Article 19 — CERTIFICATION AND APPROVAL OF HOSPITAL INSPECTORS

7-200. Administration of hospital inspector examination and certification.

(a) The Office shall test and certify inspectors in one or more of the following classes:

1. Class “A” Hospital Inspector may inspect all areas of construction, including: architectural, mechanical, plumbing, electrical, fire and life safety, and structural elements.

2. Class “B” Hospital Inspector may inspect only the following areas of construction: architectural, mechanical, plumbing, electrical, fire and life safety, and anchorage of nonstructural elements.

3. Class “C” Hospital Inspector may inspect one or more areas of construction specialty, including but not limited to the areas listed in Section 7-204(c)l, but may not inspect the complete scope of construction authorized for “A” or “B” inspectors.

(b) In order to be certified in and perform the scope of responsibilities of a hospital inspector as specified in paragraph (a) (1), (2) or (3), an individual must be successful in the examination for that classification.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

All correspondence, applications and remittances related to the certification or recertification of Hospital Inspector shall be direc

7-201. Contact with office. All correspondence, applications and remittances related to the certification or recertification of Hospital Inspector shall be directed to the Department of Health Care Access and Information, Office of Statewide Hospital Planning and Development, Hospital Inspector Certification Program.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

An applicant for the certification examination or a Hospital Inspector possessing a valid certificate

7-202. Filing change of name, address or telephone number. An applicant for the certification examination or a Hospital Inspector possessing a valid certificate issued by the Office, shall file name, mailing address or telephone number changes with the Office in Sacramento within 10 working days of that change. The information filed shall include both the new and former name, mailing address or telephone number.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825.

Reference: Health and Safety Code Sections 129680 and 129825.

7-203. Applying for the certification examination.

(a) An applicant may apply for the Hospital Inspector Certification Exam by submitting, to the Office, the following items prior to the final filing date announced for a scheduled exam:

1. A completed application, provided by the Office, shall be submitted to the Office in Sacramento and shall include the exam title, preferred examination location, applicant's name, mailing address and telephone number. An application for an examination is valid for one year commencing with the first available examination date. If applicant has not taken an exam within that one-year period, a new application and exam fee must be submitted to participate in a future exam.

2. Certificates or transcripts indicating educational courses completed by the applicant which relate to the minimum qualifying requirements stated in Section 7-204.

3. Work verification form or letter from current and/or previous employer(s) regarding any job which meets the minimum qualifications for the certification examination and which includes the applicant’s name, dates of employment, job description and employer’s signature.

4. An “Application Review Fee” in the amount specified on a certification examination announcement for a scheduled exam and pursuant to Section 7-206.

(b) Incomplete submittals may be rejected by the Office. The application, documents and fees will be returned to the applicant with a statement of reason for nonacceptance.

(c) Upon review, verification and evaluation of the applicant's qualifications, the Office will notify the applicant, in writing, of eligibility or ineligibility for entrance to the requested certification examination.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

7-204. Minimum qualification for examination.

An applicant must meet the following criteria to be eligible to participate in the certification examination for a Class “A,” “B,” or “C” Hospital Inspector.

(a) Minimum qualifications for Class “A” Hospital Inspector Exam:

1. High school graduation or the equivalent and six years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of major structural and nonstructural systems and components of buildings. [Note: Experience in subsection (a)1 may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or

2. Possess a valid California registration/license as a mechanical, electrical, or civil engineer and two years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of major structural and nonstructural systems and components of buildings; or

3. Two years of satisfactory performance as a Class “B” Hospital Inspector of Record on hospital projects of significant scope and complexity as determined by OSHPD; or

4. Possess a valid California registration/license as a structural engineer or a valid California license as an architect.

(b) Minimum qualifications for Class “B” Hospital Inspector Exam:

1. High school graduation or the equivalent and four years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of major structural and nonstructural systems and components of buildings. [Note: Experience in subsection (b)1 may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or

2. Possess a valid California registration/license as a civil engineer and two years experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of more than one major structural or nonstructural system of buildings (structural, mechanical, electrical or plumbing); or

3. Possess a valid California registration/license as a structural, mechanical or electrical engineer, or a valid California license as an architect; or

4. High school graduation or the equivalent, two years’ experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of major structural and nonstructural systems and components of buildings, and possession of valid certification in all of the following four categories:

school graduation or the equivalent, two years’ experience involving building projects of Type I or II construction as an architect’s, engineer’s, owner’s, local building official’s or general contractor’s representative in technical inspection of major structural and nonstructural systems and components of buildings, and possession of valid certification in all of the following four categories:

• International Code Council (ICC) certification as a California Commercial Building Inspector (I1),

• International Code Council (ICC) certification as a California Commercial Electrical Inspector (I2),

• International Association of Plumbing and Mechanical Officials (IAPMO) certification as a California Plumbing Inspector,

• International Association of Plumbing and Mechanical Officials (IAPMO) certification as a California Mechanical Inspector.

(c) Minimum qualifications for Class “C” Hospital Inspector Exam:

1. High school graduation or the equivalent and four years experience involving commercial or institutional building projects as the representative in testing, inspection or observation of construction for an architect, engineer, owner, local building official, local fire authority, testing lab, specialty contractor or general contractor and must possess valid certification issued by an organization specified in 4 below.

   • [Note: Experience in subsection (c)(1) may be substituted with college education with major work in architecture, engineering, building inspection and/or construction on a year-for-year basis for a maximum of two years.]; or

2. Possess a valid California registration/license as an engineer and two years experience involving building projects as an architect’s, engineer’s, owner’s, local building official’s, local fire authority’s, specialty contractor's or general contractor’s representative in testing inspection or observation of construction and must possess at least one valid certificate issued by an organization that is listed or described in (c)(4); or

3. Possess a valid California registration/license as a civil, mechanical or electrical engineer, or a valid California license as an architect and must possess at least one valid certificate issued by an organization specified in (4).

4. In addition to the experience requirements described in (c)1, 2 or 3 above, the applicant must have certification corresponding to the Class C certification sought as follows:

Accessibility – Division of the State Architect Certification as a Certified Access Specialist (CASp)

• Anchorage/Bracing of Nonstructural Components – Certification to be administered by the Office

• Electrical – International Code Council (ICC) certification as a California Commercial Electrical Inspector (I2)

• Fire Alarm – National Institute for the Certification of Engineering Technologies (NICET) certification in “Fire Alarm Systems, Level III” or International Code Council (ICC) certification as a Commercial Fire Alarm Inspector (I2)

• Fire Resistive Construction – International Code Council (ICC) certification as a California Commercial Building Inspector (I1) Framing and Drywall – International Code Council (ICC) certification as a California Commercial Building Inspector (I1) Inspection and Testing of Water Based Systems – National Institute for the Certification of Engineering Technologies (NICET) certification in “Inspection and Testing of Water Based Systems, Level III”

• Mechanical – International Association of Plumbing and Mechanical Officials (IAPMO) certification as a California Mechanical Inspector

Medical Gas Systems – National Inspection Testing Certification (NITC) Certification as Medical Gas Inspector 6020

• Plumbing – International Association of Plumbing and Mechanical Officials (IAPMO) certification as a California Plumbing Inspector

Roofing – International Code Council (ICC) certification as a California Commercial Building Inspector (I1)

In addition to the certifications listed, the Office, at its sole discretion, may accept equivalent certification by other state- or nationally-recognized organizations.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

7-206. Fees.

(a) Fees required pursuant to subsection (b), shall be transmitted by credit card, money order, cashier check, certified check or personal check, and payable to the Department of Health Care Access and Information.

(b) The prescribed fees relative to the Hospital Inspector Certification Program shall be specifically charged to the applicant to recover reasonable costs of administering the certification program. Fees shall be charged as follows:

Application review $100.00 (nonrefundable) Exam for Class “A” Inspector Certification 300.00 Exam for Class “B” Inspector Certification 300.00 Exam for Class “C” Inspector Certification 100.00 (for each specialty certificate) Late fee 100.00 Recertification exam 100.00 Recertification retest 100.00 Reschedule fee 100.00 Delinquency fee 100.00 Duplicate certificate 25.00

(c) An application review fee must accompany an application for a certification examination. This fee is nonrefundable.

(d) An exam fee shall be submitted by an applicant for a specified examination prior to participation in the examination.

(e) An applicant shall forfeit the exam fee if the applicant fails to appear for any portion of the exam for which the applicant is scheduled.

1. If the applicant cancels and/or reschedules their examination, the applicant shall pay a fee to reschedule their exam.

(f) If the Office has a need to reschedule an exam, a qualified applicant who has submitted the exam fee prior to the reschedule will be either reimbursed or credited for the exam fee amount.

(g) A late fee shall be submitted by the applicant if their recertification application is postmarked after the final filing date.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

7-207. Examination for certification.

(a) Prior to receiving certification, the candidate shall take and pass an examination administered by the Office.

(b) The scope of the written certification examinations is as follows:

1. The examinations for Class “A” and “B” Hospital Inspectors will measure the applicant’s ability to read and understand construction documents; ability to identify and understand the application of various California Building Standards Code requirements; knowledge of appropriate inspector duties and ability to communicate in writing. The test will be divided into sections covering the following code enforcement areas of construction inspection, where applicable: structural, architectural, mechanical, electrical, fire and life safety, and administrative.

2. The examination for Class “C” Hospital Inspectors will measure the applicant’s ability to identify and understand the application of various California Building Standards Code requirements; knowledge of appropriate inspector duties and ability to communicate in writing. The candidate’s inspection certification, pursuant to Section 7-204(c)(l) above, may be substituted for the technical aspect of the written certification examination for Class “C” Hospital Inspector.

(c) In order to be successful in the Class “A,” “B” or “C” certification exam, a candidate must obtain a passing score in each section of the written exam.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

7-208. Conduct relative to the examination.

(a) An applicant or candidate who participates in any of the following acts before, during or after the administration of the examination, shall be disqualified by the Office and not be eligible for certification. The applicant shall not:

1. Violate any rules of the examination.

2. Bring unauthorized reference material or electronic device(s) into the examination room.

3. Copy any portion of the exam.

4. Participate in collusion regarding the exam.

5. Disclose the contents of the examination questions to anyone other than a person authorized by the Office.

6. Solicit, accept or compile information regarding the contents of the examination.

7. Falsify documents required for exam entrance.

(b) If an applicant is disqualified from the exam, it shall result in denial of the application and forfeiture of fees submitted to the Office as specified in Section 7-206.

(c) An applicant or candidate who is disqualified from an examination may not participate in an examination or reexamination for a period of time as determined by the Office, but not less than one year from the date of disqualification.

(d) An applicant, candidate or certified hospital inspector who is determined to have violated any of the provisions of Section 7-208(a) may be subject to suspension or revocation of certification in accordance with Section 7-214.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825. Reference: Health and Safety Code Sections 129680 and 129825.

7-209. Reexamination.

(a) A candidate who has failed an examination may participate in a reexamination no sooner than six months from the exam previously taken by the candidate. In order to participate in a reexamination, the candidate must submit an application for a reexamination accompanied by the examination fee pursuant to Section 7-206.

(b) An applicant or candidate who is disqualified from an examination may not participate in an examination or reexamination for a period as determined by the Office, but not less than a period of one year from the date of disqualification.

(c) The applicant may refile for an examination by submitting an application, documents and fees pursuant to Sections 7-203 and 7-206.

(d) A candidate who passes all sections of the Class “A” or “B” exam except one, may retest in only that section. Failure to achieve a passing score on the retested section will be considered failure of the entire exam. The candidate may apply to retake the complete exam pursuant to subsections (a) and (b).

Authority: Health and Safety Code Sections 18929 and 129675–130070. Reference: Health and Safety Code Section 129850.

7-210. Issuance of certification.

(a) If a candidate is successful in the certification or recertification examination, a certificate will be issued to the Hospital Inspector by the Office. Certificates will expire three years from the date of issuance with the following exception:

1. Certification may be revoked or suspended pursuant to Section 7-214.

(b) A duplicate certificate will be granted to a Hospital Inspector for replacement of an original certificate that is lost, destroyed or

mutilated upon written request and payment of the duplication fee, as required in Section 7-206.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

7-211. Renewal of a hospital inspector certificate.

(a) A Hospital Inspector shall participate in a written recertification exam prior to the expiration of the certification in order to renew and maintain valid certification.

(b) To be eligible for the recertification exam, a Hospital Inspector shall maintain all certifications and prerequisites required to qualify for certification as specified in Section 7-204; and

1. Possess a valid unexpired Hospital Inspector Certificate or an expired certificate that meets the delinquency criteria in subsection (c).

2. Complete a seminar conducted, sponsored, or cosponsored by the Office within the three-year certification period.

3. Submit a recertification application and exam fee pursuant to Section 7-206.

(c) Expired certification may be reinstated after the expiration date, but within six months past that date. The Hospital Inspector will be required to pay a delinquency fee, pursuant to Section 7-206, in order to reinstate certification during the six-month delinquency period. If an inspector fails to reinstate certification within this time frame, the inspector will be required to pass a certification exam to obtain new certification as a Hospital Inspector.

(d) If a Hospital Inspector fails the recertification exam a re-test may be offered by the Office. If a retest is offered, the Hospital Inspector will be required to pay the recertification exam fee again for the retest. The inspector must meet the requirements of provision (b) to maintain a valid certificate.

(e) If a Hospital Inspector fails the recertification exam, the inspector must meet the requirements of provision (b) to maintain a valid certificate.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

7-212. Approval of hospital inspector of record for construction projects.

(a) It is incumbent upon the hospital governing board or authority and the architect or structural engineer, or both, in responsible charge of the work, or the engineer in responsible charge of the work, to select the appropriate inspector(s) for a project. The hospital governing board or authority shall submit to the Office an application for each Hospital Inspector of Record proposed to perform construction inspection on a specified hospital construction project. The hospital governing board or authority shall obtain Office approval of proposed Hospital Inspector(s) of Record prior to commencement of the hospital construction project in accordance with Section 7-135.

(b) The Office shall not approve a proposed Hospital Inspector of Record for a specified hospital construction project if the Office determines one of the following:

1. The Hospital Inspector of Record applicant does not hold a valid Hospital Inspector certificate pursuant to the provisions of these regulations.

2. The Hospital Inspector is not appropriately certified in the class of inspection required for the scope of the construction project. The Class “C” inspector does not possess a current certificate for the area of inspection proposed in accordance with Section 7-204(c)l.

3. The Hospital Inspector is a former Office employee pursuant to subsection (c) and is within the one year restriction period governing the Office’s approval of an inspector.

4. The Hospital Inspector is committed to a workload outside the specified hospital construction project and is unable to allot adequate time to perform the work and to fulfill all IOR responsibilities on the specified construction project, as determined by the process set forth in subsection (d).

5. The Hospital Inspector is the architect or engineer in responsible charge of the work for the construction project specified on the Hospital Inspector of Record application.

   • Exception: The Office may approve the architect or engineer in responsible charge of the work, when in the determination of the Office: (A) the project scope, duration and complexity do not merit a separate individual to serve as the Hospital Inspector of Record, and (B) the ability of the Office to obtain accurate and impartial inspection will not be jeopardized.

(c) A former employee of the Office who performed field inspections/observations or supervised staff performing field inspections/observations during employment with the Office shall not be approved for a project by the Office as a Hospital Inspector of Record within one year from the effective date of separation from the Office.

(d) When the Office determines that the cumulative workload of a Hospital Inspector of Record applicant appears excessive and may hinder competent and adequate inspection of a specified hospital construction project, the Office may request that the Hospital Inspector of Record applicant submit a written plan including a work schedule and indicating a means to perform inspection on the specified hospital construction project. The office may withdraw the inspector’s approval due to failure to comply with any part of 7-145.

The Office will consider specific work-related factors when reviewing the Hospital Inspector’s work schedule to determine approval, pursuant to subsection (b)4. These work-related factors are limited to the following:

1. The geographic location of current work sites,

2. The scope of current projects,

3. The current phase of each project, and

4. The number of current projects.

(e) When an inspector is approved by the Office, written notification will be sent to the hospital governing board or authority; the architect and/or engineer in responsible charge of the construction project; and the inspector of record applicant. The inspector must be in possession of this approval notice prior to commencement of construction.

(f) A Hospital Inspector of Record who has been approved by the Office must maintain valid certification throughout the term of the specified project in order to remain a Hospital Inspector of Record on the project. The Office shall rescind approval of a Hospital Inspector of Record on a project if the inspector does not comply with this provision.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129825.

When the Office determines that a Hospital Inspector of Record has violated a provision of t

7-213. Monitoring of the hospital inspector of record’s performance. When the Office determines that a Hospital Inspector of Record has violated a provision of these regulations or that the inspector is not competently or adequately providing inspection of a facility to ensure the hospital construction is in compliance with the construction documents, the Office will notify that inspector, the hospital governing board or authority, and the architect and/or engineer in responsible charge. The written notification will include the Office’s findings, reference to the statute and/or regulation being violated, and statement of the Office’s intent to issue a “stop work” order unless the violation ceases and is rectified immediately.

Authority: Health and Safety Code Sections 1275, 127010, 127015, 129680 and 129825.

Reference: Health and Safety Code Sections 129680, 129825 and 129998.

7-214. Suspension or revocation of certification.

(a) A hospital inspector of record certification, issued by the Office, may be suspended or revoked, as determined by the Office. A certification may be suspended or revoked if: (1) the Office determines that one or more grounds for suspension/revocation exist and the immediate suspension of a certification is necessary for health and safety reasons, or (2) the Office determines that reasonable grounds exist for the suspension/revocation of a certification based upon the evidence presented.

(b) Grounds for suspension and/or revocation. The Office or third parties may propose the suspension/revocation of a certification to the Office based on evidence of a certificate holder’s (1) incompetent inspection(s); (2) inadequate inspection(s); (3) misrepresentation(s); (4) misconduct; and/or (5) violation(s) of these regulations.

(c) Process for suspension and/or revocation. The Office shall investigate the alleged inappropriate activity, as identified in Section 7-214(b), of the certificate holder, gather evidence related to the incident(s) in question, and interview witnesses, if appropriate. Based upon consideration of the evidence presented, the Office shall determine whether or not reasonable grounds exist for the suspension/revocation of certification.

In the event that the Office determines that reasonable grounds exist for suspension/revocation, the Office will notify the certificate holder in writing. The notice shall provide the certificate holder with an opportunity to participate in a formal conference and/or present additional evidence before a final determination is made. The Office must receive a written request for a formal conference and/or additional evidence from the certificate holder within 15 calendar days of the issuance of notice. If the Office does not receive a timely request for a formal conference, the Office may issue a final determination as to the suspension/revocation.

A formal conference may be conducted in person or by telephone. The Office shall make a final determination as to the suspension/revocation after considering all the evidence on record, including the formal conference and/or any additional information

submitted by the certificate holder. Written notification of the Office’s final determination will be provided to the certificate holder within 15 calendar days of the formal conference, if applicable.

(d) Suspension is appropriate when the Office determines any of the following: (1) a certificate holder negligently or incompetently commits an act amounting to one or more grounds for suspension identified in Section 7-214(b); (2) the evidence demonstrates solitary, limited or isolated incident(s) rather than a course of negligent/incompetent conduct on the part of the certificate holder in question; and/or (3) other factors, including but not limited to mitigating circumstances or facts relating to the certificate holder’s course of conduct, support the suspension of the certification in lieu of revocation.

7-214(b); (2) the evidence demonstrates solitary, limited or isolated incident(s) rather than a course of negligent/incompetent conduct on the part of the certificate holder in question; and/or (3) other factors, including but not limited to mitigating circumstances or facts relating to the certificate holder’s course of conduct, support the suspension of the certification in lieu of revocation.

A certification may be suspended for a minimum of one month to a maximum of six months. The duration of suspension will be determined by the Office upon consideration of all of the evidence on record, and account for the severity of the action(s) constituting grounds for suspension.

(e) Revocation is appropriate when the Office determines any of the following: (1) a certificate holder knowingly, willfully or with gross negligence commits an act amounting to one or more grounds for revocation identified in Section 7-214(b); (2) the evidence demonstrates a course of actionable conduct and/or a history of repeated or continuous deviations from the general standard of care in the inspection industry; and/or (3) the Office determines that other factors, including but not limited to damages to third parties or facts related to the certificate holder’s course of conduct, justify the revocation of the certification in lieu of suspension.

A certification, once revoked, is no longer valid and may not be renewed pursuant to Section 7-211. In the event that a certificate holder has his or her hospital inspector certification revoked consistent with this Section, he or she may not apply for a new certification for a period of three years from the date of the Office’s final written determination identified in Section 7-214(c).

(f) Appeal. A final written determination of the Office related to the suspension and/or revocation of a certificate may be appealed by the certificate holder pursuant to Article 5.5 of these regulations.

Authority: Health and Safety Code Sections 18929 and 129675–130070.

Reference: Health and Safety Code Section 129850.

7-215. Conduct relative to performance.

(a) For a certified inspector to provide competent services, they must act with integrity, honesty, and objectivity. This Code reflects the expectations of the Office for not only inspectors, but also all professionals working on any facility subject to inspection. An inspector shall expect others to act with integrity, honesty, and objectivity. If an inspector believes that any person on the project lacks integrity, honesty, and objectivity, the inspector shall bring it to the attention of the Office.

The Code of Ethics requires that an inspector shall:

1. Uphold their duty to the profession, the project, and the public.

2. Maintain an impartial, respectful, and unprejudiced attitude.

3. Treat all persons encountered with courtesy.

4. Be familiar with and obey all state and federal laws that may apply to the inspection being conducted.

5. Maintain their professional competence through ongoing education.

6. Ensure they have access to all pertinent facts which are reasonably available before making any suggestions or drawing any conclusions in the course of a construction inspection.

7. Work efficiently, and only in the area of their competence.

8. Not receive compensation on a contingency payment basis for either work or referrals.

9. Neither accept nor solicit anything of value from any party associated with the facility subject to inspection.

10. Make neither unjust nor unreasonable demands.

11. Never be involved in a construction inspection where any direct or indirect conflict of interest may be cause for concern about the final report’s objectivity.

12. Conduct themselves in a professional manner at all times.

13. Strive to maintain and improve professional standards in the field of environmental assessment and be willing to assist HCAI to that end.

14. Refrain from engagement in inspection without a valid and active certification.

15. Follow the directions of the design professional in charge of the project.