Article 11 — LABORATORY ACCEPTANCE — 2025 California Administrative Code (Title 24, Part 1)

4-370 DSA Laboratory Evaluation and Acceptance. ¶

Only laboratories that hold a valid laboratory acceptance letter issued by the DSA Laboratory Evaluation and Acc

4-370. DSA Laboratory Evaluation and Acceptance. Only laboratories that hold a valid laboratory acceptance letter issued by the DSA Laboratory Evaluation and Acceptance (LEA) program in accordance with Section 4-372 are eligible to conduct special inspection and/or material testing services on public school and community college construction projects.

4-370.1. Fees. Fees are required in the LEA program to cover the costs of evaluating the laboratory. These fees are nonrefundable and shall not exceed the following:
- (a) Application fee. Fee is due at application submittal and is assessed each time an application is submitted.
  1. $8,000.00 for New Applicant, Renewal of Acceptance, Re-Evaluation (following Acceptance Withdrawn).
  2. $2,000.00 for Laboratory Location Change.
  3. $1,000.00 for Engineering Manager Change.
  4. $500.00 for Changes to Supervisors, Laboratory Name, Laboratory Services.
4-371. Laboratory accreditation criteria. The laboratory shall obtain and maintain accreditation in accordance with ASTM E329-

11: Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection , through the period of acceptance, including:

(a) Receiving on-site assessments and quality system evaluations, as applicable to the laboratory’s scope of services, by the following:

1. The American Association of State Highway and Transportation Officials (AASHTO) re:source. 

2. The Cement and Concrete Reference Laboratory (CCRL).

(b) Maintaining accreditation from the AASHTO Accreditation Program (AAP).

1. ASTM C1077 (Aggregate). 

2. ASTM C1077 (Concrete). 

3. ASTM C1093 (Masonry). 

4. ASTM D3740 (Soil).

(d) Maintaining participation in applicable AASHTO re:source and CCRL proficiency sample programs.
(e) Other nationally recognized evaluation services or accreditation bodies may be accepted if such entities are deemed equivalent by DSA.
4-372. Acceptance requirements. A laboratory shall meet the requirements of this section to obtain laboratory acceptance.
- 4-372.1 Laboratory acceptance process. To begin the laboratory acceptance process, a laboratory shall submit the following:
  - (a) A laboratory evaluation application including:
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1. Laboratory contact information. 

2. Personnel list. 

3. Personnel qualifications/certifications. 

4. Laboratory accreditation information.
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  1. Laboratory scope of services.
  2. Subcontractors.
  3. Quality management system.
- (b) Provide or authorize the release of accreditation, assessment and proficiency sample testing information in accordance with Section 4-371.
(c) Disclosure of personnel who are restricted from being on a school site when minors are present.
- (d) Payment of an application fee.
- (e) A completed tax/child or family support delinquency form upon successful completion of the on-site laboratory evaluation.
4-372.2. Engineering manager . A laboratory shall employ a full-time engineering manager with the following qualifications:
- (a) Holds valid California license as a civil engineer.
- (b) Possesses a minimum of five years of relevant experience in the inspection and testing industry.
- (c) Holds a management position in the laboratory.
- (d) Is knowledgeable of Title 24, California Building Standards Code requirements pertaining to materials testing and special inspection.
- (e) Is not employed by any other DSA-accepted laboratory that provides special inspection or testing services on projects where DSA has jurisdiction.

4-372.3 On-site laboratory evaluation. ¶

Upon review that the submission of the documentation required by Section 4-372.1 meets the requirements, DSA will perform an on-site laboratory evaluation including but not limited to assessment of the following:

(a) Compliance with Sections 4-335.1 and 4-371 through 4-373.
(b) Demonstrable evidence that the laboratory engineering managerial and supervisory staff are familiar with Title 24, C.C.R. requirements pertinent to materials testing and special inspection.
(c) Demonstrable evidence of adequate quality management system, facilities, equipment, personnel expertise and technical references to permit the performance of testing and special inspections in compliance with applicable national standards and regulations.

4-372.4 Letter of acceptance. ¶

Upon successful completion of the on-site laboratory evaluation, DSA will issue a letter of laboratory acceptance to the engineeri

4-372.4. Letter of acceptance. Upon successful completion of the on-site laboratory evaluation, DSA will issue a letter of laboratory acceptance to the engineering manager which demonstrates that the laboratory has met the criteria established for performance of material testing and special inspection on projects under DSA jurisdiction, limited to the applicable scope of services for which the laboratory has been accepted. Laboratory acceptance is valid for a period of four years from the date of the letter of acceptance. Laboratories with valid acceptance will appear on the List of Accepted Laboratories published by DSA, indicating the types of tests and inspections for which they have been approved.

4-372.4.1. Conditions of acceptance. As a condition of acceptance, laboratories shall abide by the following:
- (a) Laboratories shall submit to audit in accordance with Section 4-372.5.
(b) Engineering managers shall ensure that laboratory personnel who perform work on a school site have no criminal convictions or restraining orders that restrict their ability to be in the vicinity of a school.
4-372.5. Laboratory audits. A laboratory that holds a valid letter of acceptance is subject to audit at any time during the period of acceptance.

4-372.5.1 Scope of audit. An audit of the laboratory includes, but is not limited to: ¶

4-372.5.1. Scope of audit. An audit of the laboratory includes, but is not limited to:

(a) LEA program records as defined in Section 4-335.1.
(b) Project-specific records.
(c) On-site examination of equipment and associated records.
(d) Records of special inspection and testing services.
4-372.5.2. Unsatisfactory audit. Laboratories that have an unsatisfactory audit are subject to adverse action in accordance with Section 4-375.

4-372.6 Acceptance renewal. ¶

Laboratories shall renew acceptance prior to the last day of the acceptance period to avoid expiration. A request for laboratory acc

4-372.6. Acceptance renewal. Laboratories shall renew acceptance prior to the last day of the acceptance period to avoid expiration. A request for laboratory acceptance renewal is demonstrated by meeting anew the requirements of Section 4-372 and shall be submitted to DSA a minimum of 60 calendar days prior to laboratory acceptance expiration.

4-372.7 Acceptance expiration. ¶

If a laboratory fails to renew acceptance prior to the date of expiration, laboratory acceptance is no longer valid. A laboratory

4-372.7. Acceptance expiration. If a laboratory fails to renew acceptance prior to the date of expiration, laboratory acceptance is no longer valid. A laboratory without valid acceptance shall not conduct material testing and special inspection on projects where DSA has jurisdiction.

4-372.8. Acceptance extension. If extenuating circumstances prevent timely laboratory acceptance renewal, a laboratory may receive an extension of the acceptance period by either of the following actions:
- (a) Any delay in laboratory acceptance renewal process for laboratories in good standing that submitted for timely renewal in accordance with Section 4-372.6 will be given a maximum extension of 60 calendar days to facilitate DSA review and on-site evaluation, or to resolve cited deficiencies. Upon successful laboratory acceptance renewal, the effective date of the acceptance period will be four years from the original date of laboratory acceptance.
- (b) The submission of a written request for extension after receiving notification of issues required to be resolved to maintain acceptance, with an explanation of the factors that will prevent a timely acceptance renewal in accordance with Section 4-372.6, by email or postal mail a minimum of 60 calendar days prior to laboratory acceptance expiration. If granted, the extension is valid for not more than 90 calendar days. Extensions of laboratory acceptance are at the sole discretion of DSA, and only one extension period will be considered. Laboratories with acceptance extension shall complete the requirements for acceptance renewal prior to expiration of the extension. Upon successful laboratory acceptance renewal, the effective date of the acceptance period will be four years from the original date of laboratory acceptance.
4-373. Professional conduct. A laboratory and the engineering manager shall maintain good standing in accordance with the following:
- (a) The designation of DSA Accepted Laboratory shall only be used by laboratories that have successfully completed the laboratory acceptance process required by DSA.
- (b) The engineering manager and laboratory personnel shall conduct themselves in a professional and ethical manner on projects under DSA jurisdiction.
- (c) A change in contact information of the laboratory’s mailing address, email address and telephone number shall be submitted to DSA within ten business days of such change.
- (d) Laboratory leadership shall notify DSA of changes in engineering management, supervisory personnel, laboratory location, major equipment or other key factors upon which acceptance is contingent within 30 calendar days of such change.
- (e) Laboratories shall not engage in any act specified in Section 4-374 that affects good standing. The engineering manager shall report an act that affects good standing as set forth in Section 4-374 immediately to DSA.
4-374. Cause for action. DSA may suspend or withdraw laboratory acceptance, deny renewal of laboratory acceptance or restrict the services a laboratory can provide on projects under DSA jurisdiction for any of the following acts, including but not limited to:
- (a) Failure to maintain laboratory acceptance, and failure to perform work in accordance with Article 5, Article 6, Article 10 and Article 11 of Group 1 in this chapter.
- (b) Failure to employ a full-time engineering manager approved by DSA in compliance with Section 4-372.2.
- (c) Failure of the engineering manager to maintain a valid professional license as a civil engineer issued by the State of California.
- (d) Conviction of a crime by laboratory owners, engineering manager or by personnel performing work on a school site that is substantially related to the qualifications, functions or duties of the laboratory. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
- (e) Failure to notify DSA of changes in engineering management, supervisory personnel, laboratory location, major equipment or other key factors upon which acceptance is contingent in accordance with Section 4-373.
- (f) Failure to maintain laboratory accreditation as specified in Section 4-371, as applicable to the DSA letter of acceptance.
- (g) Failure to report that materials and/or workmanship of tested construction fails to meet the requirements of DSA-approved documents.
- (h) Incorrectly obtaining test samples, mishandling test samples and/or failing to test materials as required by the approved documents, code and referenced standards.
- (i) Failure to utilize technicians or special inspectors that meet the qualification and/or certification requirements in accordance with Article 5.
- (j) Failure to adequately supervise technicians and/or special inspectors in the performance of tests and inspections.
- (k) Failure to comply with the DSA-approved documents for a project.
- (l) Failure to immediately report to DSA information that compromises laboratory acceptance, and/or failure to provide documentation requested/required by DSA.
- (m) Receiving an unsatisfactory audit by DSA.
- (n) Making a false statement or omitting a material fact required to be disclosed in reporting requirements.
- (o) Acts of dishonesty, fraud or deceit by laboratory personnel with the intent to substantially benefit themselves or another, or substantially injure another.
(p) The appearance on a certified list of outstanding tax obligations due to the Franchise Tax Board or the State Board of Equalization, pursuant to Business and Professions Code Section 494.5, and failure to come into compliance within 90 calendar days of issuance of a written notice of intent to suspend or withhold issuance or renewal of laboratory acceptance. Temporary acceptance will be offered for a period of 90 calendar days, which, upon expiration, the temporary acceptance will be invalidated unless DSA has received a release from the Franchise Tax Board or the State Board of Equalization that submitted the name on the certified list.
4-375. Adverse action. DSA may suspend or withdraw laboratory acceptance, deny issuance or renewal of laboratory acceptance, or restrict the services a laboratory can provide on projects under DSA jurisdiction for any cause for action specified in Section 4-374.
- (a) DSA may take disciplinary action and/or issue corrective measures when the laboratory fails to perform its required duties or functions on projects where DSA has jurisdiction. Failure to successfully complete the corrective measures will lead to additional adverse action, including suspension or withdrawal of laboratory acceptance.
- (b) DSA will issue a written notice to the laboratory of the intent to suspend or withdraw laboratory acceptance, or to deny issuance or renewal of acceptance. The written notice shall include the action being taken, a summary of the facts and allegations, and, if applicable, material upon which the action is based.
  1. The engineering manager shall be given ten calendar days to respond to the notice, otherwise the action being taken will be effective as specified in the notice. Service of the written notice shall be by registered mail to the laboratory at the most recent address filed with DSA. Service is complete at the time of mailing.
  2. DSA shall issue a decision in writing within 15 days from the receipt of the response. The time to render the decision may be extended as necessary. Service of the decision shall be by registered mail addressed to the laboratory at the most recent address filed with DSA. Service is complete at the time of mailing.
- (c) DSA has the discretion to immediately order that a letter of acceptance be suspended as necessary to ensure public health, life and safety.
- (d) A laboratory with suspended or withdrawn acceptance shall not use the DSA Accepted Laboratory designation or perform work requiring laboratory acceptance beyond the effective date of suspension or withdrawal of acceptance.
- (e) The laboratory will be removed from the DSA List of Accepted Laboratories published by DSA.
- (f) The laboratory may make a request for laboratory reinstatement as set forth in Section 4-378 after DSA determines that the laboratory has met the criteria for reinstatement set forth in Section 4-377.
4-376. Filing an appeal. A laboratory may appeal the decision of suspension or withdrawal of acceptance or denial of laboratory acceptance renewal.
(a) A laboratory that has had a laboratory acceptance application denied may file an appeal without payment of an additional application fee. The appeal shall be accompanied by supporting documentation and shall be filed with DSA within 30 calendar days from the date of mailing of the denial. DSA shall issue its decision within 30 calendar days of the appeal. After appeal, the decision on initial laboratory acceptance by DSA will be final. A LEA program applicant may reapply for laboratory acceptance as set forth in Section 4-372.
- (b) A decision of suspension or withdrawal of laboratory acceptance, or denial of laboratory acceptance renewal, may be appealed to DSA. Appeal hearings shall be conducted in accordance with the Administrative Procedures Act, Chapter 5, Part 1 of Division 3, Title 2, Government Code, commencing with Section 11500. There shall be no stay of a decision to suspend or withdraw laboratory acceptance pending an appeal.
  1. The appeal shall be filed in writing to DSA within 30 calendar days of the date of the mailing of the decision.
  2. The appellant shall be notified in writing of the final determination by the State Architect regarding the appeal. The final determination shall be effective immediately upon service. Service of the final determination shall be by registered mail and shall be complete at the time of mailing.
4-377. Criteria for reinstatement. The State Architect may consider the following criteria for reinstatement:
1. Nature and severity of the act(s) or offense(s).
2. The time that has elapsed since commission of the act(s) or offense(s).
3. Demonstration of meeting the conditions for reinstatement as determined upon the conclusion of the investigation of a violation that results in denial of laboratory acceptance, suspension or withdrawal of laboratory acceptance, or denial of laboratory acceptance renewal.
4-378. Reinstatement. A laboratory may seek reinstatement of laboratory acceptance according to the following:
- (a) A request for reinstatement shall be in writing to the State Architect and may be granted upon proof of compliance of all provisions of the decision pertaining to reinstatement or, in the absence of DSA’s decision, upon proof of rehabilitation pursuant to Section 4-377.
- (b) If laboratory acceptance is reinstated prior to acceptance expiration, no extension of the acceptance period will be granted, and the acceptance will expire on the last day of the acceptance period.
- (c) The provisions of Section 4-372.8 are not applicable to a certification that has expired after disciplinary action.
- (d) If reinstatement of eligibility for laboratory acceptance is granted by DSA after certification expiration, the laboratory may obtain acceptance by meeting the requirements commencing with Section 4-372 except as provided in Section 4-378(e).
(e) If after acceptance expiration an appellant has had acceptance eligibility reinstated through the appeal process as set forth in Section 4-376, the laboratory is subject to the requirements of Section 4-372 and the four-year acceptance period is established from the day after the original expiration date of the previous acceptance period.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309 and 81141.

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