, operations, etc., when requested.
    8. Performance of duties. The inspector shall perform all duties and render all services with honesty. Inspectors who fail to carry out their duties in an ethical manner or who engage in illegal activities may be subject to disciplinary action as defined in Section 4-342(d).
  3. Violations. Failure, refusal or neglect on the part of an inspector to notify the contractor of any work which does not comply with the requirements of the approved plans and specifications, or failure, refusal or neglect to report immediately, in writing, any such violation to the architect or registered engineer, to the school board, and to DSA shall constitute a violation of the Act and shall be cause for DSA to take action which may result in the withdrawal of the inspector’s approval. The State Architect or designee may take appropriate action as described in Section 4-342(d) when any of the following conditions exist:

    1. The inspector has failed to fulfill any of the relevant requirements of this code.
    2. The inspector has been convicted of a crime considered to be substantially related to the qualifications, functions or duties of an inspector in a manner consistent with the public health, safety or welfare.
  4. Disciplinary actions. Failure to satisfactorily perform inspector duties identified in this code may be cause for DSA to take action(s) which include but are not limited to the following:

    1. Requiring the inspector to meet with DSA in the regional office for counseling.
    2. Requiring the inspector to attend training classes.
    3. Withdrawal of the inspector’s approval for the project.
    4. Downgrading of the inspector’s class of certification.
    5. Suspension of the inspector’s certification.
    6. Withdrawal of the inspector’s certification.
  5. Notice of disciplinary actions. Notice of disciplinary action shall specify the grounds for the actions taken.
  6. Criteria for reinstatement. When considering reversal of any disciplinary action taken pursuant to Section 4-342(d), the State Architect or designee evaluating the reinstatement of an inspector’s approval for a project, or certification, may consider the following criteria:

    1. Nature and severity of the act(s) or offense(s).
    2. The time that has elapsed since the commission of the act(s) or offense(s).
    3. If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
  7. Filing an appeal.

    1. The State Architect or his/her designee has the discretion to immediately order that approval of a project inspector for a project, or certification, be temporarily invalidated or to seek additional information, pending a final determination by the State Architect or his/her designee pursuant to Section 4-342(c). The decision to temporarily invalidate approval of a project inspector for a project, or certification, will be made on a case by case basis, as necessary to ensure public health, safety and welfare.
    2. The State Architect or his/her designee shall provide the appellant with written notice that their approval for a project, or certification, has been temporarily invalidated as of a specific date or is subject to suspension or denial pursuant to Section 4-342(d), pending a final determination. The written notice shall include the reasons for the action being taken or investigated, as applicable, and provide a summary of the facts and allegations. Service of the written notice of the proposed action shall be confirmed by certified mail.
    3. Written notice of the final determination by the State Architect or his/her designee shall be confirmed by certified mail within 60 days from the initial written notification. The time to render his/her determination may be extended an additional 30 days, as necessary to consider any additional supporting documentation provided to the State Architect relevant to the issue being investigated.
    4. An appeal of an action by the State Architect or his/her designee to suspend approval of a project inspector for a project, or certification, or to deny renewal of a certification must be filed in writing with DSA within 60 days of the date posted on the certified service of the written notice of the final determination from the State Architect. Unless a hearing is specifically requested as provided in Section 4-342(g)6 the appeal will be based on an analysis of the materials available.
    5. Within 60 days from the date of receipt of the appeal the State Architect or his/her designee shall render his/her determination on the appeal. The time to render the determination may be extended an additional 30 days, as necessary to conclude any research or investigation required, at the discretion of the State Architect or his/her designee.
    6. Should an individual submit a written request for a hearing, the State Architect may designate an appropriate hearing officer to conduct the hearing. Written notice of the date and time of the hearing and the reasons for the action being taken or investigated, as applicable, shall be provided to the appellant. The hearing shall be limited in scope to the actions stated in the written notice. The appellant may bring a representative of his/her choice.
    7. The appellant shall be notified in writing of the determination made by State Architect or his/her designee regarding the appeal. Service of the written notice of the decision shall be confirmed by certified mail.
    8. Any appeal of a decision rendered by the State Architect or his/her designee to rescind approval for a project or certification may be appealed to the Superior Court.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309, 17311, 81141 and 81143.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-342, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. Responsibilities. It is the duty of the contractor to complete the work covered by his or her contract in accordance with the approved plans and specifications thereof. The contractor in no way is relieved of any responsibility by the activities of the architect, engineer, inspector or DSA in the performance of such duties.
  2. Performance of the work. The contractor shall carefully study the approved plans and specifications and shall plan a schedule of operations well ahead of time. If at any time it is discovered that work is being done which is not in accordance with the approved plans and specifications, the contractor shall correct the work immediately.

    All inconsistencies or items which appear to be in error in the approved plans and specifications shall be promptly called to the attention of the architect or registered engineer, through the inspector, for interpretation or correction. In no case, however, shall the instruction of the architect or registered engineer be construed to cause work to be done which is not in conformity with the approved plans, specifications and construction change documents.

    The contractor must notify the project inspector, in writing, of the commencement of construction of each and every aspect of the work at least 48 hours in advance.

    The contractor must notify the inspector of the completion of each aspect of the work.

  3. Contractor verified reports. The contractor shall make and submit to DSA from time to time, verified reports as required in Section 4-336.

    If work on the building is being done by independent contractors, having contracts with the school board, verified reports shall be submitted by each contractor regardless of the type of work involved.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17309, 81130 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-343, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The architect or structural engineer in general responsible charge is responsible for the designs prepared by the mechanical and electrical engineers, except that where plans, specifications and estimates for alterations or repairs do not involve architectural or structural changes said plans, specifications and estimates may be prepared and work of construction may be observed by a professional engineer in general responsible charge who is duly qualified to perform such services and who holds a valid certificate under Chapter 7 of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications, and estimates and work of construction are applicable.

The mechanical or electrical engineer shall fulfill the duties outlined in Section 4-341 when assuming general responsible charge and shall submit verified reports as required in Section 4-336. When accepting delegated responsibility he or she shall comply with the requirements of Sections 4-336 and 4-341 insofar as these may relate to the work delegated to him or her.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17302, 17309, 81133, 81138 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-344, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. Examination and report requested of DSA by the school district. Upon written request by the governing board of any school district or by at least 10 percent of the parents having pupils enrolled in any school district as certified to by the county superintendent of schools, DSA shall make an examination and report on the structural condition of any school building of the district. DSA must report whether or not each building examined is substantially compliant with applicable code provisions. Whether or not such examination is requested of DSA is entirely optional with the school district or parents concerned, and consequently, in making such examination and report DSA acts as the agent of the school district to whom DSA makes its report and by whom it is guided in determining the extent and character of the examination made.

    DSA may prescribe a form, which shall be filled out by the applicant, supplying such information as is available.

    DSA is not authorized to prepare plans or make estimates of the cost necessary to make such repairs to the building or buildings as are necessary to meet structural safety standards. (See Sections 17367 and 81162 of the Education Code.)

  2. Examination and report by school district’s structural engineer. The school district may retain a structural engineer, at the school district’s expense, to examine and report on the structural condition of any school building of the district. The structural engineer shall consult with DSA for guidance as to the standard of safety to which the structural condition must measure. The structural engineer must report on whether or not each of the buildings examined is safe or unsafe for school use, and whether or not each of the buildings is substantially compliant with applicable code requirements as required by DSA under Section 4-345(a) above.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17313 and 81162.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-345, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

Upon completion of the examination by DSA and the submission of the report thereof to the school board, DSA shall submit a statement of the actual expense involved in the examination and preparation of report. Payment by the school board shall be made to DSA upon receipt of the statement of expense involved unless waived by DSA upon recommendation of the state superintendent of public instruction.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17313 and 81145.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-346, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The records retained by DSA pertaining to the supervision of the construction of school buildings by DSA are public documents and are open to inspection during office hours. Documents shall not be taken from the custody of DSA except as required by law.

Examination reports prepared under the provisions of Sections 17313 and 81162 of the Act (See Section 4-345) are considered to be the property of the school board. Inquiries regarding examination reports shall be referred to the school board concerned.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17315, 81133 and 81147; and Health and Safety Code Sections 19850 through 19853.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-350, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

A file of school building plans, specifications and documents for currently active school projects in each of four regions of the state is maintained in the respective DSA regional office: Oakland (Region 1), Sacramento (Region II), Los Angeles (Region III) and San Diego (Region IV). Completed or certified project records including plans and specifications are stored in the State Records Center in Sacramento or in electronic format at the regional offices.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17299, 17309, 81133, 81135 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-351, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. Application. Applications for approval of plans and specifications shall be submitted to the DSA regional office serving the project location unless specific approval for submittal elsewhere is given by the State Architect. Processing shall be completed by the receiving office but portions of the work may be reassigned.
  2. Construction documents. All documents such as notices in accordance with Sections 4-331 and 4-332, qualification records in accordance with Sections 4-333 and 4-341, test reports in accordance with Section 4-335, special inspection reports in accordance with Section 4-335, verified reports in accordance with Section 4-336, and semimonthly reports in accordance with Section 4-337 shall be submitted to the appropriate DSA regional office according to location of the project.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17299, 17309, 81133, 81135 and 81141.

HISTORY:

  1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-352, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.
  1. General. The State Architect may appoint an advisory board whose duty it is to serve in an advisory capacity to DSA in connection with technical or structural matters and with reference to regulations and requirements pertaining to the administration of the Act. This board shall also act as a board of review relating to enforcement of Title 24 for building projects under the jurisdiction of DSA.
  2. Membership. The board shall consist of 17 members appointed by the State Architect. Of the appointive members: two shall be structural engineers; two shall be architects; one shall be a geotechnical engineer; one shall be a general contractor; one shall be a local building official; one shall be an electrical engineer; one shall be a mechanical engineer; two shall be school district personnel; one shall be a project inspector; one shall be a fire and panic safety representative; one shall represent the field of accessibility compliance; one shall represent community colleges personnel; and two shall be members of the general public.

    Each member shall be appointed for a term of four years and shall hold office until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. The State Architect may remove any member of the board for neglect of duty or other just cause. All appointed board members may vote.

    The State Architect may also appoint up to three additional ex officio members. State Architect-appointed ex officio members may continue to serve until appointment of their successors by the State Architect. Appointed ex officio members may vote.

    Appointive members, except for the public members and the appointed ex officio members, shall be qualified by close connection with public school and state building design and construction. They shall be appointed from nominees recommended by the governing bodies of California-based professional organizations representing school districts, architects, engineers, construction inspectors, construction managers, consultants and facility planners, contractors, building officials and fire and panic safety representatives.

    There shall be eight state representative members of the board, who shall be: the State Architect; the State Geologist; the Executive Director of the California Seismic Safety Commission; the State Superintendent of Public Instruction; the Chancellor, California Community Colleges; the Director of the Office of Statewide Health Planning and Development; the Deputy Director of the Department of General Services, Real Estate Services Division; and, the State Fire Marshal; or their officially designated representatives. These members are not entitled to vote.

  3. Meetings. The board shall elect its own chairperson and vice chairperson and shall convene upon the call of the chairperson or the State Architect whenever it may be necessary in his or her judgment for the board to meet. The board shall adopt such rules of procedure as are necessary to enable it to perform the obligations delegated to it. The chairperson of the board shall at his or her discretion or upon instructions from the board designate subcommittees to study and report back to the board any technical subject or matter regarding which an independent review or further study is desired or regarding which appeal is made to the board from decisions or rulings of the office. The board members will be reimbursed from the fund defined in Sections 17301 and 81137 of the Act for their reasonable actual expenses in attending meetings, but shall receive no compensation for their services.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17310 and 81142.

HISTORY:

  1. Editorial renumbering of Article 5 to Article 9 to correct printing error (Register 83, No. 45).
  2. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-355, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

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

These regulations implement Section 14963 of the Government Code to ensure that elementary, secondary or community college buildings and facilities constructed or altered pursuant to these regulations are in compliance with the California Code of Regulations, Title 24 related to the design aspects of the Fire and Life Safety (FLS) elements, components and systems.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963.

Title 24, California Code of Regulations (C.C.R.) parts 2, 3, 4, 5, and 9; known as the California Building Code, designate building regulations that are applicable to the Fire and Life Safety portions of the design, construction, reconstruction, rehabilitation, alteration of or addition to any school building as defined in Sections 17283 and 81050 of the Education Code. The term “school building” shall include all buildings, structures, appurtenances and related systems or facilities as defined in Section 4-314. Section 14963, Government Code, authorizes the Division of the State Architect (DSA) to carry out the functions and duties related to plan check and inspections of the construction of school buildings.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963. Education Code Sections 17283 and 81050.

All duties and functions that relate to the Fire and Life Safety aspects of school construction plan checking and inspections have been vested by law in the Division of the State Architect.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963.

The provisions of these regulations are not intended to prevent the use of any material or method of construction not specifically prescribed by these regulations, provided any alternate has been approved and its use authorized by DSA or the State Fire Marshal.

DSA may approve any such alternate, provided DSA finds that the proposed design is satisfactory and complies with the provisions of these regulations and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in these regulations in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

DSA shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting acceptance of an alternate shall be recorded and entered in the files of DSA.

When there are practical difficulties involved in carrying out the provisions of these regulations, DSA may grant modifications for individual cases. DSA shall first find that a special individual reason makes the strict letter of these regulations impractical, that the modification is in conformance with the intent and purpose of these regulations, and that such modification does not lessen any fire protection requirements, accessibility, or degree of structural integrity. The details of any action granting modifications shall be recorded and entered in the files of DSA.

Authority: Education Code Sections 17310 and 81142. Government Code Section 14963.

Reference: Education Code Sections 17280 and 81130. Government Code Section 14963.

Building standards applicable to public school buildings are set forth in Parts 2, 3, 4, 5, 6, 9, 11 and 12, Title 24, C.C.R., and have been adopted as minimum design and construction standards upon which to base the approval of plans and specifications. These regulations shall not be construed to prevent the use of higher design standards or to restrict the use of new or innovative design or construction techniques.

Where the designer desires to use innovative design or construction techniques not addressed in these regulations it shall be necessary to submit for review and approval information including computations, test data and recommendations covering the design in question. The designer shall confer with DSA concerning the applicability of these innovative design or construction techniques to school building construction prior to the submittal of plans and specifications.

DSA must be satisfied that the degree of safety achieved by these innovative design and construction techniques is at least equivalent to that achieved by the regulations. The determination of the equivalency of the degree of safety shall be the responsibility of DSA.

Authority: Education Code Sections 17310 and 81142. Government Code Section 14963.

Reference: Education Code Sections 17280 and 81130. Government Code Section 14963.

Plans and specifications for any new school building or for the reconstruction, rehabilitation, alteration of or addition to school buildings shall be submitted to DSA for approval as required by and in accordance with Sections 4-306 through 4-310. This approval shall include Fire and Life Safety.

Authority: Government Code Section 14963. Education Code Sections 17310 and 81142.

Reference: Government Code Section 14963. Health and Safety Code Section 13143. Education Code Sections 17280, 17295, 81130 and 81133.

The words defined in Sections 4-314 and 4-411 shall have the meaning stated therein throughout the regulations contained in Part 1, Section 4-400, et. seq, Title 24, C.C.R.

Authority: Education Code Sections 17310 and 81142. Government Code Section 14963.

Reference: Education Code Sections 17283, 81130, 81050 and 81529.

DIVISION OF THE STATE ARCHITECT or DIVISION, or initials DSA, shall mean the Division of the State Architect in the Department of General Services, State of California.

INSPECTOR shall mean any person duly approved by DSA to perform construction inspection for a particular project. (See Sections 4-333 and 4-342.)

Authority: Education Code Sections 17310 and 81142. Government Code Section 14963.

Reference: Education Code Sections 17280, 17283, 17405, 81130, 81050 and 81529. Health and Safety Code Section 13143.

Before awarding a contract or commencing with construction of a school building project, the school board shall submit an application to the Division of the State Architect and obtain written approval of the plans and specifications as required by and in accordance with Sections 4-315 through 4-319.

Authority: Education Code Sections 17310 and 81142. Government Code Section 14963.

Reference: Education Code Sections 17280 and 81130. Government Code Section 14963.

  1. The filing fee for projects shall be:

    • three-tenths of one percent (0.3%) of the first $1,000,000 of the estimated project cost; plus
    • two-tenths of one percent (0.2%) of the project cost greater than $1,000,000 up to and including $5,000,000; plus
    • one-tenth of one percent (0.1%) of the project cost greater than $5,000,000 up to and including $25,000,000; plus
    • five one-hundredths of one percent (0.05%) of the project cost greater than $25,000,000 up to and including $100,000,000; plus
    • one one-hundredth of one percent (0.01%) of the project cost above $100,000,000;
    • except that the minimum fee in any case shall be $300.00.

    Examples of filing fee to accompany application:

    1. Estimated project cost = $40,000

      0.3% x $40,000=$ 120.00
      Filing fee is the minimum charge=$ 300.00
    2. Estimated project cost = $925,000

      0.3% x $925,000=$2,775.00
      Filing fee=$2,775.00
    3. Estimated project cost = $3,840,000

      0.3% x $1,000,000=$3,000.00
      0.2% x $2,840,000=$5,680.00
      Filing fee=$8,680.00
    4. Estimated project cost = $7,260,000

      0.3% x $1,000,000=$3,000.00
      0.2% x $4,000,000=$8,000.00
      0.1% x $2,260,000=$2,260.00
      Filing fee=$13,260.00
    5. Estimated project cost = $26,500,000

      0.3% x $1,000,000=$3,000.00
      0.2% x $4,000,000=$8,000.00
      0.1% x $20,000,000=$20,000.00
      0.05% x $1,500,000=$750.00
      Filing fee=$31,750.00
  2. The fee schedule in effect at the time of filing shall apply throughout the duration of such application.
  3. When the actual project cost exceeds the estimated cost, a further fee for such projects shall become due and shall be equal to the difference between the filing fee paid and the amount computed under the schedule above using the actual cost of the project. The actual project cost shall be determined as directed in Section 4-421 and billed according to Section 4-423.
  4. If the applicant requests the cancellation or withdrawal of the application and return of the plans and specifications and filing fee, this shall be granted unless the review has begun. No portion of the filing fee can be returned after the review has started.
  5. Beginning in July 2015, and within every four years thereafter, the State Architect shall review the fee schedule and make a written determination whether the fees are sufficient to fund the programs.

    1. If the State Architect determines that a lesser amount is sufficient to maintain the programs, the fees may be reduced for a period up to four years.
    2. If the State Architect determines that a greater amount is necessary to maintain the programs utilizing these funds, the State Architect shall propose a fee schedule increase.

Authority: Education Code Sections 17300 and 17301.

Reference: Government Code Section 14963. Health and Safety Code Section 13138.

For purposes of determining the fees, project costs shall be determined as defined by and in accordance with Section 4-322.

Authority: Education Code Sections 17300 and 17301.

Reference: Government Code Section 14963. Education Code Sections 17300(a) and 81133(c)(6). Health and Safety Code Section 13143.

  1. Revisions are changes to plans or specifications made after DSA approval. Revisions shall be submitted to and approved by DSA.
  2. An hourly fee may be charged to the applicant for the review of revisions to approved plans and specifications.

Authority: Education Code Sections 17300 and 17301.

Reference: Government Code Section 14963. Health and Safety Code Section 13138.

The school district shall be billed for further fees upon completion of the project or portion thereof if fee is due. Claims for refunds of $5.00 or less due to errors in cost reporting or fee computation shall be made within six months from date of billing.

Authority: Education Code Sections 17300 and 17301.

Reference: Government Code Section 14963. Health and Safety Code Section 13138.

An hourly fee may be charged to the school district for the review of draft drawings and specifications or consultations with DSA during project development, as requested by the school district.

Authority: Education Code Sections 17300 and 17301.

Reference: Government Code Section 14963. Health and Safety Code Section 13138.

Certification of construction shall be in accordance Chapter 4, Group 1, Article 5 as follows:

  1. Time of beginning construction and partial construction: Section 4-330.
  2. Notice to DSA at start of construction: Section 4-331.
  3. Notice of suspension of construction: Section 4-332.
  4. Observation and inspection of construction: Section 4-333.
  5. Project inspector certification: Section 4-333.1.
  6. Verified Reports: Section 4-336.
  7. Semimonthly reports: Section 4-337.
  8. Addenda and construction changes: Section 4-338.
  9. Final certification of construction: Section 4-339.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963. Health and Safety Code Section 13143.

During construction, reconstruction, rehabilitation, repair, alteration of, or addition to any school building, DSA shall make such visits as in its judgment are necessary for proper enforcement of these regulations and the protection of the safety of the pupils, the teachers and the public. If at any time as the work progresses, prior to issuance of the certification of compliance, it is found that modifications or changes are necessary to secure safety or to comply with code requirements, DSA shall notify the responsible architect or responsible structural engineer and the school district of the necessity for such modifications or changes.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963. Health and Safety Code Section 13143.

  1. Whenever DSA finds any work regulated by this code being performed in a manner contrary to the provisions of this code, including the applicable standards, DSA is authorized to issue a stop work order.
  2. The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner’s agent, or the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
  3. Any person who continues working in the cited work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963.

Duties of the various individuals involved in the design and construction shall be in accordance with Chapter 4 Group 1 Article 6 Sections 4-341 through 4-344.

Authority: Government Code Section 14963.

Reference: Government Code Section 14963. Health and Safety Code Section 13143.

HISTORY:

  1. (DSASS 01/13) Supplement to add a new Group 2 “Safety of Construction of Public Schools: Fire and Life Safety,” Article 1, Section 4-401, 4-402, 4-403, 4-404, 4-405, & 4-406; Article 2, Section 4-410 & 4-411; Article 3, Section 4-415; Article 4, Section 4-420, 4-421, 4-422, 4-423, & 4-424; Article 5, Section 4-430, 4-431, & 4-432; Article 6, Section 4-435. Approved by the California Building Standards Commission on October 21, 2014, filed with Secretary of State on October 27, 2014, effective November 27, 2014

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

These regulations implement sections of the Education Code to ensure that elementary, secondary, or community college buildings and facilities constructed or altered pursuant to these regulations are in compliance with the California Code of Regulations (C.C.R.), Title 24 related to the design aspects of sustainable building elements, components, and systems specifically irrigation systems for landscape areas.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 81130 and 81142.

California Code of Regulations, Title 24, Part 11; known as the “CALGreen Code”, designates building regulations that are applicable to the Green Building Standards portions of the design, construction, or addition to any school building as defined in Sections 17283 and 81131 of the Education Code.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

The definition(s) in Sections 4-507 shall have the meaning stated therein throughout the regulations contained in Part 1, Chapter 4, Group 3, et. seq, Title 24, C.C.R.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17283, 81130, 81131, and 81529.

SELF-CERTIFICATION shall mean a registered architect, landscape architect, or civil engineer in general responsible charge prepares a set of construction documents which comply with the California Code of Regulations (C.C.R.), Title 24 or other referenced regulations, and provides their signature ensuring that the construction documents and related reports meet or exceed the code requirements.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17283, 17405, 81130, 81131, and 81529.

When an application for review of the self-certification of compliance with the Outdoor Water Use regulations is filed, it shall be accompanied by a site landscape area location plan, set of plans and specifications, and a fee payment.

Plans, specifications, or self-certification forms which, when submitted, are determined by DSA to be incomplete or incorrect, shall be returned to the architect, landscape architect, or civil engineer in general responsible charge with a request for additional information or revisions.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

The irrigation plans and specifications shall meet the California Code of Regulations, Title 24, Part 11 (CALGreen Code), Section 5.304.5, Outdoor Water Use. The architect, landscape architect, or civil engineer in general responsible charge shall self-certify that the project’s landscape planting and irrigation design is compliant with the current version of the Model Water Efficient Landscape Ordinance (MWELO) per Section 5.304.6 of the CALGreen Code and built in accordance to these regulations. All related drawings and specifications must display their registration seal and signature.

Before commencing with construction of a landscape irrigation project and any associated buildings, the architect, landscape architect, or civil engineer in general responsible charge shall submit the forms prescribed by the DSA certifying that the landscape irrigation design complies with the Outdoor Water Use regulations, and obtain approval of the self-certified plans and specifications from the DSA intake specialist.

When construction is complete, a self-certification form prescribed by the DSA certifying that the landscape irrigation system is installed in compliance with the Outdoor Water Use regulations shall be filed with the DSA intake specialist.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

The filing fee for the self-certification review shall be $500 due at the time of submission of the project and is nonrefundable.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280 and 81130.

HISTORY:

  1. (DSA-SS EF 03/15) Rulemaking file number DSA-SS EF 03/15 Emergency rulemaking added Group 3, Articles 1 through 4, to Part 1 Title 24, Chapter 4. It was originally approved by the Commission July 21, 2015 and filed with Secretary of State July 23, 2015, which is the effective date. An emergency supplement was not issued for the initial emergency building standards but was provided in Building Standards Commission Information Bulletin 15-03, dated July 24, 2015, which is now superseded. The rulemaking was made permanent pursuant to Government Code Sections 11346.2 to 11347.3. The supplement provides emergency building standards which were adopted by the Building Standards Commission on January 20, 2016, and filed with Secretary of State on January 26, 2016.
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