CHAPTER 3. Construction of School Buildings

Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3.

§§ 17251–17376 · 103 sections

1. ARTICLE 1. State Department of Education: Powers and Duties §§ 17251–17256 · 6 sections

   • § 17251 The department shall: (a) Upon the request of the governing board of a school district, advise the governing board of the school district on the acquisition of…
   • § 17251.5 Notwithstanding any law, when using exclusively local funds for acquisition of a potential schoolsite, a school district is not required to receive final…
   • § 17252 All money collected by the State Department of Education under the provisions of this article shall be available for the use of the department pursuant to…
   • § 17253 (a) The Legislature finds and declares the following: (1) The Department of Water Resources, pursuant to Division 3 (commencing with Section 6000) of the Water…
   • § 17255 The Energy Resources Conservation and Development Commission shall, in consultation with the State Department of Education and the Division of the State…
   • § 17256 The department and the Office of Public School Construction shall each develop regulations that provide local educational agencies with flexibility in the…
2. ARTICLE 2. Plans §§ 17260–17268 · 9 sections

   • § 17260 As used in this article “school buildings” shall have the same meaning as in Section 17283.
   • § 17261 The State Allocation Board shall obtain construction plans for school buildings appropriate for school districts in various climates and geographical…
   • § 17262 Any school district may request sets of the plans and specifications obtained by the State Allocation Board as appropriate for use in constructing a school…
   • § 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…
   • § 17264 (a) Commencing January 1, 1992, all plans and specifications for the construction of a new or modernized elementary school building shall be designed to…
   • § 17265 All provisions of Sections 17280 to 17313, inclusive, are made applicable to school buildings as defined in Section 17283 constructed from plans and…
   • § 17266 The district shall furnish its own architect or structural engineer, or both, for necessary structural engineering and supervision of construction.
   • § 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…
   • § 17268 (a) The governing board of a school district that elects not to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) may not approve…
3. ARTICLE 3. Approvals §§ 17280–17317 · 44 sections

   • § 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…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 17283.5 (a) For the purposes of this article, Article 5 (commencing with Section 17350), and Article 6 (commencing with Section 17365), “school building” does not…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 17289 In order to provide alternative, community-based educational opportunities through independent study, any school district or county office of education may…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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 one hundred…
   • § 17296 Notwithstanding any other law, a school-based facility providing social services or support services, or health care, that is established through agreements…
   • § 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,…
   • § 17298 Before the commencement of any fabrication, construction, or alteration of a relocatable school building of a type previously approved by the Department of…
   • § 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…
   • § 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…
   • § 17301 (a) (1) 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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…
   • § 17308 (a) The Legislature finds and declares that a number of serious discrepancies in the interpretation of the structural standards and architectural barrier…
   • § 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…
   • § 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…
   • § 17311 (a) The Department of General Services shall make the inspection of the school buildings and of the work of construction or alteration as in its judgment is…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 17317 (a) The Department of General Services shall, in consultation with the Seismic Safety Commission, conduct an inventory of public school buildings that are…
4. ARTICLE 3.3. Collaborative Process for Project Development and Review § 17319 · 1 section

   • § 17319 (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…
5. ARTICLE 3.5. Earthquake Construction of Private Schools §§ 17320–17336 · 17 sections

   • § 17320 This article shall be known and may be cited as the Private Schools Building Safety Act of 1986.
   • § 17321 The Legislature finds and declares all of the following: (a) Most of California is subject to potentially devastating, large-magnitude earthquakes. (b) Earth…
   • § 17322 It is the intent of the Legislature that children attending private schools be afforded life safety protection similar to that of children attending public…
   • § 17323 For the purposes of this article: (a) “Construction or alteration” means any construction of, addition to, reconstruction of, or structural alteration to any…
   • § 17324 The appropriate enforcement agency that meets the requirements of Sections 17331 and 17332 shall review the design and inspect the construction,…
   • § 17325 Private school structures of one-story Type V and Type II N construction, as defined by the Uniform Building Code, that are 2,000 square feet or less in floor…
   • § 17326 (a) Prior to adopting any drawings or specifications for the private school structure, the governing board, authority, owner, corporation, or other agency…
   • § 17327 The application for approval of the drawings and specifications for private school structures shall be accompanied by comprehensive and complete drawings,…
   • § 17328 The enforcement agency shall approve or reject all drawings and specifications for the construction or alteration of private school structures and in doing so…
   • § 17329 All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all…
   • § 17330 Except as provided in Section 17326, on or after July 1, 1987, construction of a private school structure shall not commence unless the structure’s drawings…
   • § 17331 During construction or alteration of a private school structure, the building owner shall provide for, and the local enforcement agency shall require, special…
   • § 17332 An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for a private school structure if the enforcement agency has…
   • § 17333 A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 17331 and 17332 shall obtain necessary qualified personnel to…
   • § 17334 During the construction of a private school structure, the enforcement agency shall require the engineer of record responsible for the structural design, or…
   • § 17335 Prior to the issuance of a Certificate of Occupancy, the engineer of record shall state in writing to the enforcement agency that, in exercising his or her…
   • § 17336 Any person who willfully violates this chapter is guilty of a misdemeanor.
6. ARTICLE 4. Building Schoolhouses §§ 17340–17343 · 3 sections

   • § 17340 The governing board of any school district may, and when directed by a vote of the district shall, build and maintain a schoolhouse.
   • § 17342 The governing board of any school district, whenever in its judgment it is desirable to do so, may establish additional schools in the district.
   • § 17343 The governing board of any school district may purchase property and construct and equip buildings in an area after the legal action has been taken that will…
7. ARTICLE 5. Factory-Built School Buildings §§ 17350–17360 · 11 sections

   • § 17350 It is the intent of this article to provide an alternative procedure to Article 3 (commencing with Section 17280) for the construction and installation of…
   • § 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…
   • § 17352 A manufacturer of factory-built buildings designed or intended for use as school buildings shall submit to the Department of General Services and the State…
   • § 17353 All plans, specifications and estimates shall be prepared by a certified architect holding a valid license under Chapter 3 (commencing with Section 5500) of…
   • § 17354 The Department of General Services, in accordance with standards and procedures adopted pursuant to Section 17351, and as such standards and procedures may…
   • § 17355 The Department of General Services shall provide for competent, adequate, and continuous inspection during construction in the factory to insure that all work…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
8. ARTICLE 6. Fitness for Occupancy §§ 17365–17374 · 10 sections

   • § 17365 The Legislature finds and declares as follows: (a) By an urgency act (Stats. 1933, Ch. 59), the Legislature at the 1933 General Session established reasonable…
   • § 17366 It is the intent of the Legislature to reexamine the progress under this article from time to time. To enable it to do so, and to expedite the provision of…
   • § 17367 The governing board of any school district which has in use for school purposes any school buildings which were not constructed under approved plans and the…
   • § 17368 “School building” as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher…
   • § 17369 “School building” as used in this article excludes any building operated by an official or board of a public entity for purposes other than educational,…
   • § 17370 Except as provided in Section 17371, nothing in this article shall be construed as relieving any member of the governing board of a school district of any…
   • § 17371 No member of the governing board of a school district shall be held personally liable for injury to persons or damage to property resulting from the fact that…
   • § 17372 No school building examined and found to be unsafe for school use pursuant to Section 17367 and not repaired or reconstructed in accordance with the provisions…
   • § 17373 Notwithstanding any other provision of this article or Article 9 (commencing with Section 16310) of Chapter 6 of Part 10, whenever a school district does not…
   • § 17374 Any revenue derived from an increase in the rate of tax provided by Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, prior to…
9. ARTICLE 7. Full-Day Kindergarten Facilities Grant Program §§ 17375–17376 · 2 sections

   • § 17375 (a) (1) The California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program is hereby established, under the administration…
   • § 17376 (a) If the board determines that a school district or county office of education is in default, or projected to default, with the requirements of any programs…