reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 6 - Community Mental Health Facilities Loan Insurance › Section 129245.

129245. No loan insurance shall be provided pursuant to this article for the purpose of providing psychiatric inpatient services in an acute psychiatric hospital or a general acute care hospital.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 6 - Community Mental Health Facilities Loan Insurance › Section 129250.

129250. The Legislative Analyst shall review and comment on the utilization and effectiveness of this article in the annual budget analysis and in hearings.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 6 - Community Mental Health Facilities Loan Insurance › Section 129255.

129255. If, in construing Article 6 (commencing with Section 129225) of this chapter as applied to the other provisions of this chapter, any conflict arises, this article shall prevail over the other provisions of this chapter.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 6 - Community Mental Health Facilities Loan Insurance › Section 129260.

129260. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 7 - Small Facility Loan Guarantee for Developmental Disability Programs › Section 129275.

129275. This article shall be known, and may be cited, as the Small Facility Loan Guarantee for Programs Serving People with Developmental Disabilities.
(Amended by Stats. 2010, Ch. 730, Sec. 2. (AB 1629) Effective October 19, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 7 - Small Facility Loan Guarantee for Developmental Disability Programs › Section 129285.

129285. (a) Loans of under three hundred thousand dollars ($300,000) for any single facility for six or fewer developmentally disabled shall have priority for obtaining loan insurance.
(b) The total amount of loans that may be insured pursuant to this article shall not exceed one hundred million dollars ($100,000,000).
(Amended by Stats. 2010, Ch. 730, Sec. 4. (AB 1629) Effective October 19, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 7 - Small Facility Loan Guarantee for Developmental Disability Programs › Section 129290.

129290. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 7 - Small Facility Loan Guarantee for Developmental Disability Programs › Section 129295.

129295. The department may insure, pursuant to this article, loans to nonprofit borrowers that are not licensed to operate the facilities for which the loans are insured, provided that the borrower has entered into a long-term residency lease agreement with a service provider selected by the applicable regional center to operate that facility. The number of facilities for which loans are insured under this section shall not exceed 100 and the aggregate amount of loans insured under this section shall not exceed one hundred million dollars ($100,000,000).
(Amended by Stats. 2021, Ch. 143, Sec. 273. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 9 - Rural Hospital Grant Program › Section 129325.

129325. It is the intent of the Legislature in enacting this article to assist rural hospitals that play a vital role in the health delivery system. The Legislature recognizes the difficulties rural hospitals encounter meeting urban hospital standards while serving a small, rural, or tourist patient base. However, it is not the intent of the Legislature to provide assistance to facilities that can only survive with continuous subsidies. Rather, it is the intent of the Legislature, through this program, to encourage the development and transition to an alternative rural hospital model, and to provide essential access to services not available at the alternative rural hospital level.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 9 - Rural Hospital Grant Program › Section 129330.

129330. In each even-numbered year, the department shall contract for an actuarial study to determine the reserve sufficiency of funds in the Health Facility Construction Loan Insurance Fund. The study shall examine the portfolio of existing insured loans and shall estimate the amount of reserve funds that the department should reasonably have available to be able to respond adequately to potential foreseeable risks, including extraordinary administrative expenses and actual defaults. Actuarial study contracts shall be exempt from Section 10373 of the Public Contract Code and shall be considered sole-source contracts.
(Amended by Stats. 2021, Ch. 143, Sec. 274. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 9 - Rural Hospital Grant Program › Section 129335.

129335. (a)  In each odd-numbered year when the reserve balance in the fund is projected to be in excess of that actuarially needed, the department may, subject to authority in the Budget Act, grant excess reserve funds to rural hospitals.
(b)  Whenever the department administers the grant program, it shall do so by a competitive process where potential grantees have sufficient time to apply. Priority for funds shall be given to alternative rural hospitals and rural hospitals that are sole community providers. Priority shall also be given to applicants that are otherwise financially viable, but request one-time financial assistance for equipment expenditures or other capital outlays. The maximum amount of any grant for a single project in any one grant year shall be two hundred fifty thousand dollars ($250,000).
(c)  For the purposes of this article, “rural hospital” shall have the same meaning as contained in subdivision (a) of Section 124840.
(Amended by Stats. 2021, Ch. 143, Sec. 275. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 10 - Community Health Center Facilities Loan Insurance › Section 129350.

129350. This article shall be known and may be cited as the Community Health Center Facilities Loan Insurance Law.
(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 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 1 - Health Facility Construction Loan Insurance › ARTICLE 10 - Community Health Center Facilities Loan Insurance › Section 129355.

129355. (a)  “Community health center facilities,” as used in this article, means those licensed, nonprofit primary care clinics as defined in paragraph (1) of subdivision (a) of Section 1204.
(b)  Notwithstanding subdivision (i) of Section 129050, any loan in the amount of five million dollars ($5,000,000) or less for a community health center facility pursuant to this chapter may be insured up to 95 percent of the total construction cost.
(c)  Community health center facilities applying for any loan insurance pursuant to this chapter, may use existing equity in buildings, equipment, and donated assets, including, but not limited to, land and receipts from expenses related to the capital outlay for the project, notwithstanding the date of occurrence to meet the equity requirements of this chapter. In determining the value of the equity in any donated property, the department may use the original purchase price or the current appraised value.
(d)  Any state plan referred to in Section 129020 developed by the department shall include a chapter identifying any impediments that preclude small facilities from utilizing the California Health Facility Construction Loan Insurance Program. The state plan shall also include specific programmatic remedies to enable small projects to utilize the program if impediments are found.
(Amended by Stats. 2021, Ch. 143, Sec. 276. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129380.

129380. (a) This program shall be known, and may be cited, as the Distressed Hospital Loan Program.
(b) The purpose of this program is to provide interest-free cashflow loans to not-for-profit hospitals and public hospitals in significant financial distress or to governmental entities representing a closed hospital, except as otherwise provided, to prevent the closure of, or facilitate the reopening of, those hospitals.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129381.

129381. For the purposes of this chapter, the following definitions apply:
(a) “Authority” means the California Health Facilities Financing Authority.
(b) “Closed hospital” means a hospital that closed after January 1, 2022.
(c) “Department” means the Department of Health Care Access and Information.
(d) “Not-for-profit hospital” means the same as a general acute care hospital described in paragraph (1) of subdivision (d) of Section 15432 of the Government Code that is organized as a not-for-profit entity.
(e) “Program” means the Distressed Hospital Loan Program.
(f) “Public hospital” means a hospital that is licensed to a county, a city, a city and county, the University of California, a local health care district, a local health authority, or a municipal hospital established pursuant to Article 7 (commencing with Section 37600) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129382.

129382. (a) The department shall administer the program, subject to subdivision (d) of Section 129385, for purposes of this chapter.
(b) The department shall enter into an interagency agreement with the authority to implement this chapter.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129384.

129384. (a) Notwithstanding Sections 15432 and 15451.5 of the Government Code, unless subdivision (c) applies, a hospital shall be required to begin making monthly repayments of the loan after the first 18 months and shall discharge the loan within 72 months of the date of the loan.
(b) Notwithstanding any other law and to the extent permissible under federal rules, security for the cashflow loans in this chapter shall be Medi-Cal reimbursements due to the hospital from the State Department of Health Care Services. The department’s or authority’s recoupment of these cashflow loans shall not exceed 20 percent of the hospital’s respective Medi-Cal checkwrite payments until the loan amount has been satisfied. In the event that a 20-percent withhold will not result in full repayment of the loan within a 72-month period, the department may extend the repayment term of the loan.
(c) (1) The department, in consultation with the authority, and upon approval of the Department of Finance, shall develop an application and approval process for loan forgiveness or modification of the terms of the loan, including a delay of the beginning of the loan repayment period or an extension of the 72-month loan repayment term, or both. The process shall include, but is not limited to, eligibility criteria for an applicant for loan forgiveness or modification, including which portion of a loan may be forgiven or modified.
(2) The department shall provide loan forgiveness or modification of loan terms to an applicant based upon criteria determined by the department and subject to the approval of the department and the authority. The Department of Finance shall be authorized to approve any loan forgiveness and any modification of loan terms that would result in the extension of the payback period by more than one year.
(3) The department shall also establish the terms and conditions associated with accepting loan forgiveness or modification of loan terms, subject to approval of the Department of Finance.
(4) Before any action on a request for forgiveness or modification of any loan that would result in the extension of the payback period by more than one year, and again not later than 60 days after final approval or denial of the forgiveness or modification, the department shall submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature notice of the request and the subsequent action, including a summary of the request and reason for the denial, approval, or modification.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129386.

129386. (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the authority and the department may implement, interpret, or make specific this chapter, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action.
(b) For purposes of implementing this chapter, the authority and the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, pursuant to Section 129387.)
2023 California Code › Health and Safety Code - HSC › DIVISION 107 - HEALTH CARE ACCESS AND INFORMATION › PART 6 - FACILITIES LOAN INSURANCE AND FINANCING › CHAPTER 4 - Distressed Hospital Loan Program › Section 129387.

129387. This chapter shall remain in effect only until January 1, 2032, and as of that date is repealed.
(Added by Stats. 2023, Ch. 6, Sec. 3. (AB 112) Effective May 15, 2023. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Chapter 4, commencing with Section 129380.)
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 1 - General Provisions › Section 129675.

129675. This chapter shall be known and may be cited as the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983.
(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 1 - General Provisions › Section 129680.

129680. (a)  It is the intent of the Legislature that hospital buildings that house patients who have less than the capacity of normally healthy persons to protect themselves, and that must be reasonably capable of providing services to the public after a disaster, shall be designed and constructed to resist, insofar as practical, the forces generated by earthquakes, gravity, and winds. In order to accomplish this purpose, the department shall propose proper building standards for earthquake resistance based upon current knowledge, and provide an independent review of the design and construction of hospital buildings.
(b)  Local jurisdictions are preempted from the enforcement of all building standards published in the California Building Standards Code relating to the regulation of hospital buildings and the enforcement of other regulations adopted pursuant to this chapter, and all other applicable state laws, including plan checking and inspection of the design and details of the architectural, structural, mechanical, plumbing, electrical, and fire and panic safety systems, and the observation of construction. The department shall assume these responsibilities.
(c)  Where local jurisdictions have more restrictive requirements for the enforcement of building standards, other building regulations, and construction supervision, these requirements shall be enforced by the department.
(d)  Each local jurisdiction shall keep the department advised as to the existence of any more restrictive local requirements. Where a reasonable doubt exists as to whether the requirements of the local jurisdiction are more restrictive, the effect of these requirements shall be determined by the Hospital Building Safety Board.
It is further the intent of the Legislature that the department, with the advice of the Hospital Building Safety Board, may conduct or enter into contracts for research regarding the reduction or elimination of seismic or other safety hazards in hospital buildings or research regarding hospital building standards.
(Amended by Stats. 2021, Ch. 143, Sec. 278. (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 2 - Definitions › Section 129700.

129700. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
(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 2 - Definitions › Section 129705.

129705. “Architect” means a person who is certified and holds a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code.
(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 2 - Definitions › Section 129710.

129710. “Construction or alteration” includes any construction, reconstruction, or alteration of, or addition to, any hospital building.
(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 2 - Definitions › Section 129715.

129715. “Director” means the Director of the Department of Health Care Access and Development.
(Amended by Stats. 2021, Ch. 143, Sec. 279. (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 2 - Definitions › Section 129720.

129720. “Engineering geologist” means a person who is validly certified under Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code.
(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 2 - Definitions › Section 129730.

129730. (a)  Space for the following functions shall be considered “outpatient clinical services,” when provided in a freestanding building that is separated from a hospital building where inpatient hospital services are provided: administrative space; central sterile supply; storage; morgue and autopsy facilities; employee dressing rooms and lockers; janitorial and housekeeping facilities; and laundry.
(b)  The outpatient portions of the following services may also be delivered in a freestanding building and shall be considered “outpatient clinical services:” surgical; chronic dialysis; psychiatry; rehabilitation; occupational therapy; physical therapy; maternity; dentistry; and chemical dependency.
(c)  Services that duplicate basic services, as defined in subdivision (a) of Section 1250, or services that are provided as part of a basic service, but are not required for facility licensure may also be provided in a freestanding building.
(d)  The department shall not approve any plans that propose to locate any function listed in subdivision (a) in a freestanding building until the State Department of Health Services certifies to the department that it has received and approved a plan acceptable to the State Department of Health Services that demonstrates how the health facility will continue to provide all basic services in the event of any emergency when the freestanding building may no longer remain functional.
(e)  Services listed in subdivisions (b) and (c) are subject to the same 25-percent inpatient limitation described in Section 129725.
(Amended by Stats. 2021, Ch. 143, Sec. 280. (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 2 - Definitions › Section 129735.

129735. “Light steel frame construction” means building construction using bearing walls composed of light gauge steel studs for its primary vertical support systems.
(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 2 - Definitions › Section 129740.

129740. “Department” means the Department of Health Care Access and Information.
(Amended by Stats. 2021, Ch. 143, Sec. 281. (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 2 - Definitions › Section 129745.

129745. “Structural engineer” means a person who is validly certified to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.
(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 3 - General Requirements and Administration › Section 129750.

129750. The department shall observe the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it deems necessary to comply with this chapter for the protection of life and property.
(Amended by Stats. 2021, Ch. 143, Sec. 282. (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 129760.

129760. The governing board of each hospital or other hospital governing authority, before adopting any plans for the hospital building, shall submit the plans to the department for approval and shall pay the fees prescribed in this chapter.
(Amended by Stats. 2021, Ch. 143, Sec. 283. (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 129761.

129761. The department shall use, to the extent possible, information technology to facilitate the timely performance of its duties and responsibilities under this chapter.
(Amended by Stats. 2021, Ch. 143, Sec. 284. (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 129765.

129765. (a) Except as set forth in subdivision (b), the application for approval of the plans shall be accompanied by the plans, including full, complete, and accurate specifications, and structural design computations, which shall comply with the requirements prescribed by the department. The department may permit electronic submission, review, and approval of plans.
(b) Notwithstanding subdivision (a), the department, in its sole discretion, may enter into a written agreement with the hospital governing authority for the phased submittal and approval of plans. The department shall charge a fee for the review and approval of plans submitted pursuant to this subdivision. This fee shall be based on the estimated cost, but shall not exceed the actual cost, of the entire phased review and approval process for those plans. This fee shall be deducted from the application fee pursuant to Section 129785.
(Amended by Stats. 2021, Ch. 143, Sec. 285. (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 129770.

129770. (a)  The department shall pass upon and approve or reject all plans for the construction or the alteration of any hospital building, independently reviewing the design to assure compliance with the requirements of this chapter. The department shall review the structural systems and related details, including the independent review of the geological data. Geological data shall be reviewed by an engineering geologist, and structural design data shall be reviewed by a structural engineer.
(b)  Whenever the department finds a violation of this chapter that requires correction, a citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated.
(Amended by Stats. 2021, Ch. 143, Sec. 286. (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 129775.

129775. (a)  Except as otherwise provided in subdivision (b), plans submitted pursuant to this chapter for work that affects structural elements shall contain an assessment of the nature of the site and potential for earthquake damage, based upon geologic and engineering investigations and reports by competent personnel of the causes of earthquake damage. One-story Type V wood frame or light steel frame, or light steel and wood frame construction of 4,000 square feet or less, shall be exempt from the provisions of this section, unless the project is within a special study zone established pursuant to Section 2622 of the Public Resources Code.
(b)  The requirements of subdivision (a) may be waived by the department when the department determines that these requirements for the proposed hospital project are unnecessary and would not be beneficial to the safety of the public. The department, after consultation with the Building Safety Board, shall adopt regulations defining the criteria upon which the determination of a waiver shall be made.
(Amended by Stats. 2021, Ch. 143, Sec. 287. (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 129780.

129780. The engineering investigation shall be correlated with the geologic evaluation made pursuant to Section 129775.
(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 3 - General Requirements and Administration › Section 129787.

129787. (a) The payment of the filing fee described in Section 129785 may be postponed by the department if all of the following conditions are met:
(1) The proposed construction or alteration has been proposed as a result of any event that has been declared to be a disaster by the Governor.
(2) The department determines that the applicant cannot presently afford to pay the filing fee.
(3) The applicant has applied for federal disaster relief from the Federal Emergency Management Agency (FEMA) with respect to the disaster described in paragraph (1).
(4) The applicant is expected to receive disaster assistance within one year from the date of the application.
(b) If the department does not receive full payment of any fee for which payment has been postponed pursuant to subdivision (a) within one year from the date of plan approval, the statewide department may request an offset from the Controller for the unpaid amount against any amount owed by the state to the applicant, and may request additional offsets against amounts owed by the state to the applicant until the fee is paid in full. This subdivision shall not be construed to establish an offset as described in the preceding sentence as the exclusive remedy for the collection of any unpaid fee amount as described in that same sentence.
(Amended by Stats. 2021, Ch. 143, Sec. 289. (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 129790.

129790. The department shall propose specific space, architectural, structural, mechanical, plumbing, and electrical standards for correctional treatment centers in cooperation with the Board of Corrections, the Department of Corrections, and the Department of the Youth Authority.
(Amended by Stats. 2021, Ch. 143, Sec. 290. (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 129795.

129795. All fees shall be paid into the State Treasury and credited to the Hospital Building Fund, that is hereby created and continuously appropriated without regard to fiscal years for the use of the department, subject to approval of the Department of Finance, in carrying out this chapter. Adjustments in the amounts of the fees, as determined by the department and approved by the Department of Finance, shall be made within the limits set in Section 129785 in order to maintain a reasonable working balance in the account. Notwithstanding any other provision of law, any moneys collected pursuant to this chapter contained in the hospital building fund established by the Department of Finance, that are in the fund on January 1, 1994, shall be available for expenditure in accordance with this section.
(Amended by Stats. 2021, Ch. 143, Sec. 291. (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 129800.

129800. The director shall request the Department of Finance or the Auditor General to perform an audit of the uses of fees collected pursuant to Section 129785. This audit shall include, but not be limited to, an accounting of staff resources allocated to hospital plan reviews by the department and by the Office of the State Architect in the Department of General Services since these reviews are funded by fees collected pursuant to Section 129785. If the Department of Finance and the Auditor General indicate that other audit responsibilities will prohibit them from performing and completing the audit within six months of being initially requested to do so, then the department may contract with an independent organization to perform the audit.
(Amended by Stats. 2021, Ch. 143, Sec. 292. (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 129805.

129805. (a) All plans and specifications shall be prepared under the responsible charge of an architect or a structural engineer, or both. A structural engineer shall prepare the structural design and shall sign plans and specifications related thereto. Administration of the work of construction shall be under the responsible charge of the architect and structural engineer, except that where plans and specifications for alterations or repairs do not affect architectural or structural conditions, the plans and specifications may be prepared under the responsible charge of, and work of construction may be administered by, a professional engineer duly qualified to perform the services and holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which the plans, specifications, and estimates and work of construction are applicable.
(b) The department may exempt projects from the requirements of subdivision (a) where the plans and specifications are not ordinarily, in the standard practice of architecture and engineering, prepared by licensed architects or registered engineers, or both, and are not a component of a project prepared under the responsible charge of a licensed architect or registered engineer, or both. To implement this authority, the department shall adopt regulations, consistent with this section, that specify which projects may be exempted from the requirements of subdivision (a).
(Amended by Stats. 2021, Ch. 143, Sec. 293. (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 129810.

129810. Before commencing any construction or alteration of any hospital building, the written approval of the necessary plans as to safety of design and construction, by the department, shall be obtained.
(Amended by Stats. 2021, Ch. 143, Sec. 294. (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 129812.

129812. Notwithstanding any other provision of law, the department may utilize an over-the-counter plan review process.
(Amended by Stats. 2021, Ch. 143, Sec. 295. (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 129815.

129815. Any permit or authorization issued or provided pursuant to this chapter shall be subject to Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2 of the Government Code.
(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 3 - General Requirements and Administration › Section 129820.

129820. No contract for the construction or alteration of any hospital building, made or executed on or after January 1, 1983, by the governing board or authority of any hospital or other similar public board, body, or officer otherwise vested with authority to make or execute the contract, is valid, and no money shall be paid for any work done under the contract or for any labor or materials furnished in constructing or altering the hospital building, unless all of the following requirements are satisfied:
(a)  The plans and specifications comply with this chapter and the requirements contained in the California Building Standards Code.
(b)  The written approval thereof has first been obtained from the department.
(c)  The hospital building is to be accessible to, and usable by, persons with disabilities.
(d)  The plans and specifications comply with the fire and panic safety requirements of the California Building Standards Code.
(Amended by Stats. 2021, Ch. 143, Sec. 296. (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 129825.

129825. (a)  The hospital governing board or authority shall provide for and require competent and adequate inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer, or both, and the department. Except as otherwise provided in subdivision (b), the inspector shall act under the direction of the architect or structural engineer, or both, and be responsible to the board or authority. Nothing in this section shall be construed to prohibit any licensed architect, structural engineer, mechanical engineer, electrical engineer, or any facility maintenance personnel, if approved by the department, from performing the duties of an inspector.
(b)  If alterations or repairs are to be conducted under the supervision of a professional engineer pursuant to Section 129805, the inspector need only be satisfactory to the department and to the professional engineer, and the inspector shall act under the direction of the professional engineer.
(c)  The department shall make an inspection of the hospital buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this chapter and the protection of the safety of the public.
Whenever the department finds a violation of this chapter that requires correction, the citation of the violation shall be issued to the hospital governing board or authority in writing and shall include a proper reference to the regulation or statute being violated.
(d)  The department shall approve inspectors that shall be limited to the following:
(1)  “A” inspectors, who may inspect all areas of construction specialty, including, but not limited to, structural.
(2)  “B” inspectors, who may inspect all areas of construction specialty, except structural.
(3)  “C” inspectors, who may inspect one or more areas of construction specialty, including structural, but may not inspect the scope of construction specialties authorized for “A” or “B” inspectors.
(e)  (1)  As part of its approval process, the department shall initially and periodically examine inspectors by giving either a written examination or a written and oral examination. The department may charge a fee for the examination process calculated to cover its costs. Inspectors who have not passed a written examination shall not be approved by the department until they have successfully passed the written examination. No employee of the department performing field inspections or supervising the field inspections shall be approved as an inspector on any construction project pursuant to this chapter for a period of one year after leaving employment of the department.
(2)  The department shall develop regulations for the testing and approval of inspectors.
(Amended by Stats. 2021, Ch. 143, Sec. 297. (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 129830.

129830. From time to time, as the work of construction or alteration progresses and whenever the department requires, the architect or structural engineer, or both, in charge of construction or registered engineer in charge of other work, the inspector on the work, and the contractor shall each make a report, duly verified by them, upon a form prescribed by the department showing, of their personal knowledge, that the work during the period covered by the report has been performed and materials used and installed are in accordance with the approved plans and specifications, setting forth detailed statements of fact as required by the department.
The term “personal knowledge,” as used in this section and as applied to the architect or registered engineer, or both, means the personal knowledge that is obtained by periodic visits to the project site of reasonable frequency, for the purpose of general observation of the work, and that is also obtained from the reporting of others as to the progress of the work, testing of materials, and inspection and superintendence of the work that is performed between the periodic visits of the architect or the registered engineer. Reasonable diligence shall be exercised in obtaining the facts.
The term “personal knowledge,” as applied to the inspector, means the actual personal knowledge that is obtained from the inspector’s personal continuous inspection of the work of construction in all stages of its progress at the site where the inspector is responsible for inspection, and when work is carried out away from the site, that 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. Reasonable diligence shall be exercised in obtaining the facts.
The term “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.
(Amended by Stats. 2021, Ch. 143, Sec. 298. (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 129835.

129835. Upon written request to the department by the governing board or authority of any hospital, the department shall make, or cause to be made, an examination and report on the condition of any hospital building subject to the payment by the governing board or authority of the actual expenses incurred by the department.
(Amended by Stats. 2021, Ch. 143, Sec. 299. (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 129840.

129840. Subsequent to the occurrence of any earthquake, the department may make, or cause to be made, studies of health facilities within the area involved.
(Amended by Stats. 2021, Ch. 143, Sec. 300. (AB 133) Effective July 27, 2021.)