17280-17317
EDUCATION CODE
SECTION 17280-17317
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) 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) 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.
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.
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.
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."
17282. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of school facilities that have
been damaged or destroyed by fire, earthquake, flood, or other
manmade or natural disasters, to return those school facilities to a
condition that makes them useful to school districts in the least
amount of time and at the lowest appropriate cost while maintaining
the integrity and safety of the structure as required by the laws of
this state.
(b) Notwithstanding any other law, if a school facility has been
damaged or destroyed by fire, earthquake, flood, or other manmade or
natural disaster, all reviews or approvals required by this article
shall be expedited. In no event shall any review or approval exceed
60 days, excluding weekends and holidays, from the date of receipt of
all complete plans, specifications, and documentation for the
facilities from the district.
(c) If, upon review, the plans or specifications require minor
amendment or modification, these minor amendments or modifications
shall not delay the completion of the review or approval beyond the
60-day requirement specified in subdivision (b) unless the amendment
or modification constitutes a major substantive change affecting the
entire project. While any minor amendments or modifications are being
undertaken, the remainder of the project shall continue under review
so that a timely and adequate review may be completed within the
60-day requirement of subdivision (b).
(d) A state agency that is required to perform any review or
approval under this article may hire additional personnel or incur
any additional costs necessary to perform the review or approval
within the time limits set forth in this section and shall charge the
district a fee not to exceed the actual cost of the review or
approval.
(e) As used in this section, "damaged" means damages to the extent
that occupancy is precluded based upon a report of an architect or a
structural engineer and the concurrence of the Department of General
Services in the report's conclusion that the occupancy of the
premises is precluded.
(f) The expedited review and approval required by this section
shall not apply if the documents are not submitted within six months
of the damage to, or destruction of, the facilities.
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.
17283. "School building" as used in this article means and includes
any building used, or designed to be used, for elementary or
secondary school purposes and constructed, reconstructed, altered, or
added to, by the state or by any city or city and county, or by any
political subdivision, or by any school district of any kind within
the state, or by any regional occupational center or program created
by or authorized to act by an agreement under joint exercise of
power, or by the United States government, or any agency thereof.
17284. Any school building, as defined in Section 17283, operated
by a county official, board, or commission which on the effective
date of this section is in violation of this article, if compliance
therewith was otherwise required, may be continued in use as a school
building after June 30, 1975, provided that no building shall be
operated after that date unless the county official, board, or
commission requests and obtains from the State Allocation Board
authority for use of the building for a specific period after that
date.
Concurrent with the request the county official, board, or
commission shall file with the State Allocation Board a statement or
resolution declaring an intention to utilize the building as a school
building after June 30, 1975, pending its repair, reconstruction, or
replacement.
The State Allocation Board shall not authorize the county
official, board, or commission to use the building after June 30,
1975, unless it has first determined that the affected authority has
already proceeded with a plan of total repair, reconstruction, or
replacement in a timely manner and the contract has been let for any
phase of, and work commenced on, the project.
In no event shall the State Allocation Board authorize the use of
these unsafe facilities for a period extending beyond the completion
of the replacement facilities or beyond June 30, 1977, whichever
occurs first.
17284.5. (a) Notwithstanding any provision of law to the contrary,
any waiver granted by the State Allocation Board to a school district
for use of a nonconforming existing private building acquired for
conversion for use as a school building, that had not expired prior
to January 1, 2000, is hereby extended until January 1, 2002, if the
work to make the building a conforming structure commenced prior to
January 1, 2001, but had not been completed by that date.
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. 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 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.
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).
17286. Where the primary use of either a building or complex within
which the building is situated, operated by an official or board of
a city, city and county or county, is for purposes other than
educational, such as, but not limited to, correctional, forestry, or
hospital purposes, the building shall not be considered to be a
"school building" within the meaning of Section 17283 notwithstanding
any educational use thereof incidental to the primary purpose.
17287. For the purposes of this article and Article 6 (commencing
with Section 17365), "school building" does not include (a) any
building of a school district or county superintendent of schools
which is used solely for classes or programs in outdoor science,
conservation, and forestry in accordance with Article 5 (commencing
with Section 8760) of Chapter 4 of Part 6 and which does not occupy,
in whole or in part, the same parcel of land upon which there is
situated any school maintained by the district or county
superintendent, or (b) agricultural education laboratory facilities
used primarily for plant and animal production or the storage of
materials, equipment, and supplies involved in this production.
17288. (a) Notwithstanding Section 17285, any high school pupil who
attends a class or classes on a campus of the University of
California or the California State University in order to receive
specialized educational services and opportunities authorized by
Chapter 6 (commencing with Section 58800) of Part 31 and any adult
attending a special education program established pursuant to Part 30
(commencing with Section 56000), is considered a pupil of that
campus for the purposes of Article 3 (commencing with Section 17280)
of Chapter 3 of Part 10.5. Any building or structure or portion of
building or structure that pupils occupy pursuant to this section
shall not be considered "school buildings" within the meaning of
Section 17283.
(b) The governing board of each school district, each county board
of education, or each county superintendent of schools, as
appropriate, shall notify, in writing, the parent or guardian of each
high school pupil who attends a class or classes authorized by
Chapter 6 (commencing with Section 58800) of Part 31 and each adult
attending a special education program established pursuant to Part 30
(commencing with Section 56000), prior to the pupil's attendance at
the class on a university campus that, although University of
California and California State University buildings are required to
conform to the rigorous standards of the Uniform Building Code (UBC),
the buildings on the university campuses may not meet the
requirements of Article 3 (commencing with Section 17280) of Chapter
3 of Part 10.5. This notice shall accompany, to the greatest extent
possible, any existing notification to parents or guardians regarding
specialized educational services and opportunities.
17289. In order to provide alternative, community-based educational
opportunities through independent study, any school district or
county office of education may request an exemption from the State
Allocation Board for a building or structure, or portion of a
building or structure, from the definition of "school buildings"
within the meaning of Section 17283. The exemptions may be granted
for no longer than two years and exemptions are renewable. An
exemption may only be granted if the school district or county office
of education demonstrates to the satisfaction of the State
Allocation Board all of the following:
(a) The building or structure, or portion of building or
structure, satisfies all of the following:
(1) It is not located on a regular schoolsite.
(2) It complies with all applicable local building standards and
all relevant local health and safety standards in the community in
which it is located.
(3) It is used for independent study.
(4) It serves fewer than 25 pupils enrolled in kindergarten or any
of the grades 1 to 12, inclusive, at any one time in the building or
structure, or in a portion of a building or structure where the
remainder of the building or structure is not used for instructional
purposes.
(b) The use of the building or structure is critical to providing
an effective alternative, community-based program.
(c) The use of other buildings or structures that would meet
seismic safety standards for school facilities is not practical.
17291. (a) An owned relocatable building or structure that is to be
used for school purposes shall be subject to the provisions of
Article 3 (commencing with Section 17280) and Article 6 (commencing
with Section 17365).
(b) Notwithstanding any other provision of law, this section shall
become operative on September 30, 1997.
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 that the relocatable building complies with the
requirements of this subdivision.
(8) The Department of General Services has issued a certification
of compliance with the requirements of this article.
(b) The Department of General Services 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.
17292.5. (a) If the governing board of a school district operates a
program for expelled pupils, the governing board shall do one or
more of the following:
(1) Utilize available school facilities that conform to the
requirements of 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.
(2) Apply for emergency portable classrooms pursuant to Chapter 25
(commencing with Section 17085) of Part 10.
(3) Enter into lease agreements for facilities, provided that the
facilities are limited to a structure where a structural engineer has
submitted a report that determines substantial structural hazards do
not exist.
(b) Before entering into any lease pursuant to paragraph (3) of
subdivision (a), the governing board of the school district shall
certify to the State Allocation Board that all reasonable efforts
have been made to locate the program in facilities that conform to
the structural safety standards listed in paragraph (1) of
subdivision (a).
(c) On or before September 1, 1996, and every three years
thereafter, each school district shall report to the State Allocation
Board on the facilities utilized for the operation of these programs
and efforts to place programs in facilities that conform with the
requirements of 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.
17293. (a) On or after January 1, 1993, if a county superintendent
or school district elects to operate a new or expanded pregnant and
parenting teen program pursuant to Chapter 6.5 (commencing with
Section 8910) of Part 6, the county superintendent or school district
may enter into lease agreements for school facilities as set forth
in subdivision (b), if both of the following conditions are met:
(1) All available school facilities that conform to the
requirements of Article 3 (commencing with Section 17280) and Article
6 (commencing with Section 17320) have been utilized.
(2) If facilities meeting the requirements of paragraph (1) are
not available, the school district or county superintendent of
schools has applied to lease or purchase emergency portable
classrooms pursuant to Chapter 14 (commencing with Section 17085) of
Part 10 and the application was either not approved, or the portable
classrooms approved will not meet the needs of the county
superintendent of schools or the school district.
(b) Notwithstanding any other provision of law, the county
superintendent or the school district may enter into lease agreements
as follows:
(1) The lease may be for a period of up to five years if a report
and certification of safety is prepared by a structural engineer that
verifies that the building meets local safety standards and that
substantial structural hazards do not exist. The county board of
education or school district governing board, as the case may be,
shall review the report and certification prior to the approval of
the lease and may reject the report if there is evidence of fraud
regarding the facts in the report.
(2) Before entering into any lease, the county superintendent or
the school district shall certify that all reasonable efforts have
been made to locate programs in facilities that conform to paragraph
(1) or (2).
17293. (a) On or after January 1, 1993, if a county superintendent
or school district elects to operate a new or expanded pregnant and
parenting teen program pursuant to Article 7.1 (commencing with
Section 54740) of Chapter 9 of Part 29, the county superintendent or
school district may enter into lease agreements for school facilities
as set forth in subdivision (b), if both of the following conditions
are met:
(1) All available school facilities conform to the requirements of
Article 3 (commencing with Section 17280) and Article 6 (commencing
with Section 17320).
(2) If facilities meeting the requirements of paragraph (1) are
not available, the school district or county superintendent of
schools has applied to lease or purchase emergency portable
classrooms pursuant to Chapter 14 (commencing with Section 17085) of
Part 10 and the application was either not approved or the portable
classrooms approved will not meet the needs of the county
superintendent of schools or the school district.
(b) Notwithstanding any other provision of law, the county
superintendent or the school district may enter into lease agreements
as follows:
(1) A report and certification of safety shall be prepared by a
structural engineer that verifies that the building meets local
safety standards and that substantial structural hazards do not
exist. The county board of education or school district governing
board, as the case may be, shall review the report and certification
prior to the approval of the lease and may reject the report if there
is evidence of fraud regarding the facts in the report. In addition,
the county board of education or the governing board of the school
district shall cause to be prepared and maintained on file a report
and certification of safety by a structural engineer every five years
from the date of the initial lease as long as the building continues
to be used and a statement that the building continues to meet local
safety standards and that structural hazards do not exist.
(2) Before entering into any lease, the county superintendent or
the school district shall certify that all reasonable efforts have
been made to locate programs in facilities that conform to paragraph
(1) or (2) of subdivision (a).
17294. "Construction or alteration" as used in this article
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
17295. (a) (1) 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.
(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 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.
(c) If a licensed structural engineer submits a report to the
Department of General Services 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 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 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.
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.
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.
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.
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.
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.
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.
17302. (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, 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.
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.
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.
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.
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.
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.
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.
17307.5. (a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Title 3 (commencing with Section 9000)
of Part 6 of Division 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.
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.
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.
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.
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.
17312. Any person who violates any of the provisions of this
article or makes any false statement in any verified report or
affidavit required pursuant to this article is guilty of a felony.
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.
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.
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.
17316.
(a) Any contract entered into by and between the governing board
of any school district and any certified architect or structural
engineer pursuant to Section 17302 shall provide that all plans,
including, but not limited to, record drawings, specifications, and
estimates prepared pursuant thereto, shall be and remain the property
of the school district for the purposes of repair, maintenance,
renovation, modernization, or other purposes, only as they relate to
the project for which the certified archi