PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675. - 130079.]
Part 7 added by Stats. 1995, Ch. 415, Sec. 9.
§§ 129675–130079 · 95 sections
CHAPTER 1. Health Facilities §§ 129675–130070 · 88 sections
ARTICLE 1. General Provisions §§ 129675–129680 · 2 sections
ARTICLE 2. Definitions §§ 129700–129745 · 10 sections
- § 129700 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 129705 “Architect” means a person who is certified and holds a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and…
- § 129710 “Construction or alteration” includes any construction, reconstruction, or alteration of, or addition to, any hospital building.
- § 129715 “Director” means the Director of the Department of Health Care Access and Development.
- § 129720 “Engineering geologist” means a person who is validly certified under Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions…
- § 129725 (a) (1) “Hospital building” includes any building not specified in subdivision (b) that is used, or designed to be used, for a health facility of a type…
- § 129730 (a) Space for the following functions shall be considered “outpatient clinical services,” when provided in a freestanding building that is separated from a…
- § 129735 “Light steel frame construction” means building construction using bearing walls composed of light gauge steel studs for its primary vertical support systems.
- § 129740 “Department” means the Department of Health Care Access and Information.
- § 129745 “Structural engineer” means a person who is validly certified to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3…
ARTICLE 3. General Requirements and Administration §§ 129750–129856 · 26 sections
- § 129750 The department shall observe the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it…
- § 129760 The governing board of each hospital or other hospital governing authority, before adopting any plans for the hospital building, shall submit the plans to the…
- § 129761 The department shall use, to the extent possible, information technology to facilitate the timely performance of its duties and responsibilities under this…
- § 129765 (a) Except as set forth in subdivision (b), the application for approval of the plans shall be accompanied by the plans, including full, complete, and accurate…
- § 129770 (a) The department shall pass upon and approve or reject all plans for the construction or the alteration of any hospital building, independently reviewing the…
- § 129775 (a) Except as otherwise provided in subdivision (b), plans submitted pursuant to this chapter for work that affects structural elements shall contain an…
- § 129780 The engineering investigation shall be correlated with the geologic evaluation made pursuant to Section 129775.
- § 129785 (a) (1) The department shall determine an application filing fee that will cover the costs of administering this chapter. For a hospital facility, as defined…
- § 129787 (a) The payment of the filing fee described in Section 129785 may be postponed by the department if all of the following conditions are met: (1) The proposed…
- § 129790 The department shall propose specific space, architectural, structural, mechanical, plumbing, and electrical standards for correctional treatment centers in…
- § 129795 All fees shall be paid into the State Treasury and credited to the Hospital Building Fund, that is hereby created and continuously appropriated without regard…
- § 129800 The director shall request the Department of Finance or the Auditor General to perform an audit of the uses of fees collected pursuant to Section 129785. This…
- § 129805 (a) All plans and specifications shall be prepared under the responsible charge of an architect or a structural engineer, or both. A structural engineer shall…
- § 129810 Before commencing any construction or alteration of any hospital building, the written approval of the necessary plans as to safety of design and construction,…
- § 129812 Notwithstanding any other provision of law, the department may utilize an over-the-counter plan review process.
- § 129815 Any permit or authorization issued or provided pursuant to this chapter shall be subject to Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3…
- § 129820 No contract for the construction or alteration of any hospital building, made or executed on or after January 1, 1983, by the governing board or authority of…
- § 129825 (a) The hospital governing board or authority shall provide for and require competent and adequate inspection during construction or alteration by an inspector…
- § 129830 From time to time, as the work of construction or alteration progresses and whenever the department requires, the architect or structural engineer, or both, in…
- § 129835 Upon written request to the department by the governing board or authority of any hospital, the department shall make, or cause to be made, an examination and…
- § 129840 Subsequent to the occurrence of any earthquake, the department may make, or cause to be made, studies of health facilities within the area involved.
- § 129850 Except as provided in Sections 18929 and 18930, the department shall from time to time make any regulations that it deems necessary, proper, or suitable to…
- § 129851 Written rules and regulations by the department to clarify the application of the California Building Standards Code pursuant to this chapter shall be made…
- § 129853 (a) The person or entity requesting a copy of construction documents maintained by the department shall bear the actual cost of producing the copy of those…
- § 129855 The department may enter into any agreements and contracts with any qualified person, department, agency, corporation, or legal entity, as determined by the…
- § 129856 (a) Contingent on an appropriation in the annual Budget Act, the department shall establish a program for training fire and life safety officers. The goal of…
ARTICLE 4. Special Requirements §§ 129875–129905 · 8 sections
- § 129875 Construction or alterations of buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall conform to the latest edition of the…
- § 129875.1 (a) Notwithstanding Section 129875, projects for the construction or alterations of buildings specified in paragraph (1) of subdivision (a) of Section 129725…
- § 129880 (a) The department may exempt from its plan review process construction or alteration projects for hospital buildings and buildings described in paragraphs (2)…
- § 129885 (a) A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described…
- § 129890 (a) Notwithstanding any other provision of law, the department shall, on or before January 1, 1991, set forth and implement criteria for the alteration or…
- § 129895 (a) The department shall adopt by regulations seismic safety standards for hospital equipment anchorages, as defined by the department, to include, but not be…
- § 129900 Notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, or any building specified in Section 129875,…
- § 129905 Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law,…
ARTICLE 5. Building Safety Board §§ 129925–129960 · 10 sections
- § 129925 There is in the department a Hospital Building Safety Board that shall be appointed by the director. The board shall advise the director and, notwithstanding…
- § 129930 The board shall consist of 16 members appointed by the director of the department. Of the appointive members, two shall be structural engineers, two shall be…
- § 129932 (a) Each member shall be appointed by the director for a term of four years and shall hold office until the appointment and qualification of his or her…
- § 129935 Appointive members, except for the public members, shall be qualified by close connection with hospital design and construction and highly knowledgeable in…
- § 129940 (a) There shall be six ex officio members of the board, who shall be the director of the department, the State Fire Marshal, the State Geologist, the Executive…
- § 129942 (a) Only appointed members shall vote at board meetings. (b) Appointed members, ex officio members, and others appointed to a committee, including an appeal…
- § 129945 The chair of the board shall be an appointive member and shall be elected by a majority of the appointive members.
- § 129950 The board shall be served by an executive director who shall be a member of the department staff.
- § 129955 The Building Safety Board shall convene upon request of the chairperson thereof. The chairperson may convene a meeting of the board whenever it may be…
- § 129960 Members of the board shall be reimbursed from the Hospital Building Account in the Architecture Public Building Fund for their reasonable actual expenses in…
ARTICLE 6. Enforcement §§ 129975–129990 · 4 sections
- § 129975 The director of the department may conduct studies relating to the implementation of this chapter to ensure that the implementation of its provisions results…
- § 129980 Whenever any construction or alteration of any hospital building is being performed contrary to the provisions of this chapter, the department may order the…
- § 129985 (a) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or whenever the department or its authorized…
- § 129990 The department may order the vacating of any building or structure found to have been in violation of the adopted regulations of the department and may order…
ARTICLE 7. Penalties § 129998 · 1 section
- § 129998 (a) Any person who violates any provision of this chapter is guilty of a misdemeanor. (b) This section shall not apply to correctional treatment centers. This…
ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals §§ 130000–130025 · 7 sections
- § 130000 (a) The Legislature hereby finds and declares the following: (1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 was created because of…
- § 130002 (a) The Legislature finds and declares all of the following: (1) Following a major earthquake, Californians will rely on their community hospitals to provide…
- § 130005 By June 30, 1996: (a) The Department of Health Care Access and Information, hereinafter called the department, shall develop definitions of earthquake…
- § 130006 (a) A hospital building that is classified as SPC-2 shall be identified as “These buildings do not significantly jeopardize life, but may not be repairable or…
- § 130010 The department is responsible for reviewing and approving seismic evaluation reports, compliance schedules and construction documents that are developed by…
- § 130020 (a) By December 31, 1996, the California Building Standards Commission shall review, revise as necessary and adopt earthquake performance categories, seismic…
- § 130025 (a) In the event of a seismic event, or other natural or manmade calamity that the department believes is of a magnitude so that it may have compromised the…
ARTICLE 9. Hospital Owner Responsibilities §§ 130050–130070 · 20 sections
- § 130050 (a) Within three years after the adoption of the standards described in Section 130020, owners of all general acute care hospitals shall: (1) Conduct seismic…
- § 130055 On and after July 1, 2023, general acute hospital building owners shall do both of the following annually until each of the hospital buildings owned by that…
- § 130060 (a) (1) After January 1, 2008, a general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life…
- § 130061 (a) An owner of a general acute care hospital building that is classified as a nonconforming Structural Performance Category-1 (SPC-1) building, who has not…
- § 130061.5 (a) The Legislature finds and declares the following: (1) By enacting this section, the Legislature reinforces its commitment to ensuring the seismic safety of…
- § 130062 (a) For the purposes of this section, the following terms have the following meanings: (1) “Rebuild plan” means a plan to meet seismic standards primarily by…
- § 130063 (a) With regard to a general acute care hospital building located in Seismic Zone 3 as indicated in the 1995 edition of the California Building Standards Code,…
- § 130063.1 Notwithstanding Section 130063, a county-owned general acute care hospital building is allowed an extension of the Non-structural Performance Category-2…
- § 130063.2 Notwithstanding Section 130063, an existing county-owned general acute care hospital building may receive a one-year extension of the January 1, 2002, deadline…
- § 130064 (a) In lieu of the extension described in subdivision (f) of Section 130060, the department may grant an extension to a general acute care hospital pursuant to…
- § 130065 (a) In accordance with the compliance schedule approved by the department, but in any case no later than January 1, 2030, owners of all acute care inpatient…
- § 130065.1 (a) For purposes of this article, the following definitions shall apply: (1) “Critical access hospital” means a hospital designated by the State Department of…
- § 130065.15 The department shall annually post a list of hospitals that have been granted a delay of the January 1, 2030, deadline described in Section 130065 pursuant to…
- § 130066 Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or…
- § 130066.5 (a) Before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety…
- § 130067 (a) Notwithstanding any other law, including, but not limited to Sections 130060 and 130061, the office may waive the requirements for the Seton Medical Center…
- § 130068 (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in…
- § 130069 (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in…
- § 130069.1 (a) Notwithstanding any other law, the Children’s Hospital Los Angeles, referenced in subdivision (c) of Section 10727 of the Welfare and Institutions Code,…
- § 130070 The department shall notify the State Department of Public Health of the hospital owners that have received a written notice of violation for failure to comply…
CHAPTER 1.5. Small and Rural Hospital Relief Program §§ 130075–130079 · 7 sections
- § 130075 The Small and Rural Hospital Relief Program is hereby established under the administration of the Department of Health Care Access and Information for the…
- § 130076 For purposes of this chapter: (a) “Department” means the Department of Health Care Access and Information. (b) “Fund” means the Small and Rural Hospital Relief…
- § 130077 (a) The Small and Rural Hospital Relief Fund is hereby established in the Treasury. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the…
- § 130078 (a) The department shall provide a grant to a qualified applicant that meets both of the following criteria: (1) Seismic safety compliance imposes a financial…
- § 130078.5 (a) The department shall expand eligibility for grants for single- and two-story general acute care hospitals located in rural areas with fewer than 80 general…
- § 130078.6 (a) If state funds are appropriated to the Small and Rural Hospital Relief Fund in the future for the purpose of complying with Section 130065, before being…
- § 130079 The department may adopt regulations necessary to implement this chapter.