BILL NUMBER: AB 1099 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Fuller
FEBRUARY 27, 2009
An act to amend Section 17315 Sections
17309, 17315, 81141, and 81147 of the Education Code, relating
to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1099, as amended, Fuller. School facilities: construction.
Existing law, the Field Act, requires the Department of General
Services under the police power of the state to supervise the design
and construction of a school building , as defined, or the
reconstruction or alteration of, or addition to, a school building,
if not exempted under specified law, to ensure that plans and
specifications comply with adopted rules and regulations and building
standards published in regulations, and to ensure that the work of
construction is performed in accordance with the approved plans and
specifications for the protection of life and property. As the
work of construction or alteration progresses and when the department
requires, the licensed architect or structural engineer in charge of
observing construction or registered engineer in charge of
observing other work, the inspector on the work, and the
contractor are each required to submit reports, based on personal
knowledge, as defined, to the department that the work and materials
comply with the approved plans and specifications. When the
construction is completed, notice of completion is filed, specified
reports are submitted to the department, and all required fees are
paid, the department is required to issue a certification that the
school building complies with the requirements of the Field Act.
This bill would eliminate the requirement that the contractor
submit periodic reports to the department that the work and
materials comply with the approved plans and specifications and would
eliminate the requirement that notice of completion be filed before
the department issues a certification that the school building
complies with the Field Act requirements. The bill also
would make technical, nonsubstantive changes to the
above provision regarding certification of completion
these provisions .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17309 of the
Education Code is amended to read:
17309. From (a)
From time to time, as the work of construction or alteration
progresses and whenever the Department of General Services requires,
the licensed architect or structural engineer in charge of
observation of observing construction or
registered engineer in charge of observation of
observing other work, and the inspector on the
work, and the contractor shall each make to the
Department of General Services a report, duly verified by him or her,
upon a form prescribed by the Department of General Services, based
upon his or her own personal knowledge, indicating that the work
during the period covered by the report has been performed and
materials have been used and installed, in every material respect, in
compliance with the approved plans and specifications, setting forth
such detailed statements of fact as are required
by the Department of General Services.
The
(b) (1) The
term "personal knowledge" knowledge,"
as used in this section and as applied to the architect ,
and the registered engineer, means the personal knowledge
which that is obtained from periodic
visits to the project site of reasonable frequency for the purpose of
general observation of the work, and also which
that is obtained from the reporting of others as to the
progress of the work, testing of materials, inspection ,
and superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts is
required.
The
(2) The term "personal
knowledge" knowledge," as applied to the
inspector , means the actual personal knowledge
which that is obtained from his or her personal
continuous inspection of the work of construction in all stages of
its progress at the site where he is responsible for inspection and,
when work is carried out away from the site, that personal knowledge
which that is obtained from the
reporting of others on the testing or inspection of materials and
workmanship for compliance with plans, specifications or applicable
standards. The exercise of reasonable diligence to obtain the facts
is required.
The term "personal knowledge" as applied to the contractor means
the personal knowledge which is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts
is required.
SECTION 1. SEC. 2. Section 17315 of
the Education Code is amended to read:
17315. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed , the notice of completion is filed,
and all final verified reports and all testing and
inspection documents, as required by this article or as required by
the rules and regulations adopted pursuant to this article, are
submitted to, and on file with, the Department of General Services,
and all required fees paid by the school district, the department
shall issue a certification that the school building complies with
the requirements of this article. This article does not prevent
beneficial occupancy by a school district before this certification
is issued.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 39151
17309 , have not been submitted to the Department of General
Services due to the incapacitating illness, death, or the default of
persons required to file the reports, the Department of General
Services, upon written request of the school district, shall review
all of the project records and make the examinations it deems
necessary to enable it to certify that the school building otherwise
complies with the requirements of this article. The Department of
General Services may request the school district to have made,
reported, and verified any other tests and inspections that the
department deems necessary to complete its examinations of the
construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the school district.
The actual costs to perform the examinations, tests, and inspections
shall be an appropriate cost of the project to be paid from the
building funds of the district. Certification of the project by the
Department of General Services shall be withheld until all the costs
have been paid by the school district.
(d) This section shall not relieve an individual of his or her
responsibility to file verified reports, as required in Section
17309, or other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 17312.
SEC. 3. Section 81141 of the Education
Code is amended to read:
81141. From (a)
From time to time, as the work of construction or alteration
progresses and whenever the Department of General Services requires,
the licensed architect or structural engineer in charge of
observation of observing construction or
registered engineer in charge of observation of
observing other work, and the inspector on the
work , and the contractor shall each make to the
Department of General Services a report, duly verified by him or her,
upon a form prescribed by the Department of General Services, based
upon his or her own personal knowledge, indicating that the work
during the period covered by the report has been performed and
materials have been used and installed, in every material respect, in
compliance with the approved plans and specifications, setting forth
detailed statements of fact that are required by the Department of
General Services.
"Personal
(b) (1) "Personal
knowledge," as used in this section and as applied to the
architect and the registered engineer, means the personal knowledge
that is obtained from periodic visits to the project site of
reasonable frequency for the purpose of general observation of the
work, and also that is obtained from the reporting of others as to
the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts is
required.
"Personal
(2) "Personal knowledge," as
applied to the inspector, means the actual personal knowledge that is
obtained from his or her personal, continuous inspection of the work
of construction in all stages of its progress at the site where he
or she is responsible for inspection and, when work is carried out
away from the site, personal knowledge that is obtained from the
reporting of others on the testing or inspection of materials and
workmanship for compliance with plans, specifications, or applicable
standards. The exercise of reasonable diligence to obtain the facts
is required.
"Personal knowledge," as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts is
required.
SEC. 4. Section 81147 of the Education
Code is amended to read:
81147. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed , the notice of completion is filed,
and all final verified reports and all testing and
inspection documents, as required by this article or as required by
the rules and regulations adopted pursuant to this article, are
submitted to and on file with the Department of General Services, and
all required fees paid by the community college district, the
department shall issue a certification that the school building
complies with the requirements of this article. Nothing in
this article shall This article does not prevent
beneficial occupancy by a community college district prior
to the issuance of before this certification
is issued .
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons
required to file such the reports, the
Department of General Services shall , upon written
request of the community college district, shall review
all of the project records and make such the
examinations as it deems necessary to enable
it to certify that the school building otherwise complies with the
requirements of this article. The Department of General Services may
request the community college district to have made, reported, and
verified any other tests and inspections which
that the department deems necessary to complete its
examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the community college
district. The actual costs to perform the examinations, tests, and
inspections shall be an appropriate cost of the project to be paid
from the building funds of the district. Certification of the project
by the Department of General Services shall be withheld until all
the costs have been paid by the community college district.
(d) This section shall not relieve any an
individual of his or her responsibility to file verified
reports, as required in Section 81141, or any
other documents required by the rules and regulations adopted
pursuant to this article. This section shall not abrogate the
provisions of Section 81144.