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