reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 3 - General Requirements and Administration › Section 129850.

129850. Except as provided in Sections 18929 and 18930, the department shall from time to time make any regulations that it deems necessary, proper, or suitable to effectually carry out this chapter. The department shall also propose and submit building standards to the California Building Standards Commission for adoption and approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 relating to seismic safety for hospital buildings.
(Amended by Stats. 2021, Ch. 143, Sec. 301. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 3 - General Requirements and Administration › Section 129851.

129851. Written rules and regulations by the department to clarify the application of the California Building Standards Code pursuant to this chapter shall be made available to the public upon request.
(Amended by Stats. 2021, Ch. 143, Sec. 302. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 3 - General Requirements and Administration › Section 129853.

129853. (a) The person or entity requesting a copy of construction documents maintained by the department shall bear the actual cost of producing the copy of those documents, including staff time spent retrieving, inspecting, and handling the documents, copying costs, and shipping costs.
(b) The department shall provide an estimate of the costs described in subdivision (a) to the requester before the department begins to make those copies.
(Amended by Stats. 2021, Ch. 143, Sec. 303. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 3 - General Requirements and Administration › Section 129855.

129855. The department may enter into any agreements and contracts with any qualified person, department, agency, corporation, or legal entity, as determined by the department, when necessary in order to facilitate the timely performance of the duties and responsibilities relating to the review and inspection of architectural, mechanical, electrical, and plumbing systems of hospital buildings to be constructed or altered or buildings under construction or alteration.
If the department determines that the structural review of plans for a hospital building cannot be completed without undue delay, the department may enter into contractual agreements with private structural engineers or local governments for the purpose of facilitating the timely performance of the duties and responsibilities relating to the review and inspection of plans and specifications of the structural systems of hospital construction projects.
The department, with the advice of the Building Safety Board, shall prepare regulations, containing qualification criteria, for implementing the contractual agreement provisions of this section.
(Amended by Stats. 2021, Ch. 143, Sec. 304. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 3 - General Requirements and Administration › Section 129856.

129856. (a) Contingent on an appropriation in the annual Budget Act, the department shall establish a program for training fire and life safety officers. The goal of this program shall be to provide a sufficient number of qualified persons to facilitate the timely performance of the department’s duties and responsibilities relating to the review of plans and specifications pertaining to the design and observation of construction of hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725, in order to ensure compliance with applicable facility design and construction codes and standards.
(b) The department shall prepare a comprehensive report on the training program setting forth its goals, objectives, and structure. The report shall include the number of fire and life safety officers to be trained annually, a timeline for training completion, a process for gathering information to evaluate the training programs efficiency that includes dropout and retention rates, and a mechanism to annually assess the need for the training program to continue. The report shall be submitted to the Joint Legislative Budget Committee by April 1, 2007.
(c) The department may establish other training programs as necessary to ensure that a sufficient number of qualified persons are available to facilitate the timely performance of the department’s duties and responsibilities relating to the review of plans and specifications pertaining to the design and construction of hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725, to ensure compliance with applicable safety codes and standards.
(d) If additional training programs are established pursuant to subdivision (c), the department shall prepare a comprehensive report on the training program setting forth its goals, objectives, and structure. The report shall include the number of individuals trained pursuant to subdivision (c) annually, a timeline for training completion, a process for gathering information to evaluate the training programs efficiency that includes dropout and retention rates, and a mechanism to annually assess the need for the training program to continue. The report shall be submitted to the Joint Legislative Budget Committee three years after the training program has been implemented.
(Amended by Stats. 2021, Ch. 143, Sec. 305. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129875.

129875. Construction or alterations of buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall conform to the latest edition of the California Building Standards Code. The department shall independently review and inspect these buildings. For purposes of this section, “construction or alteration” includes the conversion of a building to a purpose specified in paragraphs (2) and (3) of subdivision (b) of Section 129725. Any construction or alteration of any building subject to this section shall be exempt from any plan review and approval or construction inspection requirement of any city or county.
The department may also exempt from the plan review process or expedite those projects undertaken by an applicant for a hospital building that the department determines do not materially alter the mechanical, electrical, architectural, or structural integrity of the facility. The department shall set forth criteria to expedite projects or to implement any exemptions made pursuant to this paragraph.
The Legislature recognizes the relative safety of single-story, wood-frame, and light steel frame construction for use in housing patients requiring skilled nursing and intermediate care services and it is, therefore, the intent of the Legislature to provide for reasonable flexibility in seismic safety standards for these structures. The department shall be reasonably flexible in the application of seismic standards for other buildings by allowing incidental and minor nonstructural additions or nonstructural alterations to be accomplished with simplified written approval procedures as established by the department, with the advice of the Division of the State Architect and the Office of the State Fire Marshal.
The department shall implement, and modify, as necessary, criteria to exempt from the plan review process or expedite those projects for alterations of hospital buildings, and for those specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 that may include, but are not limited to, renovations, remodeling, or installations of necessary equipment such as hot water heaters, air-conditioning units, dishwashers, laundry equipment, handrails, lights, television brackets, small emergency generators (up to 25 kilowatts), storage shelves, and similar plant operations equipment; and decorative materials such as wall coverings, floor coverings, and paint.
The department shall include provisions for onsite field approvals by available department construction advisers and the preapproval of projects that comply with the requirements for which the department has developed standard architectural or engineering detail, or both standard architectural and engineering detail.
(Amended by Stats. 2021, Ch. 143, Sec. 306. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129875.1.

129875.1. (a) Notwithstanding Section 129875, projects for the construction or alterations of buildings specified in paragraph (1) of subdivision (a) of Section 129725 that are single-story, wood-frame or light steel frame construction and buildings specified in paragraphs (2) and (3) of subdivision (b) of Section 129725 shall be exempt from plan review and inspection by the department prior to construction if the facility demonstrates to the department, by written description of the project, that all of the following conditions are met:
(1) The construction or alteration is undertaken to repair existing systems or to keep up the course of normal or routine maintenance.
(2) The construction or alteration either restores the facility to the same operational status, or improves operational status from its operating condition immediately prior to the event, occurrence, or condition that necessitated the alteration.
(3) The scope of the construction or alteration is not ordinarily within the standard of practice of a licensed architect or registered engineer.
(4) The construction or alteration does not degrade the status or condition of the fire and life safety system from the status of the system immediately prior to the event, occurrence, or condition that necessitated the alteration.
(b) Upon completion of construction or alteration of any building subject to this section, and prior to use of the repaired system or other subject of the construction or alteration, the department shall inspect and approve the work. The department may require an interim inspection for code compliance when walls, ceilings, or other materials or finishes will cover the final work.
(c) Upon compliance with subdivision (a), the department shall issue a building permit.
(Amended by Stats. 2021, Ch. 143, Sec. 307. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129880.

129880. (a) The department may exempt from its plan review process construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725 with estimated construction costs of fifty thousand dollars ($50,000) or less. The criteria for exemption shall include, but not be limited to, plans that have been stamped and signed by the design professionals of record.
(b)  Projects that have been split into a series of smaller projects in order to avoid the qualifying dollar limits shall not be approved. The department shall maintain its construction observation mandate to ensure public safety and California Building Standards Code compliance for approved projects.
(c) A presubmittal meeting between the department and the design professionals shall be required for construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of subdivision (b) of Section 129725 with estimated construction costs of twenty million dollars ($20,000,000) or more.
(d) The department may adopt regulations for this section to make specific the exemption criteria and processes authorized pursuant to subdivision (a), and the complete plan review process required pursuant to subdivision (c).
(Amended by Stats. 2021, Ch. 143, Sec. 308. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129890.

129890. (a) Notwithstanding any other provision of law, the department shall, on or before January 1, 1991, set forth and implement criteria for the alteration or construction of buildings specified in subdivision (a) of Section 129725 that provide for onsite field review and approval by construction advisers of the department and provide for preapproval of project plans that comply with the requirements for which the department has developed standard architectural or engineering detail, or both standard architectural and engineering detail.
(b) Onsite field reviews shall be performed by available area construction advisers of the department. The area construction advisers shall have the responsibility to coordinate any approvals required by the State Fire Marshal. The approvals may be obtained prior to the start of construction or on a deferred basis, at the discretion of the area construction adviser.
(c) An annual building permit project classified as a “field review” shall be reviewed and approved by the area construction adviser.
(d) Effective January 1, 1991, all plans submitted for the alteration or construction of buildings specified in subdivision (a) of Section 129725 to the department for plan review shall be evaluated to determine if it is exempt from the plan review process or if it qualifies for an expedited plan review. The evaluation shall give priority to plans that are for minor renovation, remodeling, or installation of equipment.
(Amended by Stats. 2021, Ch. 143, Sec. 310. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129895.

129895. (a) The department shall adopt by regulations seismic safety standards for hospital equipment anchorages, as defined by the department, to include, but not be limited to, architectural, mechanical, and electrical components, supports, and attachments. Those regulations shall include criteria for the testing of equipment anchorages.
(b) Any fixed hospital equipment anchorages purchased or acquired on or after either the effective date of the regulations adopted pursuant to subdivision (a) shall not be used or installed in any hospital building unless the equipment anchorages are approved by the department.
(c) Manufacturers, designers, or suppliers of equipment anchorages may submit data sufficient for the office to evaluate equipment anchorages’ seismic safety prior to the selection of equipment anchorages for any specific hospital building.
(d) The department may charge a fee based on the actual costs incurred by it for data review, approvals, and field inspections pursuant to this section.
(Amended by Stats. 2021, Ch. 143, Sec. 311. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129900.

129900. Notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, or any building specified in Section 129875, that are prepared by or under the supervision of the Department of General Services shall not require the review and approval of the department. In lieu of review and approval by the department, the Department of General Services shall certify to the department that the plans are in full conformance with all applicable building standards and the requirements of this chapter. The Department of General Services shall also observe all aspects of construction and alteration, including the architectural, structural, mechanical, plumbing and electrical systems.
It is the intent of the Legislature that projects developed by, or under the supervision of, the Department of General Services shall still meet all applicable building standards published in the State Building Standards Code relating to the regulation of hospital projects where applicable, and all regulations adopted pursuant to this chapter and all other applicable state laws.
(Amended by Stats. 2021, Ch. 143, Sec. 312. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 4 - Special Requirements › Section 129905.

129905. Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law, plans for the construction or alteration of any hospital building, as defined in Section 1250, or any building specified in Section 129875, that are prepared by or under the supervision of the Department of Corrections or on behalf of the Department of the Youth Authority, shall not require the review and approval of the statewide department. In lieu of review and approval by the statewide department, the Department of Corrections and the Department of the Youth Authority shall certify to the statewide department that their plans and construction are in full conformance with all applicable building standards, including, but not limited to, fire and life and safety standards, and the requirements of this chapter for the architectural, structural, mechanical, plumbing, and electrical systems. The Department of Corrections and the Department of the Youth Authority shall use a secondary peer review procedure to review designs to ensure the adherence to all design standards for all new construction projects, and shall ensure that the construction is inspected by a competent, onsite inspector to ensure the construction is in compliance with the design and plan specifications.
Subject to the complete exemption contained in paragraphs (6) and (7) of subdivision (b) of Section 129725, and notwithstanding any other provision of law, plans for the construction or alteration of any correctional treatment center that are prepared by or under the supervision of a law enforcement agency of a city, county, or city and county shall not require the review and approval of the statewide department. In lieu of review and approval by the statewide department, the law enforcement agency of a city, county, or city and county shall certify to the statewide department that the plans and construction are in full conformance with all applicable building standards, including, but not limited to, fire and life and safety standards, and the requirements of this chapter for the architectural, structural, mechanical, plumbing, and electrical systems.
It is the intent of the Legislature that, except as specified in this section, all hospital buildings as defined by this chapter constructed by or under the supervision of the Department of Corrections or local law enforcement agencies, or constructed on behalf of the Department of the Youth Authority shall at a minimum meet all applicable regulations adopted pursuant to this chapter and all other applicable state laws.
(Amended by Stats. 2021, Ch. 143, Sec. 313. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129925.

129925. There is in the department a Hospital Building Safety Board that shall be appointed by the director. The board shall advise the director and, notwithstanding Section 13142.6 and except as provided in Section 18945, shall act as a board of appeals in all matters relating to the administration and enforcement of building standards relating to the design, construction, alteration, and seismic safety of hospital building projects submitted to the department pursuant to this chapter.
Further, notwithstanding Section 13142.6, the board shall act as the board of appeals in matters relating to all fire and panic safety regulations and alternate means of protection determinations for hospital building projects submitted to the department pursuant to this chapter.
(Amended by Stats. 2021, Ch. 143, Sec. 314. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129930.

129930. The board shall consist of 16 members appointed by the director of the department. Of the appointive members, two shall be structural engineers, two shall be architects, one shall be an engineering geologist, one shall be a geotechnical engineer, one shall be a mechanical engineer, one shall be an electrical engineer, one shall be a hospital facilities manager, one shall be a local building official, one shall be a general contractor, one shall be a fire and panic safety representative, one shall be a hospital inspector of record, and three shall be members of the general public.
(Amended by Stats. 2021, Ch. 143, Sec. 315. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129932.

129932. (a)  Each member shall be appointed by the director for a term of four years and shall hold office until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. The director may remove any member of the board for neglect of duty or other just cause.
(b)  The terms of the appointive members of the board who are in office before January 1, 1994, shall expire as follows:
(1)  The terms of two members shall expire January 1, 1994.
(2)  The terms of two members shall expire January 1, 1995.
(3)  The terms of two members shall expire January 1, 1996.
(4)  The terms of two members shall expire January 1, 1997.
(5)  The terms of three members shall expire January 1, 1998.
(6)  The terms of three members shall expire January 1, 1999.
The terms shall expire in the same relative order as the original appointment dates.
(c)  Vacancies occurring during a term shall be filled by appointment for the unexpired term.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129935.

129935. Appointive members, except for the public members, shall be qualified by close connection with hospital design and construction and highly knowledgeable in their respective fields with particular reference to seismic safety. Appointive members, except for the public members, shall be appointed from nominees recommended by the governing bodies of the Structural Engineers Association of California; the American Institute of Architects; the Earthquake Engineering Research Institute; the Association of Engineering Geologists; the Consulting Engineers and Land Surveyors of California; the California Association of Local Building Officials; the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc.; the California Association of Hospitals and Health Systems; the Associated General Contractors of California; the American Construction Inspectors’ Association; and the California Fire Chiefs’ Association. Board members shall be residents of California.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129940.

129940. (a)  There shall be six ex officio members of the board, who shall be the director of the department, the State Fire Marshal, the State Geologist, the Executive Director of the California Building Standards Commission, the State Director of Health Services, and the Deputy Director of the Division of Facilities Development in the department, or their officially designated representatives.
(b)  The director may also appoint up to three additional ex officio members, with the advice of the chair. On January 1, 1994, director-appointed ex officio members may continue to serve until appointment of their successors by the director.
(Amended by Stats. 2021, Ch. 143, Sec. 316. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129942.

129942. (a)  Only appointed members shall vote at board meetings.
(b)  Appointed members, ex officio members, and others appointed to a committee, including an appeal committee, by the chair, may vote at committee meetings.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129945.

129945. The chair of the board shall be an appointive member and shall be elected by a majority of the appointive members.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129950.

129950. The board shall be served by an executive director who shall be a member of the department staff.
(Amended by Stats. 2021, Ch. 143, Sec. 317. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129955.

129955. The Building Safety Board shall convene upon request of the chairperson thereof. The chairperson may convene a meeting of the board whenever it may be necessary, in the chairperson’s judgment, for the board to meet. The board shall adopt rules of procedure as necessary to enable it to perform its duties. The chairperson shall, at his or her discretion, or upon instructions from the board, designate subcommittees to study and report back to the board upon any technical subject or matter for which an independent review or further study is desired.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 5 - Building Safety Board › Section 129960.

129960. Members of the board shall be reimbursed from the Hospital Building Account in the Architecture Public Building Fund for their reasonable actual expenses in attending meetings conducted to carry out the provisions of this chapter, and they shall receive from that account per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties where attendance at one or more publicly scheduled meetings or hearings of the board is required by the board’s chairperson. However, they shall receive no other compensation from that account for their services.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 6 - Enforcement › Section 129975.

129975. The director of the department may conduct studies relating to the implementation of this chapter to ensure that the implementation of its provisions results in the least amount of increases in costs, staffing, and regulation.
(Amended by Stats. 2021, Ch. 143, Sec. 318. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 6 - Enforcement › Section 129980.

129980. Whenever any construction or alteration of any hospital building is being performed contrary to the provisions of this chapter, the department may order the construction or alteration stopped by written notice served upon any persons engaged in or causing the work to be done. Upon service of the written notice, all construction or alteration shall cease until an authorization to remove the notice is issued by the department. Any person so served shall, upon request made within 15 days of the written notice, be entitled to a hearing pursuant to Section 11506 of the Government Code.
(Amended by Stats. 2021, Ch. 143, Sec. 319. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 6 - Enforcement › Section 129985.

129985. (a)  Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or whenever the department or its authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition or a violation of any applicable building standards that makes the building or premises unsafe, dangerous, or hazardous, the department or its authorized representatives may enter the building or premises at any reasonable time to make an inspection or to perform any authorized duty. Prior to an entry authorized by this section, the authorized representatives of the department shall first present proper identification and credentials and request entry. In the event that the building or premises are unoccupied, there shall be a reasonable effort made to locate the owner or other person or persons having control or charge of the building or premises in order to request an entry. If a request for entry is refused, the department or its authorized representatives shall have recourse to any remedy prescribed by law to secure entry.
(b)  Whenever the owner, occupant, or other person having control or charge of the building or premises is presented with a proper inspection warrant or other authorization prescribed by law to secure entry and a request for entry is made, the owner, occupant, or other person having control or charge of the building or premises shall promptly permit the entry of the authorized representatives of the department for the purpose of inspection and examination authorized by this chapter.
(Amended by Stats. 2021, Ch. 143, Sec. 320. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 6 - Enforcement › Section 129990.

129990. The department may order the vacating of any building or structure found to have been in violation of the adopted regulations of the department and may order the use of the building or structure discontinued within the time prescribed by the department upon the service of notice to the owner or other person having control or charge of the building or structure. Any owner or person having control so served shall, upon request made within 15 days of the written notice, be entitled to a hearing pursuant to Section 11506 of the Government Code.
(Amended by Stats. 2021, Ch. 143, Sec. 321. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 7 - Penalties › Section 129998.

129998. (a)  Any person who violates any provision of this chapter is guilty of a misdemeanor.
(b)  This section shall not apply to correctional treatment centers. This subdivision shall not affect any civil or administrative liability against correctional treatment centers or persons employed by these centers. This subdivision shall remain operative only until January 1, 1994.
(Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 8 - New State Responsibilities For Seismic Safety in Hospitals › Section 130002.

130002. (a) The Legislature finds and declares all of the following:
(1) Following a major earthquake, Californians will rely on their community hospitals to provide care to those who are injured, to continue to care for those already within the hospital, and to respond to the emergent needs of new patients.
(2) Under existing law, all hospital buildings providing acute care services in California are required to be fully functional to provide care following an earthquake as of 2030. This standard includes both structural performance categories (SPC) and nonstructural performance categories (NPC), such as for electricity, water, sewage, oxygen, and other mechanical and electrical systems.
(3) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, which was passed after the 1971 Sylmar earthquake that caused the collapse of the Veteran Administration Hospital and killed 47 people, as well as the collapse of large sections of Olive View County Hospital, which led to its closure six weeks after it opened, required that new hospital construction be seismically sound. The act’s focus on new hospital construction was based on the understanding that the useful life of hospital buildings was 20 to 30 years and that most existing hospital buildings would be replaced by the mid-1990s.
(4) The 1994 Northridge earthquake showed that nonstructural damage is a serious threat to patient safety and a hospital’s capacity to function. Also, as of 1994, most hospital buildings still predated 1972 and thus were at risk of collapse in a major earthquake.
(5) As of 2022, most hospitals in California do not fully meet the seismic safety standards that will be required in order to remain operational past the 2030 deadline.
(6) Patients receiving care in seismically deficient hospitals when an earthquake occurs will be at risk of needing to be immediately evacuated, even if other hospitals in the area have also been impacted by the earthquake. Additionally, seismically deficient hospital buildings may not be available to treat new patients.
(7) It is critical for cities, counties, and the state to fully understand hospitals’ seismic safety compliance in order to prepare earthquake response and recovery plans.
(b) The Legislature reaffirms its commitment to Californians that hospitals will be fully functional and able to provide hospital care to Californians after an earthquake.
(c) Therefore, it is the intent of the Legislature to ensure that the Department of Health Care Access and Information, Office of Emergency Services, relevant local government entities, and other interested parties are notified of the status of acute care hospitals’ compliance with existing requirements that the facilities be fully functional to provide care following an earthquake as of 2030.
(Added by Stats. 2022, Ch. 584, Sec. 1. (AB 1882) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 8 - New State Responsibilities For Seismic Safety in Hospitals › Section 130006.

130006. (a) A hospital building that is classified as SPC-2 shall be identified as “These buildings do not significantly jeopardize life, but may not be repairable or functional following an earthquake” on the department’s internet website and in all documents and submissions to the department by the hospital owner relating to compliance with Section 130065.
(b) A hospital building that is classified as both SPC-5 and NPC-5 may be labeled “earthquake resilient” on the department’s internet website and in all documents and submissions to the department by the hospital owner relating to compliance with Section 130065.
(Added by Stats. 2022, Ch. 584, Sec. 2. (AB 1882) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 8 - New State Responsibilities For Seismic Safety in Hospitals › Section 130010.

130010. The department is responsible for reviewing and approving seismic evaluation reports, compliance schedules and construction documents that are developed by hospital owners, and field review of construction for work done pursuant to this article.
(Amended by Stats. 2021, Ch. 143, Sec. 324. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 8 - New State Responsibilities For Seismic Safety in Hospitals › Section 130020.

130020. (a) By December 31, 1996, the California Building Standards Commission shall review, revise as necessary and adopt earthquake performance categories, seismic evaluation procedures, and standards and timeframes for upgrading the most critical nonstructural systems as developed by the department. By June 30, 1997, the California Building Standards Commission shall review, revise as necessary, and adopt seismic retrofit building standards and procedures for reviewing requests and granting delays to hospitals that demonstrate a need for more time to comply with Section 130060.
(b) For purposes of this section all submittals made by the department pursuant to subdivisions (i) and (j) of Section 130005 shall be deemed as emergency regulations and adopted as such.
(Amended by Stats. 2021, Ch. 143, Sec. 325. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 8 - New State Responsibilities For Seismic Safety in Hospitals › Section 130025.

130025. (a) In the event of a seismic event, or other natural or manmade calamity that the department believes is of a magnitude so that it may have compromised the structural integrity of a hospital building, or any major system of a hospital building, the department shall send one or more authorized representatives to examine the structure or system. “System” for these purposes shall include, but not be limited to, the electrical, mechanical, plumbing, and fire and life safety system of the hospital building. If, in the opinion of the department, the structural integrity of the hospital building or any system has been compromised and damaged to a degree that the hospital building has been made unsafe to occupy, the department may cause to be placed on the hospital building either a red tag, a yellow tag, or a green tag.
(b) A “red” tag shall mean the hospital building is unsafe and shall be evacuated immediately. Access to red-tagged buildings shall be restricted to persons authorized by the department to enter.
(c) A “yellow” tag shall mean that the hospital building has been authorized for limited occupancy, and the authorized representative of the department shall write directly on the yellow tag that portion of the hospital building that may be entered with or without restriction and those portions that may not.
(d) A “green” tag shall mean the hospital building and all of its systems have been inspected by an authorized agent of the department, and have been found to be safe for use and occupancy.
(e) Any law enforcement or other public safety agency of this state shall grant access to hospital buildings by authorized representatives of the department upon the showing of appropriate credentials.
(f) For purposes of this section, “hospital building” includes the buildings referred to in paragraphs (2) and (3) of subdivision (b) of Section 129725.
(Amended by Stats. 2021, Ch. 143, Sec. 326. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130050.

130050. (a)  Within three years after the adoption of the standards described in Section 130020, owners of all general acute care hospitals shall:
(1)  Conduct seismic evaluations in accordance with procedures developed by the department pursuant to subdivision (e) of Section 130005 and submit evaluations to the department for its review and approval.
(2)  Identify the most critical nonstructural systems that represent the greatest risk of failure during an earthquake and submit the timetables for upgrading those systems pursuant to subdivision (f) of Section 130005 to the department for its review and approval.
(3)  With respect to the nonstructural performance evaluation required by this subdivision, the evaluation need not exceed those required by the nonstructural performance category the hospital owner has elected. Additional evaluations shall be obtained if the hospital owner elects to obtain a higher nonstructural performance category at a future date. A hospital owner shall report to the department all deficiencies that are pertinent to the nonstructural performance category the hospital owner has elected to attain. A complete nonstructural evaluation and list of nonstructural deficiencies shall be submitted to the department prior to the hospital owner selling or leasing the hospital to another party.
(b)  Within three years after the adoption of standards described in Section 130020, owners of all general acute care hospitals shall prepare a plan and compliance schedule for each building under the department’s jurisdiction that indicates the steps by which the hospital intends to bring their hospital buildings into substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act, identifies the phasing out of or retrofit of noncomplying structures and systems, or outlines steps for relocation of acute care services to facilities that comply with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act, and presents comprehensive plans and compliance schedules to the department for its review and approval, and integrates this schedule into the facility’s master plan.
(c)  Owners of all general acute care hospitals may be granted a one year allowance from the requirements of subdivision (b) by the department if they demonstrate a need for more time to prepare plans and compliance schedules for their buildings.
(Amended by Stats. 2021, Ch. 143, Sec. 327. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130055.

130055. On and after July 1, 2023, general acute hospital building owners shall do both of the following annually until each of the hospital buildings owned by that hospital building owner is compliant with Section 130065.
(a) Include all pertinent information regarding the building’s expected earthquake performance in emergency training, response, and recovery plans.
(b) Include all pertinent information regarding the building’s expected earthquake performance in capital outlay plans.
(Amended by Stats. 2022, Ch. 584, Sec. 3. (AB 1882) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 7 - FACILITIES DESIGN REVIEW AND CONSTRUCTION › CHAPTER 1 - Health Facilities › ARTICLE 9 - Hospital Owner Responsibilities › Section 130063.

130063. (a)  With regard to a general acute care hospital building located in Seismic Zone 3 as indicated in the 1995 edition of the California Building Standards Code, any hospital may request an exemption from Non-Structural Performance Category-3 requirements in Title 24 of the California Code of Regulations if the hospital building complies with the year 2002 nonstructural requirements.
(b)  The department shall determine the maximum allowable level of earthquake ground shaking potential for purposes of this section.
(c)  To qualify for an exemption under this section, a hospital shall provide a site-specific engineering geologic report that demonstrates an earthquake ground shaking potential below the maximum allowable level of earthquake ground shaking potential determined by the department pursuant to subdivision (b).
(d)  (1)  To demonstrate an earthquake ground shaking potential as provided in subdivision (c), a hospital shall submit a site-specific engineering geologic report to the department.
(2)  The department shall forward the report received from a hospital to the Division of Mines and Geology in the Department of Conservation for purposes of a review.
(3)  If, after review of the analysis, the Division of Mines and Geology concurs with the findings of the report, it shall return the report with a statement of concurrence to the office. Upon the receipt of the statement, if the ground shaking potential is below that established pursuant to subdivision (b), the department shall grant the exemption requested.
(e)  A hospital building that is eligible for an exemption under this section shall meet the January 1, 2030, nonstructural requirement deadline if the building is to be used for general acute care inpatient services after January 1, 2030.
(f)  A hospital requesting an exemption pursuant to this section shall pay the actual expenses incurred by the department and the Division of Mines and Geology.
(g)  All regulatory submissions to the California Building Standards Commission made by the department for purposes of this section shall be deemed to be emergency regulations and shall be adopted as emergency regulations. This emergency regulation authority shall remain in effect until January 1, 2004.
(Amended by Stats. 2021, Ch. 143, Sec. 333. (AB 133) Effective July 27, 2021.)