Article 6 — DUTIES UNDER THE ACT

4-341. Duties of the architect, structural engineer or professional engineer.

(a) General. The architect or registered engineer in general responsible charge is responsible to the school board and to DSA to see that the completed work conforms in every material respect to these regulations and to the approved plans and specifications. (See Section 4-316.) The architect or registered engineer in general responsible charge may, if so authorized, act as agent for the school board in completing and submitting the application for approval of plans and specifications to DSA. (See Section 4-315.)

The architect or registered engineer in general responsible charge in no way is relieved of any responsibility by the activities of DSA in the performance of its duties.

(b) General responsible charge. The architect, structural engineer or professional engineer in general responsible charge shall advise the school board in regard to filing of the application for approval of plans, the selection of an inspector and the selection of a testing laboratory. The architect or registered engineer in general responsible charge shall prepare plans, specifications, design

calculations and other data and shall prepare addenda and construction change documents authorized by the school board and as required by conditions on the project.

The architect or registered engineer in general responsible charge shall make, or cause to be made, the corrections required on the various documents to comply with the requirements of these regulations. The architect or registered engineer in general responsible charge shall perform general observation of the work of construction, interpret the approved drawings and specifications and shall provide the Project Inspector and testing facility with a complete set of stamped plans, specifications, addenda and construction change documents prior to the start of construction.

In general, DSA directs all technical correspondence to the architect or registered engineer in general responsible charge of the project.

(c) Delegated responsibility. An architect or registered engineer to whom responsibility has been delegated shall, under the general direction of the architect or registered engineer in general responsible charge, prepare plans, specifications, calculations and other data, and make corrections on these documents as required to comply with these regulations. Such architect or registered engineer shall consult with the architect or registered engineer in general responsible charge in the preparation of addenda, deferred submittals and construction change documents and the selection of inspectors and the testing facility. The architect or registered engineer to whom responsibility has been delegated shall provide evidence of his or her responsibility for the documents that affect his or her portion of the work and are presented to DSA for approval by his or her stamp and signature thereon.

on of addenda, deferred submittals and construction change documents and the selection of inspectors and the testing facility. The architect or registered engineer to whom responsibility has been delegated shall provide evidence of his or her responsibility for the documents that affect his or her portion of the work and are presented to DSA for approval by his or her stamp and signature thereon.

(d) Approval of inspectors. The school district or architect or registered engineer in general responsible charge shall obtain DSA approval for a Project Inspector, an Assistant Inspector and a replacement inspector, if any, prior to commencement or continuation of construction work, as applicable, in accordance with the Project Inspector approval process specified by DSA. The following shall be submitted to DSA:

1. The name of the person proposed as Project Inspector of the work, together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA, in accordance with the Project Inspector approval process specified by DSA.

   • DSA inspector approval is contingent upon the inspector providing adequate time to satisfy continuous inspection requirements per 4-342(b)1. The proposed Project Inspector’s concurrent workload shall be included in the inspector’s submittal forms for project approval. If DSA determines the inspector’s cumulative workload appears excessive and may hinder continuous inspection required per Section 4-342(b)1, DSA may require the inspector to justify that sufficient time will be spent on the project.

2. The name of any proposed Assistant Inspector together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA, in accordance with the Project Inspector approval process specified by DSA.

3. The name of any special inspector to be used, in accordance with Section 4-335(f)1(B).

4. When a replacement Project Inspector is retained, the name of the person proposed as the new Project Inspector, together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA.

The architect or registered engineer in general responsible charge shall provide general direction of the work of the Project Inspector and shall immediately notify the school board and DSA in writing if the Project Inspector is found to be unable or unwilling to perform such duties properly. This notification shall include a statement as to whether the architect or engineer is recommending that the school board terminate the inspector’s employment. Prior to termination, the school district shall confer with DSA and provide the basis for the termination, and the architect or structural engineer in general responsible charge shall obtain DSA approval of a replacement Project Inspector. No work on the project may proceed until a new Project Inspector has been approved by DSA. Upon completion of a terminating verified report, the inspector’s duties and responsibilities for the project are ended.

er with DSA and provide the basis for the termination, and the architect or structural engineer in general responsible charge shall obtain DSA approval of a replacement Project Inspector. No work on the project may proceed until a new Project Inspector has been approved by DSA. Upon completion of a terminating verified report, the inspector’s duties and responsibilities for the project are ended.

In view of the architect or engineer’s responsibilities for directing the activities of the inspector, such architect or registered engineer in general responsible charge shall review and evaluate the inspector’s qualifications before recommending the approval of the inspector to DSA.

(e) Report of contract. The architect or registered engineer in general responsible charge or the school board shall report contract information and time of starting work to DSA. (See Section 4-331.)

(f) Architect or engineer verified reports. The architect or registered engineer in general responsible charge and all architects and registered engineers delegated responsibility for observation of the work of construction shall observe the work of construction of his or her portion of the project; when delegated, consult with the design professional in general responsible charge in the interpretation of the approved drawings and specifications; and shall maintain such personal contact with the project as is necessary to assure themselves of compliance in every material respect with the approved plans and specifications. Personal contact shall include visits to the project site by the architect, engineer or their qualified representative to observe the construction. The architect or registered engineer in general responsible charge and each architect or engineer delegated responsibility for observations of the work of construction shall submit verified reports to DSA and provide a copy to the Project Inspector as required by Section 4-336. The architect or registered engineer in general responsible charge shall also require that verified reports from the Project Inspector, special inspectors, testing facility, the geotechnical engineer, contractors and the other architects and engineers are submitted as required.

(g) Structural tests and special inspection program. The architect or registered engineer in general responsible charge shall establish the extent of the structural tests and special inspection program consistent with the needs of the particular project (see Section 4-335) and shall issue specific instructions to the testing facility and special inspectors prior to start of construction. He or

she shall also notify DSA as to the disposition of materials noted on laboratory testing, and/or special inspection, reports as not conforming to the DSA approved documents.

Authority: Education Code Sections 17310 and 81142. Reference: Education Code Sections 17302, 17309, 17310, 81138, 81141 and 81142.

HISTORY:

1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-341, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

4-342. Duties of the Project Inspector.

• (a) General. The Project Inspector shall act under the direction of the architect or registered engineer in general responsible

• charge. The Project Inspector is also subject to supervision by DSA.

  • (b) Duties. The general duties of the Project Inspector in fulfilling his or her responsibilities are as follows:
  1. Continuous inspection requirement. The Project Inspector must have actual personal knowledge, obtained by personal and continuous inspection of the work of construction in all stages of its progress, that the requirements of the approved plans and specifications are being completely executed.

Continuous inspection means complete inspection of every part of the work. Work, such as concrete work or masonry work that can be inspected only as it is placed, shall require the constant presence of the inspector. Other types of work that can be completely inspected after the work is installed may be carried on while the inspector is not present. In any case, the inspector must personally inspect every part of the work. In no case shall the inspector have or assume any duties that will prevent the inspector from giving continuous inspection. DSA may require verification from the Project Inspector of time spent at the construction site during all phases of the work. The Project Inspector may obtain personal knowledge of the work of construction, either on-site or off-site, performed under the inspection of special inspectors and/or Assistant Inspectors (Section 4-333). The Project Inspector may obtain personal knowledge that materials used in the construction conform to the DSA approved documents by verifying test reports performed by DSA accepted testing facilities, verifying materials certifications shipped with the materials, or other means as specified in the DSA approved documents and referenced codes and standards. The Project Inspector shall verify that special inspectors possess valid certifications for the work being inspected. The Project Inspector shall be responsible for monitoring the work of the special inspectors and testing laboratories to ensure that the testing program is satisfactorily completed. The Project Inspector shall be responsible for supervising the work of all Assistant Inspectors in accordance with Section 4-333(d). The exercise of reasonable diligence to obtain the facts shall be required.

2. Relations with architect or engineer. Any uncertainties in the inspector’s comprehension of the plans and specifications or inconsistencies or seeming errors in the approved construction documents shall be reported promptly to the architect or registered engineer in general responsible charge for interpretation and instructions. In no case shall the instruction of the architect or registered engineer be construed to cause work to be done that is not in conformity with the DSA approved documents.

3. Job file. The Project Inspector shall keep and maintain a file on the job at all times with all of the following:

• A. DSA approved plans and specifications including DSA approved addenda and all construction change documents.

  • B. Applicable parts of the edition of Title 24, C.C.R., referred to in the plans and specifications, and any pertinent referenced standards.

  • C. DSA approved statement of structural tests and special inspections.

  • D. Copies of Project Inspector’s semi-monthly reports.

  • E. Copies of all deviation notices and a log of all deviation notices. The log shall reference all applicable details and specification sections related to nonconforming materials and workmanship including construction change documents, addenda and deferred submittals. The log shall describe all corrective actions taken whether performed in accordance with DSA approved documents or not, the current status of each deviation issue and the resolution for each issue.

  • F. Log documenting all significant communications with the design professionals, contractors, DSA representatives and other persons involved in the project. Significant communications include, but are not limited to, interpretations, clarifications or directions from the design professionals, issues identified by DSA representatives, directives from the school district and start notices from the contractor.

  • G. Laboratory tests and inspection reports.

  • H. Contractor’s request for information (RFI) and responses to the RFIs.

  • I. Interpretations and clarifications from the design professional in general responsible charge.

  • J. Special inspection reports.

  • K. Concrete placing operation records showing the time and date of placing concrete and the time and date of removal of forms in each portion of the structure.

  • L. Welding operation records including identification marks of welders, lists of defective welds, manner of correction of defects, etc.

  • M. Pile driving operation records including penetration under the last 10 blows for each pile when piles are driven for foundations.

  • N. Verified reports for all persons required by this code to file verified reports.

• O. Any other applicable documents required to provide a complete record of construction.

The job file shall be kept on the job site until the completion of the project and shall be readily accessible to DSA personnel during site visits. A copy of the job file shall be made available to DSA upon request. The job file, with the exception of building codes and reference standards, shall be made a part of the permanent school district records.

4. Project Inspector’s semimonthly reports. The Project Inspector shall keep the architect or registered engineer in general responsible charge thoroughly informed as to the progress of the work by making semimonthly reports in writing as required in Section 4-337.

5. Notifications to DSA. The Project Inspectors shall notify DSA at the following times:

   • A. When construction work on the project is started, or restarted if previously suspended per Item E below.

   • B. At least 48 hours in advance of the time when foundation trenches will be complete, ready for footing forms.

• C. At least 48 hours in advance of the first placement of foundation concrete and first grout placement for masonry construction and, when requested by the enforcement agency, 24 hours in advance of any subsequent and significant concrete placement, or grout placement for masonry construction.

  • D. At least 48 hours in advance of commencing structural steel erection and, when requested by the enforcement agency, 24 hours in advance of any subsequent and significant structural steel erection.

  • E. When all work on the project is suspended for a period of more than one month.

  • F. By email at least 48 hours prior to scheduled work covering up uncorrected deviations.

6. Deviations. The Project Inspector shall notify the contractor, in writing, of any deviations from the approved plans and specifications that are not immediately corrected by the contractor when brought to the contractor’s attention. Copies of such notice shall be forwarded immediately to the architect or registered engineer, and to DSA.

Failure on the part of the Project Inspector to notify the contractor of deviations from the approved plans and specifications shall in no way relieve the contractor of any responsibility to complete the work covered by his or her contract in accordance with the approved plans and specifications and all laws and regulations.

7. Inspector verified report. The Project Inspector shall make and submit directly to DSA verified reports (see Section 4-336). The Project Inspector shall prepare and deliver to DSA detailed statements of fact regarding materials, operations, etc., when requested.

8. Performance of duties. The inspector shall perform all duties and render all services with honesty. Inspectors who fail to carry out their duties in an ethical manner or who engage in illegal activities may be subject to adverse action as defined in Section 4-366.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17309, 17311, 81141 and 81143.

HISTORY:

1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-342, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

4-343. Duties of the contractor.

(a) Responsibilities. It is the duty of the contractor to complete the work covered by his or her contract in accordance with the approved plans and specifications thereof. The contractor in no way is relieved of any responsibility by the activities of the architect, engineer, inspector or DSA in the performance of such duties.

(b) Performance of the work. The contractor shall carefully study the approved plans and specifications and shall plan a schedule of operations well ahead of time. If at any time it is discovered that work is being done that is not in accordance with the approved plans and specifications, the contractor shall correct the work immediately.

All inconsistencies or items that appear to be in error in the approved plans and specifications shall be promptly called to the attention of the architect or registered engineer, through the inspector, for interpretation or correction. In no case, however, shall the instruction of the architect or registered engineer be construed to cause work to be done that is not in conformity with the approved plans, specifications and construction change documents.

The contractor must notify the Project Inspector, in writing, of the commencement of construction of each and every aspect of the work at least 48 hours in advance.

The contractor must notify the inspector of the completion of each aspect of the work.

(c) Contractor verified reports. The contractor shall make and submit to DSA from time to time, verified reports as required in Section 4-336.

If work on the building is being done by independent contractors, having contracts with the school board, verified reports shall be submitted by each contractor regardless of the type of work involved.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17280, 17309, 81130 and 81141.

HISTORY:

1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-343, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.

The architect or structural engineer in general responsible charge is responsible for the designs prepared

4-344. Duties of mechanical and electrical engineers. The architect or structural engineer in general responsible charge is responsible for the designs prepared by the mechanical and electrical engineers, except that where plans, specifications and estimates for

alterations or repairs do not involve architectural or structural changes said plans, specifications and estimates may be prepared and work of construction may be observed by a professional engineer in general responsible charge who is duly qualified to perform such services and who holds a valid certificate under Chapter 7 of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications, and estimates and work of construction are applicable.

The mechanical or electrical engineer shall fulfill the duties outlined in Section 4-341 when assuming general responsible charge and shall submit verified reports as required in Section 4-336. When accepting delegated responsibility he or she shall comply with the requirements of Sections 4-336 and 4-341 insofar as these may relate to the work delegated to him or her.

Authority: Education Code Sections 17310 and 81142.

Reference: Education Code Sections 17295, 17302, 17309, 81133, 81138 and 81141.

HISTORY:

1. (OSA/SS 1/92) Regular order by the Office of the State Architect/Structural Safety Section to amend Section 4-344, Part 1, Title 24, C.C.R. Filed with the Secretary of State on December 15, 1992; effective July 1, 1993. Approved by the California Building Standards Commission on December 9, 1992.