BILL NUMBER: AB 2966 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 12, 2008 INTRODUCED BY AssemblyMembersDe La Torreand LieberMember Lieber FEBRUARY 22, 2008 An act to amend Section 129825 of the Health and Safety Code, relating to hospitals. LEGISLATIVE COUNSEL'S DIGEST AB 2966, as amended,De La TorreLieber. Hospitals: inspections. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, requires the hospital governing board or authority to provide for and require competent and adequate inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer, or both, and the Office of Statewide Health Planning and Development. Existing law requires, except under specified circumstances, the inspector to act under the direction of the architect or structural engineer, or both, and be responsible to the governing board or authority. This bill would, instead, require the office to provide for and require competent and adequate inspection during construction or alteration by an inspector approved under specified provisions. This bill would require the inspector to act under the direction of, and be responsible to, the office, except as prescribed. This bill would provide that the office shall be reimbursed for the actual cost of performing the inspection required under these provisions from the building funds of the hospital governing board or authority. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Inspectors of record serve as the eyes, ears, and voice of the public on hospital construction projects and help ensure that construction standards are met, projects meet seismic safety requirements, and materials used in the project will stand the test of time. (b) Under current law, hospital governing boards and authorities are allowed to select and hire their own inspectors to oversee construction projects, creating an inherent conflict of interest. (c) This conflict of interest was recentlythe subject of media stories in whichdiscussed in the media, whereby inspectors of record revealed that they were pressured byhospitalshospital administrators to approve unsafe and deficientwork andconstruction, to cut cornersand, and to overlook problems in order to continue toreceive work frombe hired by hospitals. (d) Allowing hospital governing boards and authorities to hire their own inspectors threatens the health and safety of patients, nurses, doctors, staff, and other persons whouseenter, use, and work in hospitals. (e) Placing the authority to hire inspectors with the State of California will eliminate the conflict of interest and allow inspectors to focus on ensuring that construction standards are met and public safety is protected. (f) Placing the responsibility for hiring inspectors of record for hospital construction or alteration with the Office of Statewide Health Planning and Development will help ensure public safety, cost-effective use of bond and tax revenues, and timely project delivery. SEC. 2. Section 129825 of the Health and Safety Code is amended to read: 129825. (a) The office shall provide for and require competent and adequate inspection during construction or alteration by an inspector approved under subdivision (d). Except as otherwise provided in subdivision (b), the inspector shall act under the direction of, and be responsible to, the office. Nothing in this section shall be construed to prohibit any licensed architect, structural engineer, mechanical engineer, electrical engineer, or any facility maintenance personnel, if approved by the office, from performing the duties of an inspector. The inspector shall be responsible to the office for employment purposes. The office shall be reimbursed for the actual costs of performing the inspection required under this section from the building funds of the hospital governing board or authority. (b) If alterations or repairs are to be conducted under the supervision of a professional engineer pursuant to Section 129805, the inspector need only be satisfactory to the office and to the professional engineer, and the inspector shall act under the direction of the professional engineer. (c) The office shall make an inspection of the hospital buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this chapter and the protection of the safety of the public. Whenever the office finds a violation of this chapter that requires correction, the citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated. (d) The office shall approve inspectors that shall be limited to the following: (1) "A" inspectors, who may inspect all areas of construction specialty, including, but not limited to, structural. (2) "B" inspectors, who may inspect all areas of construction specialty, except structural. (3) "C" inspectors, who may inspect one or more areas of construction specialty, including structural, but may not inspect the scope of construction specialties authorized for "A" or "B" inspectors. (e) (1) As part of its approval process, the office shall initially and periodically examine inspectors by giving either a written examination or a written and oral examination. The office may charge a fee for the examination process calculated to cover its costs. Inspectors who have not passed a written examination shall not be approved by the office until they have successfully passed the written examination. No employee of the office performing field inspections or supervising the field inspections shall be approved as an inspector on any construction project pursuant to this chapter for a period of one year after leaving employment of the office. (2) The office shall develop regulations for the testing and approval of inspectors.