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SB-785 Hospital buildings.(1993-1994)

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Senate Bill No. 785
CHAPTER 260

An act to amend Sections 15001, 15047, 15051, 15055, 15080, and 15081 of, add Sections 15082, 15084, and 15084.5 to, to repeal Section 15085 of, and to amend and renumber Sections 15083, 15084, and 15086 of, the Health and Safety Code, relating to hospital buildings.

[ Filed with Secretary of State  August 02, 1993. Approved by Governor  July 30, 1993. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 785, Wright. Hospital buildings.
Existing law establishes the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983. Existing law requires all fees paid under the act to be credited to the Hospital Building Account in the Architecture Public Building Fund.
This bill would instead require the fees to be credited to the Hospital Building Fund, which would be created by the bill.
Existing law requires the office to consult with the Department of General Services in approving any inspector for the inspection of hospital buildings and of the work of construction or alteration of hospital buildings.
This bill would delete that requirement.
Existing law requires the office to make certain rules and regulations, and adopt and submit building standards relating to seismic structural safety for hospital buildings.
This bill would, instead, require the office to make those rules and regulations, and propose and submit building standards relating to seismic safety for hospital buildings to the California Building Standards Commission for adoption and approval, pursuant to the law governing approval of building standards.
Existing law establishes the Building Safety Board in the office, with prescribed membership and duties.
This bill would change the name of the board to the “Hospital Building Safety Board” and would change its membership and duties.

The people of the State of California do enact as follows:


SECTION 1.

 Section 15001 of the Health and Safety Code is amended to read:

15001.
 It is the intent of the Legislature that hospitals, which house patients who have less than the capacity of normally healthy persons to protect themselves, and which must be reasonably capable of providing services to the public after a disaster, shall be designed and constructed to resist, insofar as practical, the forces generated by earthquakes, gravity, and winds. In order to accomplish this purpose, the Legislature intends to establish proper building standards for earthquake resistance based upon current knowledge, and intends that procedures for the design and construction of hospitals be subjected to independent review. It is the intent of the Legislature to preempt from local jurisdictions the enforcement of all building standards published in the California Building Standards Code relating to the regulation of hospital projects and the enforcement of other regulations adopted pursuant to this chapter, and all other applicable state laws, including plan checking and inspection of the design and details of the architectural, structural, mechanical, plumbing, electrical, and fire and panic safety systems, and the observation of construction. The Office of Statewide Health Planning and Development shall assume these responsibilities by establishing, maintaining, and operating separate, but coordinated, plan review and field inspection units within the statewide office.
It is the intent of the Legislature that where local jurisdictions have more restrictive requirements for the enforcement of building standards, other building regulations, and construction supervision, these requirements shall be enforced by the statewide office.
It shall be the responsibility of each local jurisdiction to keep the Office of Statewide Health Planning and Development advised as to the existence of any more restrictive local requirements. Where a reasonable doubt exists as to whether the requirements of the local jurisdiction are more restrictive, the effect of these requirements shall be determined by the Hospital Building Safety Board.
It is further the intent of the Legislature that the Office of Statewide Health Planning and Development, with the advice of the Hospital Building Safety Board, may conduct or enter into contracts for research regarding the reduction or elimination of seismic or other safety hazards in hospital buildings or research regarding hospital building standards.

SEC. 2.

 Section 15047 of the Health and Safety Code is amended to read:

15047.
 All fees shall be paid into the State Treasury and credited to the Hospital Building Fund, which is hereby created and continuously appropriated without regard to fiscal years for the use of the statewide office, subject to approval of the Department of Finance, in carrying out this chapter. Adjustments in the amounts of the fees, as determined by the statewide office and approved by the Department of Finance, shall be made within the limits set in Section 15046 in order to maintain a reasonable working balance in the account. Notwithstanding any other provision of law, any moneys collected pursuant to this chapter contained in the hospital building fund established by the Department of Finance, that are in the fund on January 1, 1994, shall be available for expenditure in accordance with this section.

SEC. 3.

 Section 15051 of the Health and Safety Code is amended to read:

15051.
 (a)  The hospital governing board or authority shall provide for and require competent and adequate inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer, or both, and the statewide office. Except as otherwise provided in subdivision (b), the inspector shall act under the direction of the architect or structural engineer, or both, and be responsible to the board or authority. Nothing in this section shall be construed to prohibit any licensed architect, structural engineer, mechanical engineer, electrical engineer, or any facility maintenance personnel, if approved by the statewide office, from performing the duties of an inspector.
(b)  If alterations or repairs are to be conducted under the supervision of a professional engineer pursuant to Section 15048, the inspector need only be satisfactory to the statewide office and to the professional engineer, and the inspector shall act under the direction of the professional engineer.
(c)  The statewide office shall make an inspection of the hospital buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this chapter and the protection of the safety of the public.
Whenever the statewide office finds a violation of this chapter which requires correction, the citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated.
(d)  The statewide office shall approve one or more classes of inspectors that shall include, but not be limited to, all of the following:
(1)  “A” inspectors, who may inspect all phases of construction, including, but not limited to, structural.
(2)  “B” inspectors, who may inspect all phases of construction, except structural.
(3)  “C” inspectors, who may inspect all phases of construction projects that the statewide office determines do not materially alter the mechanical, electrical, architectural, or structural integrity of the health facility.

SEC. 4.

 Section 15055 of the Health and Safety Code is amended to read:

15055.
 Except as provided in Sections 18929 and 18930, the statewide office shall from time to time make rules and regulations as it deems necessary, proper, or suitable to effectually carry out this chapter. The statewide office shall also propose and submit building standards to the California Building Standards Commission for adoption and approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 relating to seismic safety for hospital buildings.

SEC. 5.

 Section 15080 of the Health and Safety Code is amended to read:

15080.
 There is in the statewide office a Hospital Building Safety Board that shall be appointed by the director. The board shall advise the director and, notwithstanding Section 13142.6 and except as provided in Section 18945, shall act as a board of appeals in all matters relating to the administration and enforcement of building standards relating to the design, construction, alteration, and seismic safety of hospital building projects submitted to the statewide office pursuant to this chapter.
Further, notwithstanding Section 13142.6, the board shall act as the board of appeals in matters relating to all fire and panic safety regulations and alternate means of protection determinations for hospital building projects submitted to the statewide office pursuant to this chapter.

SEC. 6.

 Section 15081 of the Health and Safety Code is amended to read:

15081.
 The board shall consist of 16 members appointed by the director of the statewide office. Of the appointive members, two shall be structural engineers, two shall be architects, one shall be an engineering geologist, one shall be a geotechnical engineer, one shall be a mechanical engineer, one shall be an electrical engineer, one shall be a hospital facilities manager, one shall be a local building official, one shall be a general contractor, one shall be a fire and panic safety representative, one shall be a hospital inspector of record, and three shall be members of the general public.

SEC. 7.

 Section 15082 is added to the Health and Safety Code, to read:

15082.
 (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 successor or until one year has elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. The director may remove any member of the board for neglect of duty or other just cause.
(b)  The terms of the appointive members of the board who are in office before January 1, 1994, shall expire as follows:
(1)  The terms of two members shall expire January 1, 1994.
(2)  The terms of two members shall expire January 1, 1995.
(3)p  The terms of two members shall expire January 1, 1996.
(4)  The terms of two members shall expire January 1, 1997.
(5)  The terms of three members shall expire January 1, 1998.
(6)  The terms of three members shall expire January 1, 1999.
The terms shall expire in the same relative order as the original appointment dates.
(c)  Vacancies occurring during a term shall be filled by appointment for the unexpired term.

SEC. 8.

 Section 15083 of the Health and Safety Code is amended and renumbered to read:

15085.
 The chair of the board shall be an appointive member and shall be elected by a majority of the appointive members.

SEC. 9.

 Section 15084 of the Health and Safety Code is amended and renumbered to read:

15086.
 The board shall be served by an executive director who shall be a member of the statewide office staff.

SEC. 10.

 Section 15084 is added to the Health and Safety Code, to read:

15084.
 (a)  There shall be six ex officio members of the board, who shall be the director of the statewide office, the State Fire Marshal, the State Geologist, the Executive Director of the California Building Standards Commission, the State Director of Health Services, and the Deputy Director of the Division of Facilities Development in the statewide office, or their officially designated representatives.
(b)  The director may also appoint up to three additional ex officio members, with the advice of the chair. On January 1, 1994, director-appointed ex officio members may continue to serve until appointment of their successors by the director.

SEC. 11.

 Section 15084.5 is added to the Health and Safety Code, to read:

15084.5.
 (a)  Only appointed members shall vote at board meetings.
(b)  Appointed members, ex officio members, and others appointed to a committee, including an appeal committee, by the chair, may vote at committee meetings.

SEC. 12.

 Section 15085 of the Health and Safety Code is repealed.

SEC. 13.

 Section 15086 of the Health and Safety Code is amended and renumbered to read:

15083.
 Appointive members, except for the public members, shall be qualified by close connection with hospital design and construction and highly knowledgeable in their respective fields with particular reference to seismic safety. Appointive members, except for the public members, shall be appointed from nominees recommended by the governing bodies of the Structural Engineers Association of California; the American Institute of Architects; the Earthquake Engineering Research Institute; the Association of Engineering Geologists; the Consulting Engineers and Land Surveyors of California; the California Association of Local Building Officials; the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc.; the California Association of Hospitals and Health Systems; the Associated General Contractors of California; the American Construction Inspectors’ Association; and the California Fire Chiefs’ Association. Board members shall be residents of California.