California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 6 - Construction Financing Program › Article 3 - Application to Participate in Construction Financing Programs › Section 1749.1 - Submittal of Performance Criteria and Concept Drawings for Design-Build Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Performance criteria or performance criteria and concept drawings shall be
					 submitted to the BSCC for review and approval before the county issues a
					 request for proposals for the services of a design-build entity.
(b) Construction documents shall be submitted
					 to the BSCC and the State Fire Marshal for review and approval.
(c) The BSCC will review the construction
					 documents as soon as practicable, but no later than thirty (30) calendar days
					 for Phase I and Phase II projects and no later than forty-five (45) calendar
					 days for Adult Local Criminal Justice Facility projects, SB 1022, SB 863, and
					 SB 844. In the event of any major deficiencies, the BSCC will notify the county
					 in writing. Deficiencies may be identified as either failures to comply with
					 minimum jail standards or as design features that may pose serious safety,
					 security, operational, or management problems if left uncorrected, even where
					 minimum jail standards are not violated.
(d) Pursuant to California Government Code
					 Sections
					 15820.906,
					 15820.916,
					 15820.925,
					 15820.935,
					 and
					 15820.945,
					 to enhance safety and security, the BSCC may require changes in construction
					 materials if the materials proposed with the construction documents are not
					 essential or customary, as used statewide for same security level
					 facilities.
(e) Deficiencies in
					 compliance with the operational and physical plant requirements in the Minimum
					 Standards for Local Detention Facilities in Title, 15, CCR, Division 1, Chapter
					 1, Subchapter 4 and Title 24, CCR, Part 1, Section
					 13-102 and Part 2, Section
					 1231 and construction materials
					 shall be corrected prior to completion of construction.
(f) The Board will have final approval of all
					 projects, and Board approval or disapproval of any project is not subject to
					 the appeal process as described in Article 5.
(g) No state moneys shall be encumbered in
					 contracts let by a participating county until performance criteria or
					 performance criteria and concept drawings have been approved by the BSCC
					 pursuant to subsection (a) and a design-build contract has been
					 awarded.
1. New
						section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010,
						No. 48). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 11-22-2010 order transmitted
						to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
3.
						Amendment of section heading, section and NOTE filed 1-9-2014 as an emergency;
						operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be
						transmitted to OAL by 7-8-2014 or emergency language will be repealed by
						operation of law on the following day.
4. Amendment of section
						heading, section and NOTE refiled 7-7-2014 as an emergency; operative 7-7-2014
						(Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL
						by 10-6-2014 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 7-7-2014 order
						transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register 2014, No.
						45).
6. Amendment of subsections (c) and (d) and amendment of NOTE
						filed 6-18-2015 as an emergency; operative 6-18-2015 (Register 2015, No. 25). A
						Certificate of Compliance must be transmitted to OAL by 12-15-2015 or emergency
						language will be repealed by operation of law on the following
						day.
7. Certificate of Compliance as to 6-18-2015 order transmitted
						to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).
8.
						Amendment of subsections (c) and (d) and amendment of NOTE filed 12-29-2016 as
						an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of
						Compliance must be transmitted to OAL by 6-27-2017 or emergency language will
						be repealed by operation of law on the following day.
9. Amendment
						of subsections (c) and (d) and amendment of NOTE refiled 6-28-2017 as an
						emergency; operative 6-28-2017 (Register 2017, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 9-26-2017 or emergency language will
						be repealed by operation of law on the following day.
10.
						Certificate of Compliance as to 6-28-2017 order transmitted to OAL 9-22-2017
						and filed 11-3-2017 (Register 2017, No. 44).
Note: Authority cited: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code; and Section
						  6030, Penal
						  Code. Reference: Sections
						  15820.901,
						  15820.906,
						  15820.911,
						  15820.916,
						  15820.92,
						  15820.925,
						  15820.93,
						  15820.935,
						  15820.94
						  and
						  15820.945,
						  Government Code; and Section
						  6029, Penal
						  Code.