81130. (a) The Department of General Services under the police
power of the state shall supervise the design and construction of any
school building or the reconstruction or alteration of, or addition
to, any school building, if not exempted under Section 81133, to
ensure that plans and specifications comply with the rules and
regulations adopted pursuant to this article and building standards
published in Title 24 of the California Code of Regulations, and to
ensure that the work of construction has been performed in accordance
with the approved plans and specifications, for the protection of
life and property. Nothing in this section shall be construed to
allow a community college district to perform work with its own
forces in excess of the limitations set forth in Article 41
(commencing with Section 20650) of Part 3 of Division 2 of the Public
Contract Code.
(b) Whenever repairs due to fire damage must be made to any school
building previously approved by the Department of General Services,
the approved plans and specifications used in the original work under
then existing rules, regulations, and building standards may be used
without modification, providing all other provisions of this article
are carried out.
81130.3. This article, together with Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365) of
Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050),
shall be known and may be cited as the "Field Act."
81130.5. (a) This article does not apply to an offsite building
during the time the building is used wholly or in part for community
college purposes, if the building is neither owned by a community
college district nor leased by a community college district under a
lease containing an option to purchase that building. For the
purposes of this section, an "offsite building" is a building that is
situated on land which is neither owned by a community college
district nor leased by a community college district under a lease
containing an option to purchase the land.
(b) "School building," as used in this article, means and includes
any building used, or designed to be used, for community college
purposes and constructed, reconstructed, altered, or added to, by the
state or by any city or city and county, by any political
subdivision, by any district of any kind within the state, 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.
(c) 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" as defined in this section, notwithstanding any
educational use thereof incidental to the primary purpose.
(d) For the purposes of this article and Article 8 (commencing
with Section 81160), "school building" does not include any of the
following:
(1) Any building of a community college district that is used
solely for classes or programs in outdoor science, conservation, and
forestry and that does not occupy, in whole or in part, the same
parcel of land upon which there is situated any school maintained by
the district.
(2) Agricultural facilities that were not built for classroom
purposes and that are used primarily for plant and animal production
or the storage of materials, equipment, and supplies involved in that
production.
(3) Animal kennels and facilities used to house animals as part of
an animal health instruction program.
(e) "Construction or alteration," as used in this article,
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
81130.6. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of community college
facilities that have been damaged or destroyed by fire, earthquake,
flood, or other manmade or natural disasters, to return those
community college facilities to a condition that makes them useful to
community college 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 community college 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.
81133. (a) The Department of General Services shall pass upon, and
approve or reject, all plans for the construction or, if the
estimated cost exceeds twenty-five thousand dollars ($25,000), the
alteration of any school building. To enable it to do so, the
governing board of each community college district and any other
school authority before adopting any plans for the school building
shall submit the plans to the Department of General Services for
approval, and shall pay the fees prescribed in this article.
(b) Notwithstanding subdivision (a), where the estimated cost of
reconstruction or alteration of, or addition to, a school building
exceeds twenty-five thousand dollars ($25,000), but does not exceed
one hundred thousand dollars ($100,000), a licensed structural
engineer shall examine the proposed project to determine if it is a
nonstructural alteration or a structural alteration. If he or she
determines that the project is a nonstructural alteration, he or she
shall prepare a statement so indicating. If he or she determines that
the project is structural, he or she shall prepare plans and
specifications for the project which shall be submitted to the
Department of General Services 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.
(5) 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 first be had and obtained.
(6) In each case the application for approval of the plans shall
be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates of
cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
(7) (A) The application shall be accompanied by a filing fee in
amounts as determined by the Department of General Services based on
the estimated cost according to the following schedule:
(i) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(ii) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
(B) The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount by
which the actual cost exceeds the amount of the estimated cost.
(8) (A) All fees collected under this article shall be paid into
the State Treasury and credited to the Public School Planning,
Design, and Construction Review Revolving Fund, and are continuously
appropriated, without regard to fiscal years, for the use of the
Department of General Services, subject to approval of the Department
of Finance, in carrying out this article.
(B) Adjustments in the amounts of the fees, as determined by the
Department of General Services and approved by the Department of
Finance, shall be made within the limits set in paragraph (7) in
order to maintain a reasonable working balance in the fund.
(9) No contract for the construction or alteration of any school
building, made or executed by the governing board of any community
college district or other public board, body, or officer otherwise
vested with authority to make or execute this contract, is valid, and
no public money shall be paid for any work done under this contract
or for any labor or materials furnished in constructing or altering
the building, unless the plans, specifications, and estimates comply
in every particular with the provisions of this article and the
requirements prescribed by the Department of General Services and
unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
(d) 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.
81133.1. (a) The Legislature finds and declares all of the
following:
(1) The purpose of the collaborative process for project
development and review is to ensure the public safety of community
college facilities through a collaborative, consistent and timely
project development and review process.
(2) The collaborative process for project development and review
may be made available, as an alternative to the traditional plan
review and approval process, to community college districts that
voluntarily apply to the Department of General Services.
(3) This process entails the early participation of all parties
involved in a project from project development and continuing through
plan review, construction and certification of community college
facilities projects. These parties include, but are not limited to,
the Department of General Services' staff and their qualified plan
review firms, and community college districts and their design
professionals.
(b) In consultation with the Board of Governors of the California
Community Colleges, the Department of General Services shall
establish procedures and requirements governing the use of the
collaborative process for project development and review alternative.
These procedures and requirements shall include an application and
selection process. Upon project selection, the Department of General
Services and the community college district shall mutually agree to
the roles and responsibilities of the Department of General Services,
the applicant community college district, and its design
professionals.
(c) As a part of the establishment of the requirements for the
collaborative process for project development and review, the
Department of General Services, in consultation with participating
community college districts, shall establish mutually determined
timeframe goals for a project's plan review, district and consultant
response, response review, and final approval. Those timeframe goals
shall reflect the project's estimated construction cost, complexity,
size, and other requirements of the collaborative process for project
development and review.
(d) The Department of General Services shall establish model
statewide timeframe goals, in consultation with community college
districts and other relevant parties, by February 1, 2007.
Implementation of the collaborative process for project development
and review with participating community college districts shall not
negatively impact the traditional plan review process with other
community college districts.
(e) The Department of General Services shall submit a preliminary
report to the Legislature by July 1, 2008, and a final report by July
1, 2009. These reports shall address whether the implementation of
the collaborative process for project development and review has
assisted the department and community college districts in meeting
their mutually determined timeframe goals.
(f) Notwithstanding Section 81133, the application for the
collaborative process for project development and review may be
accompanied by a filing fee from the community college district in
amounts determined by the Department of General Services based on the
estimated project cost and according to the filing fee schedule
identified in paragraph (7) of subdivision (c) of Section 81133. The
Department of General Services may establish a procedure for the
payment and collection of this filing fee.
(g) The department may assess a fee on a participating district to
cover the unreimbursed costs of the department incurred pursuant to
that district's participation in the collaborative process if the
department deems the assessment of the fee to be necessary for the
support of its operations and establishes a procedure for the
determination, collection, and deposit of the fee.
(h) During project development, the community college district may
provide input to the Department of General Services in its selection
of a qualified plan review firm to provide consultative services to
that department. Upon project submittal by the applicant community
college district, the department may also refer the necessary project
documents to the selected qualified plan review firm for plan
review. The department may establish procedures governing the use of
this section by applicant community college districts for the
selection of a qualified plan review firm.
81133.2. (a) The Department of General Services shall provide
training, on an ongoing basis, to its employees and to the employees
of architectural and structural engineering firms that contract with
the department for the purposes of this chapter. The training shall
address all phases of the plan review process established under this
chapter, and shall be designed to ensure that all individuals who
develop and review college building plans obtain sufficient knowledge
of the rules, regulations, and standards that apply under this
chapter.
(b) The department shall make the training described in
subdivision (a) available to the employees of architectural and
structural engineering firms that contract with applicant community
college districts for the purpose of this chapter, and to any other
individuals, firms, and governmental agencies that are involved in
college building design, construction, or inspection, and that may
benefit from the training.
(c) The department may charge a fee for training provided pursuant
to this subdivision.
81133.5. (a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Title 15 (commencing with Section
3082) of Part 4 of the Civil Code, the Department of General Services
may issue a stop work order when construction work on a community
college is not being performed in accordance with existing law and
would compromise the structural integrity of the building, thereby
endangering the public safety. The Department of General Services
shall allow construction of incidental and minor nonstructural
additions or nonstructural alterations without invoking its stop work
authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81133.5. (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
community college is not being performed in accordance with existing
law and would compromise the structural integrity of the building,
thereby endangering the public safety. The Department of General
Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81134. (a) The Department of General Services shall establish one
or more methods to ensure that each application has been completed
sufficiently by the applicant to enable the plan review to be
performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant's plans. Within 10 days of being so notified, the applicant
shall make an election to either use the Department of General
Services for the review of the applicant's plans or, request that the
plan review be performed by one or more qualified plan review firms
pursuant to Sections 81135 and 81136. If the applicant elects to use
the services of the Department of General Services for review of the
applicant's plans, the department, as it deems necessary to expedite
review of the applicant's plans, in addition to making a good faith
effort to hire state employees, shall do one or more of the
following:
(1) Contract for assistance from one or more qualified plan review
firms pursuant to Sections 81135 and 81136.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving the
notifications required under this subdivision, an employee of the
applicant community college district and either the applicant's
architect or structural engineer. The Department of General Services
immediately shall notify that employee, and the identified architect
or structural engineer, when each of the following steps in the plan
review process occurs:
(1) The department requests the applicant's architect or
structural engineer to correct or complete any part of the
application.
(2) An application number is assigned to the application.
(3) Review of the applicant's plans is commenced.
(4) Review of the applicant's plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant's architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
81135. (a) Unless the context otherwise requires, the definitions
set forth in this section govern the construction of this article.
(1) "Prequalified list" means a list of qualified firms
established by the Department of General Services to perform specific
types of plan review services.
(2) "Qualified plan review firm" means an individual, firm, or the
building official of a city, county, or city and county, as defined
in Section 18949.27 of the Health and Safety Code, or the authorized
representative of that building official that is identified by the
Department of General Services as having appropriate expertise and
knowledge of the requirements that apply to school buildings under
this article.
(b) The department shall establish and maintain a list of
qualified plan review firms, and shall make that list available, upon
request, to community college districts and other interested
parties.
(c) Notwithstanding Section 14952 of the Government Code, the
Department of General Services shall contract with sufficient numbers
of qualified plan review firms for assistance in performing the plan
review required under the Field Act.
(d) At the discretion of the Department of General Services,
contracts for a qualified plan review firm made pursuant to this
article may be advertised and awarded in accordance with this
section.
(e) (1) The Department of General Services may establish
prequalified lists of qualified firms in accordance with this
subdivision.
(2) (A) For each type of plan review for which the department
elects to use the process established by this section for advertising
and awarding contracts, the Department of General Services may
request statements of qualifications from interested firms.
(B) The request for statements of qualifications shall be
announced statewide through the California State Contracts Register
and publications of relevant professional societies.
(C) Each announcement shall describe the general scope of services
to be provided within each generic project category for plan review
services that the Department of General Services anticipates may be
awarded during the period covered by the announcement. For the
purposes of this section, a generic project category shall be defined
in a manner that each specific project to be awarded within a
respective discipline meets all of the following requirements:
(i) The project is substantially similar to all other projects
within that discipline.
(ii) The project is within the same size range and geographical
area.
(iii) The project requires substantially similar skills and
magnitude of professional effort as compared to every other project
within that discipline.
(3) The Department of General Services shall evaluate the
statements of qualifications, and develop a list of qualified plan
review firms that meet the criteria established and published by the
Department of General Services. Interviews may be held to determine a
firm's qualifications. Lists of qualified plan review firms shall be
maintained by the Department of General Services for not more than
four years.
(4) During the term of a prequalified list, as specific projects
are identified by the Department of General Services as being
eligible for contracting, the Department of General Services shall
contact a firm on the prequalified list, on a rotational basis, for
both of the following purposes:
(A) To distribute the work in a fair and equitable manner.
(B) To determine that the firm has sufficient staff and is
available for performance of the project.
(5) If the contacted firm is not available, the Department of
General Services shall continue to contact firms on the prequalified
list, on a rotational basis, until an available firm is identified.
(6) The Department of General Services shall negotiate a contract
for the services with the identified firm, including a price and
timeframe that it determines is fair and reasonable.
(7) If the identified plan review firm is unable to negotiate a
satisfactory contract with the Department of General Services, the
department shall terminate negotiations, and shall undertake
negotiations, on a rotational basis, with the next firm available for
performance from the prequalified list until a successful
negotiation is achieved. If the Department of General Services is
unable to negotiate a satisfactory contract with a firm on two
separate occasions, that firm may be removed from the prequalified
list.
(f) Contracts for plan review services that the Department of
General Services elects to advertise and award in accordance with
this section are not subject to Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code.
81136. (a) Upon submitting a complete application for review under
this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 81135. The department
immediately shall grant the request and refer the necessary documents
to a qualified plan review firm if the applicant so requests. Upon
completing the review, the qualified plan review firm shall submit
the documents referred to it for the review of the application,
together with the results of its review, to the Department of General
Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
81138. (a) Except as provided in subdivision (b), all plans,
specifications, and estimates shall be prepared by a licensed
architect holding a valid certificate under Chapter 3 (commencing
with Section 5500) of Division 3 of the Business and Professions Code
or by a structural engineer holding a valid certificate to use the
title structural engineer under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, and the
observation of the work of construction shall be under the
responsible charge of such an architect or structural engineer.
(b) For the purposes of this section, a mechanical or electrical
engineer holding a valid certificate under Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code may
be in responsible charge of preparation of plans, specifications,
and estimates, and observation of the work of construction where the
work is, as determined by the Department of General Services, 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.
81141. From time to time, as the work of construction or alteration
progresses and whenever the Department of General Services requires,
the licensed architect or structural engineer in charge of
observation of construction or registered engineer in charge of
observation of other work, the inspector on the work, and the
contractor shall each make to the Department of General Services a
report, duly verified by him or her, upon a form prescribed by the
Department of General Services, based upon his or her own personal
knowledge, indicating that the work during the period covered by the
report has been performed and materials have been used and installed,
in every material respect, in compliance with the approved plans and
specifications, setting forth detailed statements of fact that are
required by the Department of General Services.
"Personal knowledge," as used in this section and as applied to
the architect and the registered engineer, means the personal
knowledge that is obtained from periodic visits to the project site
of reasonable frequency for the purpose of general observation of the
work, and also that is obtained from the reporting of others as to
the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts is
required.
"Personal knowledge," as applied to the inspector, means the
actual personal knowledge that is obtained from his or her personal,
continuous inspection of the work of construction in all stages of
its progress at the site where he or she is responsible for
inspection and, when work is carried out away from the site, personal
knowledge that is obtained from the reporting of others on the
testing or inspection of materials and workmanship for compliance
with plans, specifications, or applicable standards. The exercise of
reasonable diligence to obtain the facts is required.
"Personal knowledge," as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts is
required.
81142. Except as provided in Section 18930 of the Health and Safety
Code, the Department of General Services may from time to time make
such rules and regulations as it deems necessary, proper, or suitable
to carry out the provisions of this article.
The Department of General Services shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code for the purposes described in this article.
81143. The State Department of General Services shall make such
inspection of the school buildings and of the work of construction or
alteration as in its judgment is necessary or proper for the
enforcement of this article and the protection of the safety of the
students, the instructors, and the public. The community college
district, city, city and county, or the political subdivision within
the jurisdiction of which any school building is constructed or
altered shall provide for and require competent, adequate, and
continuous inspection during construction or alteration by an
inspector satisfactory to the architect or structural engineer and
the Department of General Services. The inspector shall act under the
direction of the architect or structural engineer as the board may
direct, and be responsible to the governing board.
81144. Any person who knowingly violates any of the provisions of
this article or fraudulently makes any false statement in any
verified report or affidavit required pursuant to this article, is
guilty of a felony.
81146. Any public school building which has been approved by the
Department of General Services for occupancy shall be deemed to meet
the local building requirements for use as a private school.
81147. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed, the notice of completion is filed, and all
final verified reports and all testing and inspection documents, as
required by this article or as required by the rules and regulations
adopted pursuant to this article, are submitted to and on file with
the Department of General Services, and all required fees paid by the
community college district, the department shall issue a
certification that the school building complies with the requirements
of this article. Nothing in this article shall prevent beneficial
occupancy by a community college district prior to the issuance of
this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons required to file such
reports, the Department of General Services shall, upon written
request of the community college district, review all of the project
records and make such examinations as it deems necessary to enable it
to certify that the school building otherwise complies with the
requirements of this article. The Department of General Services may
request the community college district to have made, reported, and
verified any other tests and inspections which the department deems
necessary to complete its examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the community college
district. The actual costs to perform the examinations, tests, and
inspections shall be an appropriate cost of the project to be paid
from the building funds of the district. Certification of the project
by the Department of General Services shall be withheld until all
the costs have been paid by the community college district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
81141, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 81144.
81149. (a) Notwithstanding any provision of law, a community
college district may acquire for use any facility previously used by
the United States military and closed as a result of action by the
federal Defense Base Closure and Realignment Commission, or purchase
any offsite building constructed prior to January 1, 1998 that meets
the structural requirements of the 1976 Uniform Building Code, or
subsequent additions to that code, but that does not meet the
requirements of Section 81130, for use as a school building, as
defined in Section 81130.5, if the governing board of the district
finds that all of the following conditions have been met:
(1) A structural engineer has inspected the building or facility
and submitted a report to the governing board of the community
college district that certifies that the building or facility is in
substantial compliance with the requirements of this article, or
describes in detail any structural modifications necessary to render
the building or facility in substantial compliance with this article.
For purposes of this section, substantial compliance with this
article means that the building or facility is likely to resist,
without catastrophic collapse, earthquake forces generated by major
earthquakes of the intensity and severity of the strongest
experienced in California, but may experience some reparable
architectural or structural damage. This requirement is satisfied if
the structural engineer affixes his or her seal of approval to the
report and he or she attests in that report that to the best of his
or her knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building or facility, to the extent those items are available.
(B) 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 nonstructural elements,
including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
(2) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (1) to the
Department of General Services for its review. Within 45 working
days, the Department of General Services shall review the report for
compliance with the above requirements, to provide feedback to the
structural engineer regarding any insufficiencies with the report,
and to determine whether or not the building or facility is in
substantial compliance with the requirements of this article, or
whether any proposed structural modifications will render the
structure in substantial compliance with this article. If the
Department of General Services does not respond within 45 working
days of the submission of the final and complete report, the
department will be deemed to have concurred with the structural
engineer's report. If structural modifications are necessary to
achieve substantial compliance with this article, plans shall be
submitted to the department for review and approval. Construction
shall be completed in compliance with the continuous inspection
requirements of this article.
(b) (1) No member of the governing board of a community college
district, and no employee of a community college district, shall be
held personally liable for injury to persons or damage to property
resulting from the fact that the governing board of the community
college district purchased a building or facility pursuant to this
subdivision for a school and the building or facility was not
constructed pursuant to the requirements of Section 81130.
(2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a building or
facility pursuant to this subdivision for a school if the building or
facility was not constructed pursuant to the requirements of Section
81130. The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district, the governing board, or the district's
employees pursuant to Section 835 of the Government Code.
(3) Section 81144 is not applicable to a person who, pursuant to
this section, purchases a building or facility that meets the
requirements of this section but does not meet the requirements of
Section 81130. Approval and use of a building or facility pursuant to
this section does not violate this article.
81130. (a) The Department of General Services under the police
power of the state shall supervise the design and construction of any
school building or the reconstruction or alteration of, or addition
to, any school building, if not exempted under Section 81133, to
ensure that plans and specifications comply with the rules and
regulations adopted pursuant to this article and building standards
published in Title 24 of the California Code of Regulations, and to
ensure that the work of construction has been performed in accordance
with the approved plans and specifications, for the protection of
life and property. Nothing in this section shall be construed to
allow a community college district to perform work with its own
forces in excess of the limitations set forth in Article 41
(commencing with Section 20650) of Part 3 of Division 2 of the Public
Contract Code.
(b) Whenever repairs due to fire damage must be made to any school
building previously approved by the Department of General Services,
the approved plans and specifications used in the original work under
then existing rules, regulations, and building standards may be used
without modification, providing all other provisions of this article
are carried out.
81130.3. This article, together with Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365) of
Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050),
shall be known and may be cited as the "Field Act."
81130.5. (a) This article does not apply to an offsite building
during the time the building is used wholly or in part for community
college purposes, if the building is neither owned by a community
college district nor leased by a community college district under a
lease containing an option to purchase that building. For the
purposes of this section, an "offsite building" is a building that is
situated on land which is neither owned by a community college
district nor leased by a community college district under a lease
containing an option to purchase the land.
(b) "School building," as used in this article, means and includes
any building used, or designed to be used, for community college
purposes and constructed, reconstructed, altered, or added to, by the
state or by any city or city and county, by any political
subdivision, by any district of any kind within the state, 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.
(c) 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" as defined in this section, notwithstanding any
educational use thereof incidental to the primary purpose.
(d) For the purposes of this article and Article 8 (commencing
with Section 81160), "school building" does not include any of the
following:
(1) Any building of a community college district that is used
solely for classes or programs in outdoor science, conservation, and
forestry and that does not occupy, in whole or in part, the same
parcel of land upon which there is situated any school maintained by
the district.
(2) Agricultural facilities that were not built for classroom
purposes and that are used primarily for plant and animal production
or the storage of materials, equipment, and supplies involved in that
production.
(3) Animal kennels and facilities used to house animals as part of
an animal health instruction program.
(e) "Construction or alteration," as used in this article,
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
81130.6. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of community college
facilities that have been damaged or destroyed by fire, earthquake,
flood, or other manmade or natural disasters, to return those
community college facilities to a condition that makes them useful to
community college 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 community college 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.
81133. (a) The Department of General Services shall pass upon, and
approve or reject, all plans for the construction or, if the
estimated cost exceeds twenty-five thousand dollars ($25,000), the
alteration of any school building. To enable it to do so, the
governing board of each community college district and any other
school authority before adopting any plans for the school building
shall submit the plans to the Department of General Services for
approval, and shall pay the fees prescribed in this article.
(b) Notwithstanding subdivision (a), where the estimated cost of
reconstruction or alteration of, or addition to, a school building
exceeds twenty-five thousand dollars ($25,000), but does not exceed
one hundred thousand dollars ($100,000), a licensed structural
engineer shall examine the proposed project to determine if it is a
nonstructural alteration or a structural alteration. If he or she
determines that the project is a nonstructural alteration, he or she
shall prepare a statement so indicating. If he or she determines that
the project is structural, he or she shall prepare plans and
specifications for the project which shall be submitted to the
Department of General Services 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.
(5) 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 first be had and obtained.
(6) In each case the application for approval of the plans shall
be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates of
cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
(7) (A) The application shall be accompanied by a filing fee in
amounts as determined by the Department of General Services based on
the estimated cost according to the following schedule:
(i) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(ii) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
(B) The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount by
which the actual cost exceeds the amount of the estimated cost.
(8) (A) All fees collected under this article shall be paid into
the State Treasury and credited to the Public School Planning,
Design, and Construction Review Revolving Fund, and are continuously
appropriated, without regard to fiscal years, for the use of the
Department of General Services, subject to approval of the Department
of Finance, in carrying out this article.
(B) Adjustments in the amounts of the fees, as determined by the
Department of General Services and approved by the Department of
Finance, shall be made within the limits set in paragraph (7) in
order to maintain a reasonable working balance in the fund.
(9) No contract for the construction or alteration of any school
building, made or executed by the governing board of any community
college district or other public board, body, or officer otherwise
vested with authority to make or execute this contract, is valid, and
no public money shall be paid for any work done under this contract
or for any labor or materials furnished in constructing or altering
the building, unless the plans, specifications, and estimates comply
in every particular with the provisions of this article and the
requirements prescribed by the Department of General Services and
unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
(d) 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.
81133.1. (a) The Legislature finds and declares all of the
following:
(1) The purpose of the collaborative process for project
development and review is to ensure the public safety of community
college facilities through a collaborative, consistent and timely
project development and review process.
(2) The collaborative process for project development and review
may be made available, as an alternative to the traditional plan
review and approval process, to community college districts that
voluntarily apply to the Department of General Services.
(3) This process entails the early participation of all parties
involved in a project from project development and continuing through
plan review, construction and certification of community college
facilities projects. These parties include, but are not limited to,
the Department of General Services' staff and their qualified plan
review firms, and community college districts and their design
professionals.
(b) In consultation with the Board of Governors of the California
Community Colleges, the Department of General Services shall
establish procedures and requirements governing the use of the
collaborative process for project development and review alternative.
These procedures and requirements shall include an application and
selection process. Upon project selection, the Department of General
Services and the community college district shall mutually agree to
the roles and responsibilities of the Department of General Services,
the applicant community college district, and its design
professionals.
(c) As a part of the establishment of the requirements for the
collaborative process for project development and review, the
Department of General Services, in consultation with participating
community college districts, shall establish mutually determined
timeframe goals for a project's plan review, district and consultant
response, response review, and final approval. Those timeframe goals
shall reflect the project's estimated construction cost, complexity,
size, and other requirements of the collaborative process for project
development and review.
(d) The Department of General Services shall establish model
statewide timeframe goals, in consultation with community college
districts and other relevant parties, by February 1, 2007.
Implementation of the collaborative process for project development
and review with participating community college districts shall not
negatively impact the traditional plan review process with other
community college districts.
(e) The Department of General Services shall submit a preliminary
report to the Legislature by July 1, 2008, and a final report by July
1, 2009. These reports shall address whether the implementation of
the collaborative process for project development and review has
assisted the department and community college districts in meeting
their mutually determined timeframe goals.
(f) Notwithstanding Section 81133, the application for the
collaborative process for project development and review may be
accompanied by a filing fee from the community college district in
amounts determined by the Department of General Services based on the
estimated project cost and according to the filing fee schedule
identified in paragraph (7) of subdivision (c) of Section 81133. The
Department of General Services may establish a procedure for the
payment and collection of this filing fee.
(g) The department may assess a fee on a participating district to
cover the unreimbursed costs of the department incurred pursuant to
that district's participation in the collaborative process if the
department deems the assessment of the fee to be necessary for the
support of its operations and establishes a procedure for the
determination, collection, and deposit of the fee.
(h) During project development, the community college district may
provide input to the Department of General Services in its selection
of a qualified plan review firm to provide consultative services to
that department. Upon project submittal by the applicant community
college district, the department may also refer the necessary project
documents to the selected qualified plan review firm for plan
review. The department may establish procedures governing the use of
this section by applicant community college districts for the
selection of a qualified plan review firm.
81133.2. (a) The Department of General Services shall provide
training, on an ongoing basis, to its employees and to the employees
of architectural and structural engineering firms that contract with
the department for the purposes of this chapter. The training shall
address all phases of the plan review process established under this
chapter, and shall be designed to ensure that all individuals who
develop and review college building plans obtain sufficient knowledge
of the rules, regulations, and standards that apply under this
chapter.
(b) The department shall make the training described in
subdivision (a) available to the employees of architectural and
structural engineering firms that contract with applicant community
college districts for the purpose of this chapter, and to any other
individuals, firms, and governmental agencies that are involved in
college building design, construction, or inspection, and that may
benefit from the training.
(c) The department may charge a fee for training provided pursuant
to this subdivision.
81133.5. (a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Title 15 (commencing with Section
3082) of Part 4 of the Civil Code, the Department of General Services
may issue a stop work order when construction work on a community
college is not being performed in accordance with existing law and
would compromise the structural integrity of the building, thereby
endangering the public safety. The Department of General Services
shall allow construction of incidental and minor nonstructural
additions or nonstructural alterations without invoking its stop work
authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81133.5. (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
community college is not being performed in accordance with existing
law and would compromise the structural integrity of the building,
thereby endangering the public safety. The Department of General
Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81134. (a) The Department of General Services shall establish one
or more methods to ensure that each application has been completed
sufficiently by the applicant to enable the plan review to be
performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant's plans. Within 10 days of being so notified, the applicant
shall make an election to either use the Department of General
Services for the review of the applicant's plans or, request that the
plan review be performed by one or more qualified plan review firms
pursuant to Sections 81135 and 81136. If the applicant elects to use
the services of the Department of General Services for review of the
applicant's plans, the department, as it deems necessary to expedite
review of the applicant's plans, in addition to making a good faith
effort to hire state employees, shall do one or more of the
following:
(1) Contract for assistance from one or more qualified plan review
firms pursuant to Sections 81135 and 81136.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving the
notifications required under this subdivision, an employee of the
applicant community college district and either the applicant's
architect or structural engineer. The Department of General Services
immediately shall notify that employee, and the identified architect
or structural engineer, when each of the following steps in the plan
review process occurs:
(1) The department requests the applicant's architect or
structural engineer to correct or complete any part of the
application.
(2) An application number is assigned to the application.
(3) Review of the applicant's plans is commenced.
(4) Review of the applicant's plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant's architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
81135. (a) Unless the context otherwise requires, the definitions
set forth in this section govern the construction of this article.
(1) "Prequalified list" means a list of qualified firms
established by the Department of General Services to perform specific
types of plan review services.
(2) "Qualified plan review firm" means an individual, firm, or the
building official of a city, county, or city and county, as defined
in Section 18949.27 of the Health and Safety Code, or the authorized
representative of that building official that is identified by the
Department of General Services as having appropriate expertise and
knowledge of the requirements that apply to school buildings under
this article.
(b) The department shall establish and maintain a list of
qualified plan review firms, and shall make that list available, upon
request, to community college districts and other interested
parties.
(c) Notwithstanding Section 14952 of the Government Code, the
Department of General Services shall contract with sufficient numbers
of qualified plan review firms for assistance in performing the plan
review required under the Field Act.
(d) At the discretion of the Department of General Services,
contracts for a qualified plan review firm made pursuant to this
article may be advertised and awarded in accordance with this
section.
(e) (1) The Department of General Services may establish
prequalified lists of qualified firms in accordance with this
subdivision.
(2) (A) For each type of plan review for which the department
elects to use the process established by this section for advertising
and awarding contracts, the Department of General Services may
request statements of qualifications from interested firms.
(B) The request for statements of qualifications shall be
announced statewide through the California State Contracts Register
and publications of relevant professional societies.
(C) Each announcement shall describe the general scope of services
to be provided within each generic project category for plan review
services that the Department of General Services anticipates may be
awarded during the period covered by the announcement. For the
purposes of this section, a generic project category shall be defined
in a manner that each specific project to be awarded within a
respective discipline meets all of the following requirements:
(i) The project is substantially similar to all other projects
within that discipline.
(ii) The project is within the same size range and geographical
area.
(iii) The project requires substantially similar skills and
magnitude of professional effort as compared to every other project
within that discipline.
(3) The Department of General Services shall evaluate the
statements of qualifications, and develop a list of qualified plan
review firms that meet the criteria established and published by the
Department of General Services. Interviews may be held to determine a
firm's qualifications. Lists of qualified plan review firms shall be
maintained by the Department of General Services for not more than
four years.
(4) During the term of a prequalified list, as specific projects
are identified by the Department of General Services as being
eligible for contracting, the Department of General Services shall
contact a firm on the prequalified list, on a rotational basis, for
both of the following purposes:
(A) To distribute the work in a fair and equitable manner.
(B) To determine that the firm has sufficient staff and is
available for performance of the project.
(5) If the contacted firm is not available, the Department of
General Services shall continue to contact firms on the prequalified
list, on a rotational basis, until an available firm is identified.
(6) The Department of General Services shall negotiate a contract
for the services with the identified firm, including a price and
timeframe that it determines is fair and reasonable.
(7) If the identified plan review firm is unable to negotiate a
satisfactory contract with the Department of General Services, the
department shall terminate negotiations, and shall undertake
negotiations, on a rotational basis, with the next firm available for
performance from the prequalified list until a successful
negotiation is achieved. If the Department of General Services is
unable to negotiate a satisfactory contract with a firm on two
separate occasions, that firm may be removed from the prequalified
list.
(f) Contracts for plan review services that the Department of
General Services elects to advertise and award in accordance with
this section are not subject to Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code.
81136. (a) Upon submitting a complete application for review under
this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 81135. The department
immediately shall grant the request and refer the necessary documents
to a qualified plan review firm if the applicant so requests. Upon
completing the review, the qualified plan review firm shall submit
the documents referred to it for the review of the application,
together with the results of its review, to the Department of General
Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
81138. (a) Except as provided in subdivision (b), all plans,
specifications, and estimates shall be prepared by a licensed
architect holding a valid certificate under Chapter 3 (commencing
with Section 5500) of Division 3 of the Business and Professions Code
or by a structural engineer holding a valid certificate to use the
title structural engineer under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, and the
observation of the work of construction shall be under the
responsible charge of such an architect or structural engineer.
(b) For the purposes of this section, a mechanical or electrical
engineer holding a valid certificate under Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code may
be in responsible charge of preparation of plans, specifications,
and estimates, and observation of the work of construction where the
work is, as determined by the Department of General Services, 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.
81141. From time to time, as the work of construction or alteration
progresses and whenever the Department of General Services requires,
the licensed architect or structural engineer in charge of
observation of construction or registered engineer in charge of
observation of other work, the inspector on the work, and the
contractor shall each make to the Department of General Services a
report, duly verified by him or her, upon a form prescribed by the
Department of General Services, based upon his or her own personal
knowledge, indicating that the work during the period covered by the
report has been performed and materials have been used and installed,
in every material respect, in compliance with the approved plans and
specifications, setting forth detailed statements of fact that are
required by the Department of General Services.
"Personal knowledge," as used in this section and as applied to
the architect and the registered engineer, means the personal
knowledge that is obtained from periodic visits to the project site
of reasonable frequency for the purpose of general observation of the
work, and also that is obtained from the reporting of others as to
the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts is
required.
"Personal knowledge," as applied to the inspector, means the
actual personal knowledge that is obtained from his or her personal,
continuous inspection of the work of construction in all stages of
its progress at the site where he or she is responsible for
inspection and, when work is carried out away from the site, personal
knowledge that is obtained from the reporting of others on the
testing or inspection of materials and workmanship for compliance
with plans, specifications, or applicable standards. The exercise of
reasonable diligence to obtain the facts is required.
"Personal knowledge," as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts is
required.
81142. Except as provided in Section 18930 of the Health and Safety
Code, the Department of General Services may from time to time make
such rules and regulations as it deems necessary, proper, or suitable
to carry out the provisions of this article.
The Department of General Services shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code for the purposes described in this article.
81143. The State Department of General Services shall make such
inspection of the school buildings and of the work of construction or
alteration as in its judgment is necessary or proper for the
enforcement of this article and the protection of the safety of the
students, the instructors, and the public. The community college
district, city, city and county, or the political subdivision within
the jurisdiction of which any school building is constructed or
altered shall provide for and require competent, adequate, and
continuous inspection during construction or alteration by an
inspector satisfactory to the architect or structural engineer and
the Department of General Services. The inspector shall act under the
direction of the architect or structural engineer as the board may
direct, and be responsible to the governing board.
81144. Any person who knowingly violates any of the provisions of
this article or fraudulently makes any false statement in any
verified report or affidavit required pursuant to this article, is
guilty of a felony.
81146. Any public school building which has been approved by the
Department of General Services for occupancy shall be deemed to meet
the local building requirements for use as a private school.
81147. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed, the notice of completion is filed, and all
final verified reports and all testing and inspection documents, as
required by this article or as required by the rules and regulations
adopted pursuant to this article, are submitted to and on file with
the Department of General Services, and all required fees paid by the
community college district, the department shall issue a
certification that the school building complies with the requirements
of this article. Nothing in this article shall prevent beneficial
occupancy by a community college district prior to the issuance of
this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons required to file such
reports, the Department of General Services shall, upon written
request of the community college district, review all of the project
records and make such examinations as it deems necessary to enable it
to certify that the school building otherwise complies with the
requirements of this article. The Department of General Services may
request the community college district to have made, reported, and
verified any other tests and inspections which the department deems
necessary to complete its examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the community college
district. The actual costs to perform the examinations, tests, and
inspections shall be an appropriate cost of the project to be paid
from the building funds of the district. Certification of the project
by the Department of General Services shall be withheld until all
the costs have been paid by the community college district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
81141, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 81144.
81149. (a) Notwithstanding any provision of law, a community
college district may acquire for use any facility previously used by
the United States military and closed as a result of action by the
federal Defense Base Closure and Realignment Commission, or purchase
any offsite building constructed prior to January 1, 1998 that meets
the structural requirements of the 1976 Uniform Building Code, or
subsequent additions to that code, but that does not meet the
requirements of Section 81130, for use as a school building, as
defined in Section 81130.5, if the governing board of the district
finds that all of the following conditions have been met:
(1) A structural engineer has inspected the building or facility
and submitted a report to the governing board of the community
college district that certifies that the building or facility is in
substantial compliance with the requirements of this article, or
describes in detail any structural modifications necessary to render
the building or facility in substantial compliance with this article.
For purposes of this section, substantial compliance with this
article means that the building or facility is likely to resist,
without catastrophic collapse, earthquake forces generated by major
earthquakes of the intensity and severity of the strongest
experienced in California, but may experience some reparable
architectural or structural damage. This requirement is satisfied if
the structural engineer affixes his or her seal of approval to the
report and he or she attests in that report that to the best of his
or her knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building or facility, to the extent those items are available.
(B) 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 nonstructural elements,
including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
(2) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (1) to the
Department of General Services for its review. Within 45 working
days, the Department of General Services shall review the report for
compliance with the above requirements, to provide feedback to the
structural engineer regarding any insufficiencies with the report,
and to determine whether or not the building or facility is in
substantial compliance with the requirements of this article, or
whether any proposed structural modifications will render the
structure in substantial compliance with this article. If the
Department of General Services does not respond within 45 working
days of the submission of the final and complete report, the
department will be deemed to have concurred with the structural
engineer's report. If structural modifications are necessary to
achieve substantial compliance with this article, plans shall be
submitted to the department for review and approval. Construction
shall be completed in compliance with the continuous inspection
requirements of this article.
(b) (1) No member of the governing board of a community college
district, and no employee of a community college district, shall be
held personally liable for injury to persons or damage to property
resulting from the fact that the governing board of the community
college district purchased a building or facility pursuant to this
subdivision for a school and the building or facility was not
constructed pursuant to the requirements of Section 81130.
(2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a building or
facility pursuant to this subdivision for a school if the building or
facility was not constructed pursuant to the requirements of Section
81130. The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district, the governing board, or the district's
employees pursuant to Section 835 of the Government Code.
(3) Section 81144 is not applicable to a person who, pursuant to
this section, purchases a building or facility that meets the
requirements of this section but does not meet the requirements of
Section 81130. Approval and use of a building or facility pursuant to
this section does not violate this article.
81130. (a) The Department of General Services under the police
power of the state shall supervise the design and construction of any
school building or the reconstruction or alteration of, or addition
to, any school building, if not exempted under Section 81133, to
ensure that plans and specifications comply with the rules and
regulations adopted pursuant to this article and building standards
published in Title 24 of the California Code of Regulations, and to
ensure that the work of construction has been performed in accordance
with the approved plans and specifications, for the protection of
life and property. Nothing in this section shall be construed to
allow a community college district to perform work with its own
forces in excess of the limitations set forth in Article 41
(commencing with Section 20650) of Part 3 of Division 2 of the Public
Contract Code.
(b) Whenever repairs due to fire damage must be made to any school
building previously approved by the Department of General Services,
the approved plans and specifications used in the original work under
then existing rules, regulations, and building standards may be used
without modification, providing all other provisions of this article
are carried out.
81130.3. This article, together with Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365) of
Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050),
shall be known and may be cited as the "Field Act."
81130.5. (a) This article does not apply to an offsite building
during the time the building is used wholly or in part for community
college purposes, if the building is neither owned by a community
college district nor leased by a community college district under a
lease containing an option to purchase that building. For the
purposes of this section, an "offsite building" is a building that is
situated on land which is neither owned by a community college
district nor leased by a community college district under a lease
containing an option to purchase the land.
(b) "School building," as used in this article, means and includes
any building used, or designed to be used, for community college
purposes and constructed, reconstructed, altered, or added to, by the
state or by any city or city and county, by any political
subdivision, by any district of any kind within the state, 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.
(c) 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" as defined in this section, notwithstanding any
educational use thereof incidental to the primary purpose.
(d) For the purposes of this article and Article 8 (commencing
with Section 81160), "school building" does not include any of the
following:
(1) Any building of a community college district that is used
solely for classes or programs in outdoor science, conservation, and
forestry and that does not occupy, in whole or in part, the same
parcel of land upon which there is situated any school maintained by
the district.
(2) Agricultural facilities that were not built for classroom
purposes and that are used primarily for plant and animal production
or the storage of materials, equipment, and supplies involved in that
production.
(3) Animal kennels and facilities used to house animals as part of
an animal health instruction program.
(e) "Construction or alteration," as used in this article,
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
81130.6. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of community college
facilities that have been damaged or destroyed by fire, earthquake,
flood, or other manmade or natural disasters, to return those
community college facilities to a condition that makes them useful to
community college 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 community college 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.
81133. (a) The Department of General Services shall pass upon, and
approve or reject, all plans for the construction or, if the
estimated cost exceeds twenty-five thousand dollars ($25,000), the
alteration of any school building. To enable it to do so, the
governing board of each community college district and any other
school authority before adopting any plans for the school building
shall submit the plans to the Department of General Services for
approval, and shall pay the fees prescribed in this article.
(b) Notwithstanding subdivision (a), where the estimated cost of
reconstruction or alteration of, or addition to, a school building
exceeds twenty-five thousand dollars ($25,000), but does not exceed
one hundred thousand dollars ($100,000), a licensed structural
engineer shall examine the proposed project to determine if it is a
nonstructural alteration or a structural alteration. If he or she
determines that the project is a nonstructural alteration, he or she
shall prepare a statement so indicating. If he or she determines that
the project is structural, he or she shall prepare plans and
specifications for the project which shall be submitted to the
Department of General Services 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.
(5) 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 first be had and obtained.
(6) In each case the application for approval of the plans shall
be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates of
cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
(7) (A) The application shall be accompanied by a filing fee in
amounts as determined by the Department of General Services based on
the estimated cost according to the following schedule:
(i) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(ii) For all costs in excess of one million dollars ($1,000,000),
a fee of not more than 0.6 percent of the estimated cost.
(B) The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount by
which the actual cost exceeds the amount of the estimated cost.
(8) (A) All fees collected under this article shall be paid into
the State Treasury and credited to the Public School Planning,
Design, and Construction Review Revolving Fund, and are continuously
appropriated, without regard to fiscal years, for the use of the
Department of General Services, subject to approval of the Department
of Finance, in carrying out this article.
(B) Adjustments in the amounts of the fees, as determined by the
Department of General Services and approved by the Department of
Finance, shall be made within the limits set in paragraph (7) in
order to maintain a reasonable working balance in the fund.
(9) No contract for the construction or alteration of any school
building, made or executed by the governing board of any community
college district or other public board, body, or officer otherwise
vested with authority to make or execute this contract, is valid, and
no public money shall be paid for any work done under this contract
or for any labor or materials furnished in constructing or altering
the building, unless the plans, specifications, and estimates comply
in every particular with the provisions of this article and the
requirements prescribed by the Department of General Services and
unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
(d) 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.
81133.1. (a) The Legislature finds and declares all of the
following:
(1) The purpose of the collaborative process for project
development and review is to ensure the public safety of community
college facilities through a collaborative, consistent and timely
project development and review process.
(2) The collaborative process for project development and review
may be made available, as an alternative to the traditional plan
review and approval process, to community college districts that
voluntarily apply to the Department of General Services.
(3) This process entails the early participation of all parties
involved in a project from project development and continuing through
plan review, construction and certification of community college
facilities projects. These parties include, but are not limited to,
the Department of General Services' staff and their qualified plan
review firms, and community college districts and their design
professionals.
(b) In consultation with the Board of Governors of the California
Community Colleges, the Department of General Services shall
establish procedures and requirements governing the use of the
collaborative process for project development and review alternative.
These procedures and requirements shall include an application and
selection process. Upon project selection, the Department of General
Services and the community college district shall mutually agree to
the roles and responsibilities of the Department of General Services,
the applicant community college district, and its design
professionals.
(c) As a part of the establishment of the requirements for the
collaborative process for project development and review, the
Department of General Services, in consultation with participating
community college districts, shall establish mutually determined
timeframe goals for a project's plan review, district and consultant
response, response review, and final approval. Those timeframe goals
shall reflect the project's estimated construction cost, complexity,
size, and other requirements of the collaborative process for project
development and review.
(d) The Department of General Services shall establish model
statewide timeframe goals, in consultation with community college
districts and other relevant parties, by February 1, 2007.
Implementation of the collaborative process for project development
and review with participating community college districts shall not
negatively impact the traditional plan review process with other
community college districts.
(e) The Department of General Services shall submit a preliminary
report to the Legislature by July 1, 2008, and a final report by July
1, 2009. These reports shall address whether the implementation of
the collaborative process for project development and review has
assisted the department and community college districts in meeting
their mutually determined timeframe goals.
(f) Notwithstanding Section 81133, the application for the
collaborative process for project development and review may be
accompanied by a filing fee from the community college district in
amounts determined by the Department of General Services based on the
estimated project cost and according to the filing fee schedule
identified in paragraph (7) of subdivision (c) of Section 81133. The
Department of General Services may establish a procedure for the
payment and collection of this filing fee.
(g) The department may assess a fee on a participating district to
cover the unreimbursed costs of the department incurred pursuant to
that district's participation in the collaborative process if the
department deems the assessment of the fee to be necessary for the
support of its operations and establishes a procedure for the
determination, collection, and deposit of the fee.
(h) During project development, the community college district may
provide input to the Department of General Services in its selection
of a qualified plan review firm to provide consultative services to
that department. Upon project submittal by the applicant community
college district, the department may also refer the necessary project
documents to the selected qualified plan review firm for plan
review. The department may establish procedures governing the use of
this section by applicant community college districts for the
selection of a qualified plan review firm.
81133.2. (a) The Department of General Services shall provide
training, on an ongoing basis, to its employees and to the employees
of architectural and structural engineering firms that contract with
the department for the purposes of this chapter. The training shall
address all phases of the plan review process established under this
chapter, and shall be designed to ensure that all individuals who
develop and review college building plans obtain sufficient knowledge
of the rules, regulations, and standards that apply under this
chapter.
(b) The department shall make the training described in
subdivision (a) available to the employees of architectural and
structural engineering firms that contract with applicant community
college districts for the purpose of this chapter, and to any other
individuals, firms, and governmental agencies that are involved in
college building design, construction, or inspection, and that may
benefit from the training.
(c) The department may charge a fee for training provided pursuant
to this subdivision.
81133.5. (a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Title 15 (commencing with Section
3082) of Part 4 of the Civil Code, the Department of General Services
may issue a stop work order when construction work on a community
college is not being performed in accordance with existing law and
would compromise the structural integrity of the building, thereby
endangering the public safety. The Department of General Services
shall allow construction of incidental and minor nonstructural
additions or nonstructural alterations without invoking its stop work
authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81133.5. (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
community college is not being performed in accordance with existing
law and would compromise the structural integrity of the building,
thereby endangering the public safety. The Department of General
Services shall allow construction of incidental and minor
nonstructural additions or nonstructural alterations without invoking
its stop work authority.
(b) A community college district or other public board, body, or
officer whose construction work on a community college is subject to
a stop work order issued pursuant to subdivision (a) shall not be
held liable in any action filed against the public board, body, or
officer for stopping work as required by the stop work order, or for
any delays caused by compliance with the stop work order, except to
the extent that an error or omission by the public board, body, or
officer is that basis for the issuance of the stop work order.
81134. (a) The Department of General Services shall establish one
or more methods to ensure that each application has been completed
sufficiently by the applicant to enable the plan review to be
performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant's plans. Within 10 days of being so notified, the applicant
shall make an election to either use the Department of General
Services for the review of the applicant's plans or, request that the
plan review be performed by one or more qualified plan review firms
pursuant to Sections 81135 and 81136. If the applicant elects to use
the services of the Department of General Services for review of the
applicant's plans, the department, as it deems necessary to expedite
review of the applicant's plans, in addition to making a good faith
effort to hire state employees, shall do one or more of the
following:
(1) Contract for assistance from one or more qualified plan review
firms pursuant to Sections 81135 and 81136.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving the
notifications required under this subdivision, an employee of the
applicant community college district and either the applicant's
architect or structural engineer. The Department of General Services
immediately shall notify that employee, and the identified architect
or structural engineer, when each of the following steps in the plan
review process occurs:
(1) The department requests the applicant's architect or
structural engineer to correct or complete any part of the
application.
(2) An application number is assigned to the application.
(3) Review of the applicant's plans is commenced.
(4) Review of the applicant's plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant's architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
81135. (a) Unless the context otherwise requires, the definitions
set forth in this section govern the construction of this article.
(1) "Prequalified list" means a list of qualified firms
established by the Department of General Services to perform specific
types of plan review services.
(2) "Qualified plan review firm" means an individual, firm, or the
building official of a city, county, or city and county, as defined
in Section 18949.27 of the Health and Safety Code, or the authorized
representative of that building official that is identified by the
Department of General Services as having appropriate expertise and
knowledge of the requirements that apply to school buildings under
this article.
(b) The department shall establish and maintain a list of
qualified plan review firms, and shall make that list available, upon
request, to community college districts and other interested
parties.
(c) Notwithstanding Section 14952 of the Government Code, the
Department of General Services shall contract with sufficient numbers
of qualified plan review firms for assistance in performing the plan
review required under the Field Act.
(d) At the discretion of the Department of General Services,
contracts for a qualified plan review firm made pursuant to this
article may be advertised and awarded in accordance with this
section.
(e) (1) The Department of General Services may establish
prequalified lists of qualified firms in accordance with this
subdivision.
(2) (A) For each type of plan review for which the department
elects to use the process established by this section for advertising
and awarding contracts, the Department of General Services may
request statements of qualifications from interested firms.
(B) The request for statements of qualifications shall be
announced statewide through the California State Contracts Register
and publications of relevant professional societies.
(C) Each announcement shall describe the general scope of services
to be provided within each generic project category for plan review
services that the Department of General Services anticipates may be
awarded during the period covered by the announcement. For the
purposes of this section, a generic project category shall be defined
in a manner that each specific project to be awarded within a
respective discipline meets all of the following requirements:
(i) The project is substantially similar to all other projects
within that discipline.
(ii) The project is within the same size range and geographical
area.
(iii) The project requires substantially similar skills and
magnitude of professional effort as compared to every other project
within that discipline.
(3) The Department of General Services shall evaluate the
statements of qualifications, and develop a list of qualified plan
review firms that meet the criteria established and published by the
Department of General Services. Interviews may be held to determine a
firm's qualifications. Lists of qualified plan review firms shall be
maintained by the Department of General Services for not more than
four years.
(4) During the term of a prequalified list, as specific projects
are identified by the Department of General Services as being
eligible for contracting, the Department of General Services shall
contact a firm on the prequalified list, on a rotational basis, for
both of the following purposes:
(A) To distribute the work in a fair and equitable manner.
(B) To determine that the firm has sufficient staff and is
available for performance of the project.
(5) If the contacted firm is not available, the Department of
General Services shall continue to contact firms on the prequalified
list, on a rotational basis, until an available firm is identified.
(6) The Department of General Services shall negotiate a contract
for the services with the identified firm, including a price and
timeframe that it determines is fair and reasonable.
(7) If the identified plan review firm is unable to negotiate a
satisfactory contract with the Department of General Services, the
department shall terminate negotiations, and shall undertake
negotiations, on a rotational basis, with the next firm available for
performance from the prequalified list until a successful
negotiation is achieved. If the Department of General Services is
unable to negotiate a satisfactory contract with a firm on two
separate occasions, that firm may be removed from the prequalified
list.
(f) Contracts for plan review services that the Department of
General Services elects to advertise and award in accordance with
this section are not subject to Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code.
81136. (a) Upon submitting a complete application for review under
this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 81135. The department
immediately shall grant the request and refer the necessary documents
to a qualified plan review firm if the applicant so requests. Upon
completing the review, the qualified plan review firm shall submit
the documents referred to it for the review of the application,
together with the results of its review, to the Department of General
Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
81138. (a) Except as provided in subdivision (b), all plans,
specifications, and estimates shall be prepared by a licensed
architect holding a valid certificate under Chapter 3 (commencing
with Section 5500) of Division 3 of the Business and Professions Code
or by a structural engineer holding a valid certificate to use the
title structural engineer under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, and the
observation of the work of construction shall be under the
responsible charge of such an architect or structural engineer.
(b) For the purposes of this section, a mechanical or electrical
engineer holding a valid certificate under Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code may
be in responsible charge of preparation of plans, specifications,
and estimates, and observation of the work of construction where the
work is, as determined by the Department of General Services, 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.
81141. From time to time, as the work of construction or alteration
progresses and whenever the Department of General Services requires,
the licensed architect or structural engineer in charge of
observation of construction or registered engineer in charge of
observation of other work, the inspector on the work, and the
contractor shall each make to the Department of General Services a
report, duly verified by him or her, upon a form prescribed by the
Department of General Services, based upon his or her own personal
knowledge, indicating that the work during the period covered by the
report has been performed and materials have been used and installed,
in every material respect, in compliance with the approved plans and
specifications, setting forth detailed statements of fact that are
required by the Department of General Services.
"Personal knowledge," as used in this section and as applied to
the architect and the registered engineer, means the personal
knowledge that is obtained from periodic visits to the project site
of reasonable frequency for the purpose of general observation of the
work, and also that is obtained from the reporting of others as to
the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts is
required.
"Personal knowledge," as applied to the inspector, means the
actual personal knowledge that is obtained from his or her personal,
continuous inspection of the work of construction in all stages of
its progress at the site where he or she is responsible for
inspection and, when work is carried out away from the site, personal
knowledge that is obtained from the reporting of others on the
testing or inspection of materials and workmanship for compliance
with plans, specifications, or applicable standards. The exercise of
reasonable diligence to obtain the facts is required.
"Personal knowledge," as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts is
required.
81142. Except as provided in Section 18930 of the Health and Safety
Code, the Department of General Services may from time to time make
such rules and regulations as it deems necessary, proper, or suitable
to carry out the provisions of this article.
The Department of General Services shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code for the purposes described in this article.
81143. The State Department of General Services shall make such
inspection of the school buildings and of the work of construction or
alteration as in its judgment is necessary or proper for the
enforcement of this article and the protection of the safety of the
students, the instructors, and the public. The community college
district, city, city and county, or the political subdivision within
the jurisdiction of which any school building is constructed or
altered shall provide for and require competent, adequate, and
continuous inspection during construction or alteration by an
inspector satisfactory to the architect or structural engineer and
the Department of General Services. The inspector shall act under the
direction of the architect or structural engineer as the board may
direct, and be responsible to the governing board.
81144. Any person who knowingly violates any of the provisions of
this article or fraudulently makes any false statement in any
verified report or affidavit required pursuant to this article, is
guilty of a felony.
81146. Any public school building which has been approved by the
Department of General Services for occupancy shall be deemed to meet
the local building requirements for use as a private school.
81147. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed, the notice of completion is filed, and all
final verified reports and all testing and inspection documents, as
required by this article or as required by the rules and regulations
adopted pursuant to this article, are submitted to and on file with
the Department of General Services, and all required fees paid by the
community college district, the department shall issue a
certification that the school building complies with the requirements
of this article. Nothing in this article shall prevent beneficial
occupancy by a community college district prior to the issuance of
this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 81141, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons required to file such
reports, the Department of General Services shall, upon written
request of the community college district, review all of the project
records and make such examinations as it deems necessary to enable it
to certify that the school building otherwise complies with the
requirements of this article. The Department of General Services may
request the community college district to have made, reported, and
verified any other tests and inspections which the department deems
necessary to complete its examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the community college
district. The actual costs to perform the examinations, tests, and
inspections shall be an appropriate cost of the project to be paid
from the building funds of the district. Certification of the project
by the Department of General Services shall be withheld until all
the costs have been paid by the community college district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
81141, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate the
provisions of Section 81144.
81149. (a) Notwithstanding any provision of law, a community
college district may acquire for use any facility previously used by
the United States military and closed as a result of action by the
federal Defense Base Closure and Realignment Commission, or purchase
any offsite building constructed prior to January 1, 1998 that meets
the structural requirements of the 1976 Uniform Building Code, or
subsequent additions to that code, but that does not meet the
requirements of Section 81130, for use as a school building, as
defined in Section 81130.5, if the governing board of the district
finds that all of the following conditions have been met:
(1) A structural engineer has inspected the building or facility
and submitted a report to the governing board of the community
college district that certifies that the building or facility is in
substantial compliance with the requirements of this article, or
describes in detail any structural modifications necessary to render
the building or facility in substantial compliance with this article.
For purposes of this section, substantial compliance with this
article means that the building or facility is likely to resist,
without catastrophic collapse, earthquake forces generated by major
earthquakes of the intensity and severity of the strongest
experienced in California, but may experience some reparable
architectural or structural damage. This requirement is satisfied if
the structural engineer affixes his or her seal of approval to the
report and he or she attests in that report that to the best of his
or her knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building or facility, to the extent those items are available.
(B) 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 nonstructural elements,
including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
(2) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (1) to the
Department of General Services for its review. Within 45 working
days, the Department of General Services shall review the report for
compliance with the above requirements, to provide feedback to the
structural engineer regarding any insufficiencies with the report,
and to determine whether or not the building or facility is in
substantial compliance with the requirements of this article, or
whether any proposed structural modifications will render the
structure in substantial compliance with this article. If the
Department of General Services does not respond within 45 working
days of the submission of the final and complete report, the
department will be deemed to have concurred with the structural
engineer's report. If structural modifications are necessary to
achieve substantial compliance with this article, plans shall be
submitted to the department for review and approval. Construction
shall be completed in compliance with the continuous inspection
requirements of this article.
(b) (1) No member of the governing board of a community college
district, and no employee of a community college district, shall be
held personally liable for injury to persons or damage to property
resulting from the fact that the governing board of the community
college district purchased a building or facility pursuant to this
subdivision for a school and the building or facility was not
constructed pursuant to the requirements of Section 81130.
(2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a building or
facility pursuant to this subdivision for a school if the building or
facility was not constructed pursuant to the requirements of Section
81130. The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district, the governing board, or the district's
employees pursuant to Section 835 of the Government Code.
(3) Section 81144 is not applicable to a person who, pursuant to
this section, purchases a building or facility that meets the
requirements of this section but does not meet the requirements of
Section 81130. Approval and use of a building or facility pursuant to
this section does not violate this article.
