Article 3 — APPROVAL OF CONSTRUCTION DOCUMENTS

7-113. Application for plan, report, or seismic compliance extension review.

(a) Except as otherwise provided in this part, before commencing construction or alteration of any health facility, the governing board or authority thereof shall apply for plan review to the Office and shall obtain the written approval thereof by the Office describing the scope of work included and any special conditions under which approval is given.

1. The application shall be electronic and shall contain:

   • A. A definite identifying name for the health facility,

   • B. The name of the architect or engineer who is in responsible charge of the work, pursuant to Section 7-115(a),

   • C. The names of the delegated architects or engineers responsible for the preparation of portions of the work pursuant to Section 7-115(a)3, and

   • D. The estimated cost of the project and all such other information required for completion of the application.

The architect or engineer in responsible charge or having delegated responsibility shall be permitted to name one or more persons to act as an alternate(s), provided such persons are architects or engineers qualified under these regulations to assume the responsibility assigned.

2. Submission of documents to the Office shall be electronic and shall be permitted to be in three consecutive stages:

   • A. Geotechnical/Geohazard Review: All documents for this review shall be permitted to be submitted electronically in a format acceptable to the Office. Submittal shall include:

     • (1) An application for plan review,

     • (2) A description of the project prepared by the registered design professional (RDP) in responsible charge, when applicable, and

     • (3) A copy of the site data report(s).

   • B. Preliminary Review: Submit reports or preliminary plans and preliminary annotated specifications to the Office.

   • C. Final Review: The final construction documents and reports shall be submitted to the Office.

(b) Application for seismic compliance extension requires submission of OSHPD Application Form #OSH-FD-384, “Application for 2008 Extension/Delay in Compliance.” The submittal shall comply with the applicable requirements of Chapter 6, Article 1, Section 1.5.2 “Delay in Compliance.”

(c) For every project there shall be an architect or engineer in responsible charge of reviewing and coordinating all submittals, except as set forth in Section 7-115(c).

1. A project shall be permitted to be divided into parts, provided that each part is clearly defined by an architectural building or similar distinct unit. The part, so defined, shall include all portions and utility systems or facilities necessary to the complete functioning of that part. Separate assignments of the delegated architects or engineers pursuant to Section 7- 115(a)3 shall be permitted to be made for the parts.

2. Incremental projects pursuant to Section 7-131 shall consist of only one building.

(d) The assignment of the delegated architect or engineer pursuant to Section 7-115 (a) 3 and the responsibility for the preparation of construction documents and the administration of the work of construction for portions of the work shall be clearly designated on the application for approval of reports or construction documents.

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

Reference: Health and Safety Code Section 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-113. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

7-115. Preparation of construction documents and reports.

(a) All construction documents or reports, except as provided in (c) below shall be prepared under an architect or professional engineer in responsible charge. Prior to submittal to the Office, the architect or professional engineer in responsible charge for a project shall sign every sheet of the drawings, and the title sheet, cover sheet or signature sheet of specifications and reports. A notation shall be permitted to be provided on the drawings indicating the architect’s or engineer’s role in preparing and reviewing the documents.

1. Except as provided in paragraph 2 below, the architect or engineer in responsible charge of the work shall be an architect or structural engineer.

2. For the purposes of this section, a mechanical, electrical, civil, or fire protection engineer shall be permitted to be the engineer in responsible charge of alteration or repair projects that do not affect architectural or structural conditions, and where the professional engineer is duly qualified to perform the services in that branch of engineering.

3. The architect or engineer in responsible charge shall be permitted to delegate the preparation of construction documents and administration of the work of construction for designated portions of the work to other architects and/or professional engineers as provided in (b) below. Preparation of portions of the work by others shall not be construed as relieving the architect or engineer in responsible charge of his rights, duties and responsibilities under Section 129805 of the Health and Safety Code.

(b) Architects or engineers licensed in the appropriate branch of engineering shall be permitted to be responsible for the preparation of construction documents and administration of the work of construction as permitted by their license, and as provided below. Architects and engineers shall sign and affix their professional stamp to all construction documents or reports that are prepared under their charge. All construction documents shall be signed and stamped prior to issuance of a building permit.

1. The structural construction documents or reports shall be prepared by a structural engineer.

2. A mechanical or electrical engineer shall be permitted to prepare construction documents or reports for projects where the work is predominately of the kind normally prepared by mechanical or electrical engineers.

3. A civil engineer or an architect shall be permitted to prepare construction documents or reports for the anchorage and bracing of nonstructural components.

4. A fire protection engineer shall be permitted to prepare construction documents or reports for fire protection systems.

(c) A licensed specialty contractor shall be permitted to prepare construction documents and shall be permitted to administer the

work of construction for health facility construction projects, subject to the following conditions:

1. The work is performed and supervised by the licensed specialty contractor who prepares the construction documents,

2. The work is not ordinarily within the standard practice of architecture and engineering,

3. The project is not a component of a project prepared pursuant to 7-115(a) and (b),

4. The contractor responsible for the design and installation shall also be the person responsible for the filing of reports, pursuant to Section 7-151,

5. The contractor shall provide with the application for plan review to the Office a written and signed statement stating that he or she is licensed, the number of the license, and that the license is in full force and effect, and

6. The work is limited to one of the following types of projects:

   • A. Fire protection systems where none of the fire sprinkler system piping exceeds 2[1] /2 inches (63.5 mm) in diameter.

   • B. Low voltage systems not more than 91 volts. These systems include, but are not limited to, telephone, sound, cable television, closed circuit video, nurse call systems and power limited fire alarm systems.

   • C. Roofing contractor performing reroofing where minimum[1] /4-inch (6.4 mm) on 12-inch (305 mm) roof slopes are existing and any roof mounted equipment needing remounting does not exceed 400 pounds.

   • D. Insulation and acoustic media not involving the removal or penetration of fire-rated walls, or ceiling and roof assemblies.

(d) The specification and use of preapprovals does not preempt the plan approval and building permit process. Construction documents using preapprovals shall be submitted to the Office for review and approval and issuance of a building permit prior to the start of construction.

1. The registered design professional, in conjunction with the registered design professional in responsible charge, listed on the plan review application or the building permit application, shall review all qualities, features, and/or properties to ensure code compliance, appropriate integration with other building systems, and proper design for the project-specific conditions and installation. Stamping and signing of construction documents as required in subsection (a) and (b) shall be for this purpose only.

2. When OSHPD Preapproved Details (OPDs) or preapproved distribution system details are used, applicable preapproved details shall be incorporated into the construction documents. Incorporation by reference only is not permitted. The preapproved details shall be incorporated without any material modifications. This subsection shall not apply if modifications materially alter the preapproved details.

3. Preapproval details submitted after the construction documents have been approved and a building permit has been issued shall be incorporated into the construction documents in accordance with Section 7-153.

4. The use of preapproved details shall comply with all manufacturer’s instructions, conditions, special requirements, etc., which are a part of the preapproval.

5. Conditions not covered by a preapproval shall be substantiated with calculations, drawings, specifications, etc., stamped and signed by the registered design professional and signed by the registered design professional in responsible charge listed on the plan review application or building permit application and shall be submitted to the OSHPD for review and approval prior to construction.

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

Reference: Health and Safety Code Section 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-115. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

7-117. Site data.

• (a) The site data reports (geotechnical/geohazard reports) shall be required for all proposed construction except:

1. As provided in the California Building Code.

2. One-story, wood-frame or light steel frame buildings of Type II or V construction and 4,000 square feet or less in floor area not located within Earthquake Fault Zones or Seismic Hazard Zones as shown in the most recently published maps from the California Geological Survey (CGS) or in seismic hazard zones as defined in the Safety Element of the local General Plan.

3. Nonstructural alterations.

4. Structural repairs for other than earthquake damage.

5. Incidental structural additions or alterations.

(b) The site data reports shall be furnished to the Office for review and evaluation, in accordance with Section 7-113(a).2.A, prior to the submittal of the project documents for final plan review. Site data reports shall comply with the requirements of these regulations and the California Building Standards Code . Upon the determination that the investigation of the site and the reporting of the findings was adequate for the design of the project, the Office will issue a letter stating the site data reports are acceptable.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675–129998.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7.117. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

Healthcare facility projects that consist of a newly constructed building or an addition that increases floor area and

7-118. Building energy efficiency program. Healthcare facility projects that consist of a newly constructed building or an addition that increases floor area and conditioned volume requires compliance with Title 24, Part 6, California Energy Code.

7-119. Functional program.

(a) General.

1. Functional program requirement. The owner or legal entity responsible for the outcome of the proposed health care facility design and construction project shall be responsible for providing a functional program to the project’s architect/engineer and to the Office. The requirement applies to all scopes and disciplines of the project that affect patient care directly or indirectly, by means of new construction, additions, or modifications to specific hospital departmental functions which form an integral part of the facility. Projects that only involve equipment replacement, fire safety upgrades, or renovations that will not change the occupancy, function, or use of existing space shall not require a functional program.

2. Functional program purpose.

   • A. An owner-approved functional program shall be made available for use by the design professional(s) in the development of project design and construction documents, and shall be submitted to the Office, at the time of application for plan review, to serve as a reference for the review of the application documents.

   • B. Revisions to the functional program shall be documented and a final updated version shall be submitted to the Office prior to approval of the construction documents.

   • C. The facility is encouraged to retain the functional program with other design data to facilitate future alterations, additions, and program changes.

3. Nomenclature in the functional program.

   • A. The names for spaces and departments used in the functional program shall be consistent with those used in the California Building Code . If acronyms are used, they should be defined clearly.

   • B. The names and spaces indicated in the functional program shall also be consistent with those used on submitted floor plans.

(b) Functional program executive summary. An executive summary of the key elements of the functional program shall be provided and, at a minimum, shall include the following narrative:

1. Purpose of the project.

   • A. The narrative shall describe the services to be provided, expanded, or eliminated by the proposed project.

   • B. The narrative shall describe the intent of the project and how the proposed modifications will address the intent.

2. Project type and size.

   • A. The type of health care facility(ies) proposed for the project shall be identified as defined by the California Building Code.

   • B. Project size in square footage (new construction and renovation) and number of stories shall be provided.

3. Construction type/occupancy and building systems.

   • A. New construction. If the proposed project is new construction that is not dependent on or attached to an existing structure, the following shall be included:

     • (1) A description of construction type(s) for the proposed project.

     • (2) A description of proposed occupancy(ies) and, if applicable, existing occupancy(ies).

     • (3) A description of proposed engineering systems.

     • (4) A description of proposed fire protection systems.

• B. Renovation. For a project that is a renovation of, or addition to, an existing building, the following shall be included in the project narrative:

  - (1) A description of the existing construction type and the construction type for any proposed renovations or additions shall be described. 
  
  - (2) A general description of existing engineering systems serving the area of the building affected by the proposed project and how these systems will be modified, extended, augmented, or replaced by the proposed project. 
  
  - (3) A general description of existing fire protection systems serving the area of the building affected by the proposed project and how these systems will be modified, extended, augmented, or replaced by the proposed project. 
  

• (c) Functional program content. The functional program for the project shall include the following:

1. Purpose of the project. The physical, environmental, or operational factors, or combination thereof, driving the need for the project and how the completed project will address these issues shall be described.

2. Project components and scope.

   • A. The department(s) affected by the project shall be identified.

   • B. The services and project components required for the completed project to function as intended shall be described.

3. Indirect support functions. The increased (or decreased) demands throughout, workloads, staffing requirements, etc., imposed on support functions affected by the project shall be described. (These functions may or may not reside adjacent to or in the same building or facility with the project.)

4. Operational requirements. The operational requirements, which include but are not limited to the following, shall be described:

   • A. Projected operational use and demand loading for affected departments and/or project components.

   • B. Relevant operational circulation patterns, including staff, family/visitor, and materials movement.

   • C. Departmental operational relationships and required adjacencies

5. Environment of care requirements. The functional program shall describe the functional requirements and relationships between the following environment of care components and key elements of the physical environment:

   • A. Delivery of care model (concepts). This shall include:

     • (1) A description of the delivery of care model, including any unique features.

     • (2) A description of the physical elements and key functional relationships necessary to support the intended delivery of care model.

   • B. Patients, visitors, physicians, and staff accommodation and flow. Design criteria for the following shall be described:

     • (1) The physical environment necessary to accommodate facility users and administration of the delivery of care model.

     • (2) The physical environment (including travel paths, desired amenities and separation of users and workflow) necessary to create operational efficiencies and facilitate ease of use by patients, families, visitors, staff, and physicians.

• C. Building infrastructure and systems design criteria. Design criteria for the physical environment necessary to support organizational, technological, and building systems that facilitate the delivery of care model shall be described.

  • D. Physical environment. Descriptions of and/or design criteria for the following shall be provided:

    • (1) Light and views – How the use and availability of natural light, illumination, and views are to be considered in the design of the physical environment.

    • (2) Wayfinding.

    • (3) Control of environment – How, by what means, and to what extent users of the finished project are able to control their environment.

    • (4) Privacy and confidentiality – How the privacy and confidentiality of the users of the finished project are to be protected.

    • (5) Security – How the safety and security of patients or residents, staff, and visitors shall be addressed in the overall planning of the facility consistent with the functional program.

    • (6) Architectural details, surfaces, and furnishing characteristics and criteria.

    • (7) Cultural responsiveness – How the project addresses and/or responds to local or regional cultural considerations.

    • (8) Views of, and access to, nature.

6. Architectural space and equipment requirements.

   • A. Space list.

     • (1) The functional program shall contain a list organized by department or other appropriate functional unit that shows each room in the proposed project, indicating its size by gross floor area and clear floor area.

     • (2) The space list shall indicate the spaces to which the following components, if required, are assigned:

       • (a) Fixed and movable medical equipment.

       • (b) Furnishings and fixtures.

       • (c) Technology provisions.

   • B. Area.

     • (1) Gross floor area for the project shall be aggregated by department, and appropriate multiplying factors shall be applied to reflect circulation and wall thicknesses within the department or functional area. This result shall be referred to as department gross square footage (DGSF).

     • (2) DGSF for the project shall be aggregated, and appropriate multiplying factors shall be applied to reflect inter-departmental circulation, exterior wall thickness, engineering spaces, general storage spaces, vertical circulation, and any other areas not included within the intra-department calculations. This result shall be referred to as building gross square footage (BGSF) and shall reflect the overall size of the project.

7. Technology requirements. Technology systems for the project shall be identified to serve as a basis for project coordination and budgeting.

   • A. Any technology systems integration strategy shall be defined.

   • B. Department and room specific detail for system and device deployment shall be developed.

8. Short- and long-term planning considerations. A statement addressing accommodations for the following, as appropriate for the project shall be included:

   • A. Future growth.

   • B. Impact on existing adjacent facilities.

• C. Impact on existing operations and departments.

  • D. Flexibility.

9. Patient safety risk assessment. Projects associated with acute psychiatric hospitals, acute psychiatric nursing units in general acute-care hospitals, and special treatment program service units in skilled nursing facilities shall include a Patient Safety Risk Assessment. At a minimum, a Behavioral and Mental Health Risk Assessment shall be addressed as part of the Patient Safety Risk Assessment. The Patient Safety Risk Assessment shall be subject to review and approval by the California Department of Public Health.

   • A. Behavioral and mental health risk assessment. A Behavioral and Mental Health Risk Assessment shall be prepared for all acute psychiatric hospitals, psychiatric nursing units within general acute-care hospitals, and special treatment program units in skilled nursing facilities. The risk assessment shall include evaluation of the population at risk and the nature and scope of the project, taking into account the model of care and operational considerations, and proposed built environment solutions to mitigate potential risks and hazards.

   • B. Behavioral and mental health elements (psychiatric patient injury and suicide prevention). The safety risk assessment report shall identify areas that will serve patients at risk of mental health injury and suicide.

   • C. Behavioral and mental health response.

     • (1) The safety risk assessment team shall identify mitigating features for the identified at-risk locations.

     • (2) The design of behavioral and mental health patient care settings shall address the need for a safe treatment environment for those who may present unique challenges and risks as a result of their mental condition.

       • (i) The patient environment shall be designed to protect the privacy, dignity, and health of patients and address the potential risks related to patient elopement; and harm to self, to others, and to the environment.

       • (ii) The design of behavioral/mental health patient areas shall accommodate the need for clinical and security resources.

Authority: Health and Safety Code Sections 127015 and 129850.

Reference: Health and Safety Code Sections 129675-129998.

Informational Note: Behavioral and mental health risk should be determined through simultaneous consideration of the inherent danger of any individual environmental feature because of patient profile and acuity, the anticipated level of staff supervision for each area, and space visibility and supervision.

The governing body should develop a detailed assessment of the level of risk for each program area where mental health patients will be served (e.g., emergency department, nursing units). Refer to Appendix Table Al.2-a Safety Risk Assessment Team Member Expertise of the Guidelines for Design and Construction of Hospitals and Outpatient Facilities for areas of expertise needed on the behavioral and mental health assessment team.

a detailed assessment of the level of risk for each program area where mental health patients will be served (e.g., emergency department, nursing units). Refer to Appendix Table Al.2-a Safety Risk Assessment Team Member Expertise of the Guidelines for Design and Construction of Hospitals and Outpatient Facilities for areas of expertise needed on the behavioral and mental health assessment team.

Each area should be evaluated to identify the architectural details, surfaces, and furnishings and exposed mechanical and electrical devices and components to be addressed in the risk assessment. Examples of areas to be included in a mental health risk assessment include the following: Highest Level of Risk

1. Seclusion rooms (where patient acuity poses an increased risk).

2. Patient bedrooms and toilet rooms (areas where patients spend long periods of time out of direct supervision of the staff).

3. Psychiatric emergency department (comprehensive psychiatric emergency program) and area under good supervision but dealing with unpredictable patients under initial evaluation and often under heavy medication.

• Moderate Level of Risk

1. Activity spaces, group rooms, and treatment spaces (supervised with good visibility).

2. Dining rooms and recreation spaces, both indoor and outdoor.

3. Corridors (always visible).

Lowest Level of Risk

1. Exam rooms, private offices, and conciliation rooms (always supervised).

2. Staff and support areas (not accessible by patients).

Other information that could be considered can be found in Patient Safety Standards, Materials and Systems Guidelines published by the New York State Office of Mental Health, and the Behavioral Health Design Guide by Behavioral Health Facility Consulting, LLC.

7-121. Presubmittal meeting.

(a) A presubmittal meeting between the Office and the design professionals is required for construction or alteration projects for hospital buildings and buildings described in paragraphs (2) and (3) of Subdivision (b) of Section 129725 of the Health and Safety Code with estimated construction costs of twenty million dollars ($20,000,000) or more. The presubmittal meeting shall be held prior to the submittal of preliminary plans and specifications or final construction documents. Prior to scheduling a presubmittal meeting, the architect or engineer in responsible charge shall submit the following information to the Office:

1. Meeting agenda listing major points of discussion.

2. New and if applicable, existing floor plans.

3. Description and scope of the project.

4. Functional Program as described in Section 7-119.

5. Description of structural systems—vertical, lateral, foundation, etc.

6. Alternate method of compliance and program flexibility issues.

7. Type of construction.

8. Occupancy—existing and proposed, with justification.

9. Accessibility considerations, including path of travel.

10. Preliminary means of egress plan.

11. Architectural, structural, mechanical, plumbing, electrical, and fire and life safety issues.

(b) The architect or engineer in responsible charge shall record all resolutions of substantive issues in a letter of understanding that shall be submitted to the Office for acceptance prior to the submittal of final construction documents. The letter of understanding shall be based on the assumptions presented at the presubmittal meeting. Subsequent changes in design, program requirements, project delivery, or other unforeseen issues may necessitate modifications to the letter of understanding.

(c) Integrated review. A request for Integrated Review (IR) must be submitted to the Office in writing, prior to the presubmittal meeting being scheduled. In addition to the items listed in Section 7-121 (a), for IR projects, the architect or engineer in responsible charge shall submit the following information to the Office:

1. Complete project schedule.

2. Proposed review matrix outlining all phases, milestones, increments, and segments for the project.

3. Initial draft of the Integrated Review Plan (IRP) proposed, defining roles and accountability of the participants.

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

Reference: Health and Safety Code Section 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-121. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

7-123. Preliminary plans and specifications.

(a) The governing board or authority or their designated representative may submit preliminary plans and preliminary annotated specifications to the Office for review prior to submittal of the final construction documents.

(b) The Office’s review of the preliminary plans and outline specifications shall be limited to the content of the preliminary plans and outline specifications submitted. A copy of the marked-up preliminary plans and outline specifications or of the approved preliminary plans and outline specifications shall accompany the submittal of the final construction documents.

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

Reference: Health and Safety Code Section 129850.

7-125. Final review of construction documents.

(a) Final construction documents shall be submitted in accordance with Section 107, Part 2. Title 24 within 10 days of application. Final construction documents that are incomplete shall be returned to the applicant for completion prior to acceptance by the Office for plan review.

(b) Local government entity zoning approvals or clearances shall be furnished to the Office, when applicable, prior to approval of the final construction documents by the Office.

(c) When the Office finds items on the final construction documents that do not comply with these regulations and/or applicable sections of the California Building Standards Code , the noncomplying items shall be noted in writing with a proper code citation. The marked-up set of construction documents will be returned to the architect or engineer in responsible charge. Corrected construction documents shall be filed for backcheck when the original check or subsequent backchecks(s) indicates that extensive changes are necessary. Where necessary corrections are of a minor nature, corrected original construction documents may be filed for backcheck. The architect or engineer in responsible charge must provide a written response to all comments made by the Office. The written response must include a description and a location of the corrections made to the construction documents. The written response may be provided as a letter. Changes in construction documents, other than changes necessary for correction, made after submission for approval, shall be brought to the attention of the Office in writing or by submission of revised construction documents identifying those changes. Failure to give such notice voids any subsequent approval given to the construction documents.

(d) The Office’s approval of the final construction documents shall be in accordance with Section 107.3.1, Part 2, Title 24.

(e) Changes in scope. Changes to the scope of the original project shall be required to be submitted as a separate project.

Exception: At the discretion of the Office, changes in scope may be allowed in the original project. The Office may require the documents to be reviewed as an examination subject to fees required by Section 7-133(q)(3).

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

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-125. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

2. (OSHPD 7/96) 1996 Annual Code Adoption Cycle will amend Section 7-125, of Part 1, Title 24, C.C.R. Filed with the secretary of state on March 4, 1997; effective April 3, 1997. Approved by the California Building Standards Commission on February 6, 1997.

7-126. Deferred submittals.

(a) Conditions. Where a portion of the design cannot be fully detailed on the approved construction document because of variations in product design and manufacture, the approval of the construction documents for such portion may be deferred until the material suppliers are selected under the following conditions:

1. The construction documents clearly describe the deferred submittals that shall be approved by the Office prior to fabrication and installation for the indicated portions of the work.

2. The construction documents fully describe the performance and loading criteria for such work.

3. After the construction documents are approved and within 30 calendar days after commencement of construction, the architect or engineer in responsible charge shall submit a schedule to the Office indicating when the deferred submittals will be submitted to the Office for review.

Exception: Seismic Force Resisting System (SFRS), Primary Gravity Load Resisting System (PGLRS) and stairs shall not be deferred.

(b) Submittal process and notation. Submittal documents for deferred submittal items shall be submitted to the architect or engineer to whom responsibility has been delegated for preparation of construction documents, as listed on the application, for review prior to submittal to the Office. The architect or engineer to whom responsibility has been delegated for preparation of construction documents, as listed on the application, shall review and forward submittal documents for deferred submittal items to the Office with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the project.

(c) Stamping and signing. Stamping and signing of deferred submittals shall comply with Section 7-115(a) and (b).

(d) Fabrication and installation. The deferred submittal items shall not be fabricated or installed until their design and submittal documents have been approved by the Office.

(e) Limitations. The Office shall have sole discretion as to the portions of the design that may be deferred.

7-127. Projects exempt from plan review process.

(a) The Office may exempt from the plan review process construction or alteration projects for hospitals, skilled nursing facilities and intermediate care facilities, if the project meets the following criteria:

1. The estimated construction cost is $50,000 or less. For the purpose of determining eligibility for exemption from the plan review process, the estimated construction cost excludes imaging equipment costs; design fees; inspection fees; off-site work; and fixed equipment costs, including but not limited to sterilizers, chillers and boilers.

2. The construction documents are stamped and signed pursuant to Section 7-115(a) and (b).

3. The entire project or an element of the project shall not pose a clear and significant risk to the health and safety of the patients, staff or public.

(b) Projects subdivided into smaller projects for the purpose of evading the cost limitation requirement shall not be exempt from the plan review process. (c) All requirements of Article 4, Construction must be met, except Section 7-135(a)1.

7-128. Work performed without a permit.

(a) Compliance examination. Construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting, and/or observation by the Office when review, permitting and/or observation is required, and without the exemption by the Office provided for in Section 7-127, shall be subject to examination by the Office to assess relevant code compliance.

1. Whenever it is necessary to make an inspection to enforce any applicable provision of the California Building Standards Code or the Alfred E. Alquist Hospital Facilities Seismic Safety Act, or the Office, or its authorized representative, has reasonable cause to believe that there exists in any building or upon any premises any condition or violation of any applicable building standards that makes the building or premises unsafe, dangerous, or hazardous, the Office or its authorized representatives may enter the building or premises at any reasonable time for the purpose of inspection and examination authorized by this chapter.

2. Examination by the Office may include, but is not limited to:

   • A. Review of existing plans;

   • B. Site visit(s) as necessary to assess the extent of unpermitted work;

   • C. Inspection of work for the purpose of determining compliance including destructive demolition as necessary in accordance with California Building Code Section 110.1 including the removal and/or replacement of any material required to allow inspection, and potentially destructive testing needed to demonstrate compliance with the California Existing Building Code ; and

   • D. Participation in a predesign conference with architects/engineers to resolve code issues relevant to the corrective or remedial work necessary.

(b) Plan review. Construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting and/or observation by the Office, and construction or alteration found in violation of any applicable section of the California Building Standards Code during examination, shall be brought into compliance with the current enforceable edition of the California Building Standards Code. Application for Office review of construction documents and reports for the construction or alteration and corrective work necessary to remedy any violations, unsafe, dangerous, or hazardous conditions shall be made in accordance with Sections 7-113 through 7-126. The construction documents and reports shall be prepared under an architect or engineer in responsible charge pursuant to Section 7-115 and shall clearly and separately delineate the following:

1. Portions of the building or structure that existed prior to the unpermitted construction or alteration;

2. The unpermitted construction or alteration work that is proposed to remain, including all associated dimensions, assemblies, specifications and details; and

3. New corrective or remedial work necessary to bring the unpermitted construction or alteration work into compliance with all applicable parts of the current California Building Standards Code.

(c) Construction observation. The construction, inspection and observation of any construction or alteration of any health facility, governed under these regulations, previously performed without the benefit of review, permitting, and/or observation, and of any new corrective or remedial work deemed necessary by the Office, shall be in accordance with Article 4 of this Chapter. The Office shall make such observation as in its judgment is necessary or proper for the enforcement of these regulations and all applicable parts of the California Building Standards Code. Any violations found in existing, previously constructed or altered, or new corrective or remedial work shall be corrected as required under California Building Code Section 110.6.

(d) Fees. Fees associated with compliance examination, plan review and field observation shall be in accordance with the following:

1. The fee for examination shall be the Office’s actual costs associated with:

   • A. Field investigation and Office support as described in Section 7-128(a)2; and

   • B. Legal and administrative costs associated with documentation and reporting of violations of licensing statutes and/or pursuing claims of misconduct with the relative Departments and Boards, including but not limited to:

     • 1. The California Department of Public Health;
     • 2. The California Architects Board;
     • 3. The Board for Professional Engineers, Land Surveyors, and Geologists; and
     • 4. The Contractors State License Board.

2. A separate, additional, fee for plan review described in Section 7-128(b) and field observation described in Section 7-128(c) shall be based on the estimated cost of construction as specified below:

   • A. The fee for hospital buildings is 2.0 percent of the estimated construction cost.

   • B. The fee for skilled nursing and intermediate care facilities, as defined in Subdivision (c), (d), (e) or (g) of Section 1250, Health and Safety Code, is 1.5 percent of the estimated construction cost.

   • C. The estimated construction cost for a project shall be determined as described in Section 7-133(a)4 and shall include the value of the previously unpermitted construction, or alteration, plus the value of any new corrective and remedial work.

   • D. The final approval of the work shall be in accordance with Section 7-133(a)7.

(e) Occupancy. Upon determination that construction or alteration of any health facility, governed under these regulations, has occurred without the benefit of review, permitting, and/or observation by the Office, and without the exemption by the Office provided for in Section 7-127, the Office may order the area of construction or alteration to be vacated and remain unoccupied, or that the current certificate of occupancy for the building be revoked under California Building Code Section 111.4, until the Office provides a certificate of occupancy upon the completion of all field observation and final construction inspection of the construction or alteration, and associated corrective and remedial work.

Authority: Health and Safety Code Sections 18929 and 129765 -130070.

Reference: Health and Safety Code Section 129850.

7-129. Time limitations.

(a) Final construction documents shall be submitted to the Office within one year of the date of the Office’s report on preliminary plans and outline specifications or the application shall become void unless an extension has been requested and approved. The architect or engineer in responsible charge may request one extension of up to 180 calendar days; however, the Office may require that the construction documents meet current regulations. The extension must be requested in writing and justifiable cause demonstrated.

(b) The procedures leading to obtaining written approval of final construction documents shall be carried to conclusion without suspension or unnecessary delay. Unless an extension has been approved by the Office, the application shall become void when paragraph 1, 2 or 3 occurs:

1. If project actual construction cost is $500,000 or less and construction documents are not filed for backcheck within 45 calendar days after the date of return of checked construction documents to the architect or engineer in responsible charge. Backcheck submittals that do not contain a written response to all comments in accordance with Section 7-125(c) shall not be considered an official submittal to the Office. The architect or engineer in responsible charge may request one

   • extension of up to 45 calendar days; however, the Office may require the construction documents be revised to meet current regulations. The extension must be requested in writing and justifiable cause demonstrated.

2. If project actual construction cost is greater than $500,000 and construction documents are not filed for backcheck within 90 calendar days after the date of return of checked construction documents to the architect or engineer in responsible charge. Backcheck submittals that do not contain a written response to all comments in accordance with Section 7-125(c) shall not be considered an official submittal to the Office. The architect or engineer in responsible charge may request one extension of up to 90 calendar days; however, the Office may require the construction documents be revised to meet current regulations. The extension must be requested in writing and justifiable cause demonstrated.

3. A set of stamped construction documents are not submitted to the Office within 45 calendar days after the date shown with the identification stamp by the Office.

(c) Construction, in accordance with the approved construction documents, shall commence within one year after obtaining the written approval of construction documents, or this approval shall become void. Prior to the approval becoming void, the applicant may apply for one extension of up to one year. The Office may require that the construction documents be revised to meet current regulations before granting an extension. The extensions must be requested in writing and justifiable cause demonstrated.

ter obtaining the written approval of construction documents, or this approval shall become void. Prior to the approval becoming void, the applicant may apply for one extension of up to one year. The Office may require that the construction documents be revised to meet current regulations before granting an extension. The extensions must be requested in writing and justifiable cause demonstrated.

(d) If the work of construction is suspended or abandoned for any reason for a period of one year following its commencement, the Office’s approval shall become void. Prior to the approval becoming void, the applicant may apply for one extension of up to one year. The Office may require that the construction documents be revised to meet current regulations before granting an extension. The extensions must be requested in writing and justifiable cause demonstrated. For the purpose of building permit time limitation, a project shall be considered abandoned when the work of construction, if any, performed during any twelve-month period does not result in a minimum of ten percent increase in the overall percentage of construction work for the project based on either its scope or cost and no extension for time has been approved by the office.

Exception: The time limitations and deadlines specified in Section 7-129 (a) and (b) shall not apply to managed projects as defined in Section 7-111. This includes, but is not limited to, projects approved for integrated review, as described in Section 7- 130, or incremental review, as described in Section 7-131.

(e) The procedures leading to project closeout shall be carried to conclusion without suspension or unnecessary delay. Once project completion Substantial Compliance or a Certificate of Occupancy is issued, final closeout documentation must be submitted within 90 days or the Substantial Compliance or Certificate of Occupancy will be revoked, California Department of Public Health informed of the revocation and the project closed as noncompliant.

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

Reference: Health and Safety Code Section 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-129. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

7-130. Integrated submittal, review and approval.

The Office, at its sole discretion, may enter into a written agreement with the hospital governing board or authority for the integrated submittal, review and approval of construction documents.

7-131. Incremental design, bidding and construction.

(a) In accordance with Section 107.3.3, Part 2, Title 24, the Office is authorized to review and approve construction documents and issue a permit for increments of a building or structure prior to the construction documents for the entire building or structure have been submitted and approved, provided that adequate information and detailed statements have been filed complying with pertinent requirements of applicable codes. For other regulations pertaining to incremental design, bidding and construction, see Section 107.3.3, Part 2, Title 24.

(b) Increments shall be limited to complete phases of construction, such as demolition, site work and utilities, foundations and basement walls, structural framing, architectural work, mechanical work, electrical work, etc. A master plan identifying the work to be completed in each increment and an estimated cost for each increment, and a chart showing the proposed coordination of the design, bidding and construction schedules; state and local plan review times; and estimated completion and occupancy of the project, shall be submitted with the first increment.

(c) The incremental submittals and construction shall be continuous to conclusion without suspension or unnecessary delay unless specifically approved by the Office.

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

Reference: Health and Safety Code Section 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-131. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

7-132. Design/build method.

Projects prepared under the design/build delivery method shall comply with all applicable requirements of Title 24, Part 1, California Administrative Code including but not limited to Sections 7-115, 7-141, 7-143, 7-144, 7-145, 7-149, 7-151, 7-153 and 7-155. Authority: Health and Safety Code Section 18929 and 129675–130070. Reference: Health and Safety Code Section 129850.

7-133. Fees.

(a) Plan review and field observation. The fee for plan review and field observation shall be based on the estimated cost of construction as specified below. If the actual construction cost for a hospital or skilled nursing facility project exceeds the estimated construction cost by more than five percent (5%), a further fee shall be paid to the Office, based on the applicable schedule specified in (a) (1) or (2) and computed on the amount by which the actual cost exceeds the estimated cost.

1. The fee for hospital construction projects with an estimated construction cost of $250,000 or more is 1.64 percent of the estimated construction cost.

   • A. For projects under $250,000, the fee is 2.0 percent of the estimated construction cost.

   • B. The Office shall charge actual costs for review and approval of seismic evaluations and compliance plans prepared pursuant to Article 8, Chapter 1, Part 7, Division 107, (commencing with Section 130000) of the Health and Safety Code. Total cost paid for these review services shall be nonrefundable.

2. The fee for skilled nursing and intermediate care facilities, as defined in Subdivision (c), (d), (e) or (g) of Section 1250, Health and Safety Code, is 1.5 percent of the estimated construction cost.

3. The minimum filing fee shall be $250.00. This filing fee is nonrefundable.

4. The estimated construction cost for a project shall be determined as follows:

   • A. An applicant shall submit the estimated cost of construction for a project as part of the project application. Applicants for projects with an estimated construction cost greater than $20 million, and any others as requested by the Office, shall submit justification of the estimated construction costs as part of the project application.

   • B. In the event that the Office believes that a project’s estimated construction cost may be inaccurate or undervalued, the Office may request that the applicant provide supplemental documentation to substantiate the estimated construction cost. The documentation may include, but is not limited to, design estimates, construction contracts, bid estimates, and/or budget estimates.

   • C. If, upon review, the Office determines that reasonable grounds exist to find that the estimated construction cost is underestimated or undervalued, the Office will provide the applicant in question an opportunity to participate in a formal conference and/or present additional evidence before a final determination as to the validity of the estimated construction cost is made.

   • D. The Office will make a final determination as to the validity of the estimated construction cost after considering all of the evidence on record, including the formal conference and/or any supplemental documentation provided by the applicant.

• E. In the event the Office makes a final determination that the estimated construction cost is underestimated or undervalued, the Office may deem the application incomplete and deny the project application until the applicant either: (a) revises the estimated construction cost to the Office’s reasonable satisfaction, or (b) produces further documentation to substantiate the estimated construction cost to the Office’s reasonable satisfaction. A notice of denial will be provided to the applicant in writing and may be appealed to a Hearing Officer consistent with Article 5.5.

5. Upon receipt of an application, the Office will calculate the fee for the proposed project or process and send an invoice to the applicant for the required fee amount. Payment is due within thirty (30) days of receipt of the invoice. A project application is incomplete until payment in full is received by the Office for the invoiced fee amount.

6. The Office may, but is not required to, provide plan review, field observation and other services for projects or processes with incomplete applications. The Office may, at its discretion, cease work on any project or process until the relevant application is deemed complete. The Office may, at its discretion, prioritize projects or processes with complete applications before projects or processes with incomplete applications, and may allocate resources for the plan review or process based upon the date that each respective application is deemed complete.

If the Office, as a courtesy, provides plan review, field observation or other services for a project or process with an incomplete application, it shall not be deemed a waiver of the Office’s right to: (a) cease or postpone work on the project or process in question at a future date; (b) cease or postpone work on other projects or processes with incomplete applications until the applications in question are deemed complete; and/or (c) pursue any and all legal remedies for collection of monies owed.

7. Upon completion of all work in accordance with the approved construction documents and receipt of all required verified compliance reports and testing and inspection reports, the Office will grant final approval of the work when all remaining fees based on the actual construction cost, if any, have been paid to the Office. The actual construction cost for a project shall be determined as follows:

   • A. The hospital governing board or authority shall submit the actual construction cost for a project as part of the final approval of the work.

   • B. In the event that the Office believes that a project’s actual construction cost may be understated, the Office may request that the hospital governing board or authority provide supplemental documentation to substantiate the actual construction cost. This supplemental information may include, but is not limited to, executed construction contracts, paid invoices, approved change orders, cancelled checks, etc.

that the Office believes that a project’s actual construction cost may be understated, the Office may request that the hospital governing board or authority provide supplemental documentation to substantiate the actual construction cost. This supplemental information may include, but is not limited to, executed construction contracts, paid invoices, approved change orders, cancelled checks, etc.

• C. If, upon review of the supplemental information, the Office determines that reasonable grounds exist to find that the actual construction cost is understated, the Office may provide the hospital governing board or authority in question

an opportunity to participate in a formal conference and/or present additional evidence before a final determination as to the validity of the actual construction cost is made.

• D. The Office will make a final determination as to the validity of the actual construction cost after considering all of the evidence on record, including the formal conference and/or any supplemental information provided by the hospital governing board or authority.

• E. In the event that the Office makes a final determination that the actual construction cost is understated, the Office may deem the project as noncompliant with the Alfred E. Alquist Hospital Facilities Seismic Safety Act until the hospital governing board or authority either: (a) revises the actual construction cost to the Office’s reasonable satisfaction, or (b) produces further supplemental information to substantiate the actual construction cost to the Office’s reasonable satisfaction. A notice of denial will be provided to the hospital governing board or authority in writing and may be appealed to a Hearing Officer consistent with Article 5.5.

The Office may, but is not required to, provide a final construction inspection, field observation, issue a certificate of occupancy or other services for projects or processes for which all fees have not been paid. The Office may, at its discretion, cease work on any project or process until all remaining fees have been paid to the Office’s satisfaction in accordance with Section 7-155. The Office may, at its discretion, prioritize projects or processes for which all remaining fees have been paid, before projects or processes for which outstanding fees are owed the Office and may allocate resources for its services based upon the date that all outstanding fees for each respective project or process has been paid to the Office’s satisfaction.

If the Office, as a courtesy, provides a final construction inspection, field observation, certificate of occupancy, or other services for a project or process for which remaining fees have not been paid, it shall not be deemed a waiver of the Office’s right to: (a) cease or postpone work on the project or process in question at a future date; (b) cease or postpone work on other projects or processes in noncompliance until the remaining fees have been paid to the Office’s satisfaction; and/or (c) pursue any and all legal remedies for collection of monies owed.

ch remaining fees have not been paid, it shall not be deemed a waiver of the Office’s right to: (a) cease or postpone work on the project or process in question at a future date; (b) cease or postpone work on other projects or processes in noncompliance until the remaining fees have been paid to the Office’s satisfaction; and/or (c) pursue any and all legal remedies for collection of monies owed.

(b) The fee for submitting an amended seismic evaluation report or compliance plan is $250. The fee for review and approval of the amended report or compliance plan shall be subject to Section 7-133(a)1A above.

(c) The fee for submitting an application for extension to seismic compliance is $250. The fee for review and approval or granting of a seismic extension shall be subject to Section 7-133(a)1A above.

(d) Preliminary review. The fee for review of preliminary plans and outline specifications pursuant to Section 7-121 is 10 percent of the fee indicated in Section 7-133(a) and shall be due upon the submission of preliminary plans and outline specifications. The preliminary review fee is nonrefundable and shall be deducted from the application fee specified in Section 7-133(a).

(e) Incremental projects. The fee for incremental projects pursuant to Section 7-131 is based upon the estimated construction cost of each increment, as calculated in accordance with Section 7-133(a), and shall be due upon the first submission of the construction documents of each construction increment. The final fee shall be based upon the determination of the final actual construction cost of all increments in accordance with Section 7-133(a).

(f) Annual permit for hospital projects. A hospital may choose to apply for an annual permit for one or more small projects of $50,000 or less in cumulative total estimated construction cost. The annual permit is applicable to only the project(s) submitted within the state’s fiscal year in which the Office issues the annual permit. An application filing fee of $500.00 is due upon submittal of the annual permit and is in lieu of an application filing fee specified in (a) of this Section.

(g) Annual permit for skilled nursing facility projects. A skilled nursing facility may choose to apply for an annual permit for one or more small projects of $25,000 or less in cumulative total estimated construction cost. The annual permit is applicable to only the project(s) submitted within the state’s fiscal year in which the Office issues the annual permit. An application filing fee of $250.00 is due upon submittal of the annual permit and is in lieu of an application filing fee, as specified in (a) of this Section.

• (h) Integrated review submittal.

1. The fee for integrated review and approval pursuant to Section 7-130 shall be 1.95 percent of the estimated construction cost as calculated in accordance with Section 7-133(a) 4 through 7. A nonrefundable fee of 10 percent of the fee shall be due upon approval of the written agreement and shall be deducted from the application fee specified in Section 7-133(a) or fees pursuant to Section 7-133(e) for incremental reviews.

view and approval pursuant to Section 7-130 shall be 1.95 percent of the estimated construction cost as calculated in accordance with Section 7-133(a) 4 through 7. A nonrefundable fee of 10 percent of the fee shall be due upon approval of the written agreement and shall be deducted from the application fee specified in Section 7-133(a) or fees pursuant to Section 7-133(e) for incremental reviews.

(i) Geotechnical/Geohazard reports. The nonrefundable fee for review of a geotechnical/geohazard report shall be $5,000.00.

(j) Deferral of fee payment for disaster-related projects.

1. A health facility may request to defer payment of the filing fee, as described in this section, for up to one year, for a construction or alteration project to repair damage resulting from an event which the governor has declared as a disaster. The request for payment deferral must be submitted to the Office, in writing, and accompany the application for plan review. The request may be on a form, as provided by the Office, or other written format and shall identify the facility name, project number, estimated construction cost and shall certify to the following:

   • A. The repair project is necessary due to damage sustained by the [name of the specified event] which was declared to be a disaster by the governor on [date of the declaration].

   • B. The facility cannot presently afford to pay the filing fee.

   • C. On [date of application], the health facility applied for federal disaster relief from the Federal Emergency Management Agency (FEMA) with respect to the disaster identified in this request.

   • D. The facility expects to receive financial assistance within one year of the date of the application for disaster relief. Payment deferral requests shall be signed by the health facility’s chief executive officer or chief financial officer.

2. Within ten business days of receipt of a facility’s payment deferral request, the facility will be given written notice by the deputy director either approving or denying the deferral of the project plan review fee. Incomplete requests will be returned to the facility by facsimile within five business days, accompanied by a statement describing what is needed for the request to be complete.

3. If the deferral request is denied by the deputy director, the health facility may appeal this decision to the director of the Office. The appellant must submit a written appeal to the Office within ten business days of receipt of the denial. If an appeal is not received by the Office within the ten business days, the project will be returned to the health facility as incomplete.

4. The plan review fees deferred under this section shall be due and paid in full by the applicant facility within one year from the date of the Office’s approval of the project plans. Failure to submit the deferred fee payment will result in an offset against any amount owed by the state to the health facility.

(k) Seismic examination. The Office shall charge actual costs for the seismic examination of the condition of a hospital building upon written request to the Office by the governing board or authority of any hospital, pursuant to Section 129835 of the Health and Safety Code. In addition, the minimum filing fee of $250.00 shall apply to each application pursuant to Health and Safety Code Section 129785(a). The total cost paid for these services shall be nonrefundable.

(l) OSHPD Special Seismic Certification preapproval (OSP). The Office shall charge for actual review time of new and renewal OSPs at prevailing hourly rates applicable for the review personnel. In addition, the minimum filing fee of $250.00 shall apply to each new and renewal application, pursuant to Section 129785(a) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

(m) OSHPD Preapproval of Manufacturer’s Certification (OPM). The Office shall charge for actual review time of the OPM at prevailing hourly rates applicable for the review personnel, pursuant to Section 129895 of the Health and Safety Code. In addition, the minimum filing fee of $250.00 shall apply to each new and renewal application, pursuant to Section 129785(a) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

(n) Work performed without a permit. Fees associated with examination, plan review, and construction observation for construction or alteration of any health facility, governed under these regulations, performed without the benefit of review, permitting, and/or observation by the Office, and without the exemption by the Office provided for in Section 7-127, shall be determined in accordance with Section 7-128(d).

(o) Hospital building seismic compliance extensions. The Department shall charge actual costs to cover the review and verification of the extension documents submitted, pursuant to Section 130060(g) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

(p) Alternate Method of Compliance. The fee for an Alternate Method of Compliance/Protection (AMC) application is $250.00. In addition, the Office shall charge actual costs for review of AMCs involving examination on the condition of any hospital building, including but not limited to review for equivalency to the California Building Standards Code. The total cost paid for these services shall be nonrefundable.

(q) Amended construction documents. The fee for submittal and review of Amended Construction Documents shall be as follows:

1. Additional costs. The minimum filing fee for Amended Construction Documents which result in additional construction costs shall be $250.00.

2. Cost reductions. The minimum filing fee for Amended Construction Documents with cost reductions or no cost shall be $500.00. The Office shall charge actual costs for review and approval. Total cost paid for these review services shall be nonrefundable.

3. Review by examination. The filing fee for Amended Construction Documents with a change in scope, as defined in Section 7-153(d) exception, shall be $250.00. In addition, the Office shall charge actual costs associated with the examination and review of such documents.

The filing fees established in this subsection are nonrefundable.

(r) Projects with no construction. The Office shall charge actual costs for the review of projects that do not have any construction. In addition, the minimum filing fee of $250.00 shall apply to each application pursuant to Section 129785(a) of the Health and Safety Code. The total cost paid for these services shall be nonrefundable.

Authority: Health and Safety Code Sections 18929 and 129675–130070. Reference: Health and Safety Code Section 129785 and 129850.

HISTORY:

1. (OSHPD 2/95) Regular order by the Office of Statewide Health Planning and Development to amend Section 7-133. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.

2. (OSHPD/EF 1/91) Emergency order by the Office of Statewide Health Planning and Development to amend Section 7-133, Part 1, Title 24, California Code of Regulations. Filed as an emergency order with the secretary of state September 25, 1991; effective September 25, 1991. Approved as an emergency by the California Building Standards Commission on September 20, 1991.

3. (OSHPD/EF 1/91) Permanent order by the Office of Statewide Health Planning and Development to amend Section 7-133, Part 1, Title 24, California Code of Regulations. Filed as a permanent order with the secretary of state February 25, 1992; effective September 25, 1991. Approved as an emergency by the California Building Standards Commission on February 24, 1992.

7-134. Fee refund

(a) Upon written request from the applicant, a fee refund may be issued pursuant to this section.

1. The written refund request must be submitted to the Office within:

   • a. One year from the date that a Certificate of Occupancy or a Certificate of Substantial Compliance is issued by the office,

   • b. One year from the date the project is withdrawn by the applicant, or

   • c. One year from the date when an application may become void, based on the requirements of Section 7-129, Time Limitations for Approval.

2. No refund shall be issued before the date the project is closed or withdrawn or the application is voided.

3. If delinquent fees are owed to the Office for any health facility construction project at the subject facility, no refund shall be issued until the delinquent fees are paid.

4. Refunds, pursuant to Section 7-134, shall be exclusive of the $250 filing fee.

5. Refunds shall be calculated pursuant to Sections 7-134 (b) or (c).

(b) Refunds for projects that are completed. If the estimated construction cost of a project exceeds the actual construction cost by more than five percent (5%), the excess portion of the fees paid pursuant to Section 7-133(a)(1) or (2) shall be refunded to the applicant health facility. The refund amount shall be computed based on the amount by which the estimated cost exceeds the actual construction cost.

Exception: The Office will not issue a refund if the applicant did not complete construction of at least 75% of the square footage included in the original approved construction documents for the project, or if the applicant reduces the scope of the project shown on the original approved plans by more than 25%.

(c) Refunds for projects that are withdrawn or cancelled. A portion of the fees paid to the Office, pursuant to Section 7-133, may be refunded to the applicant under the following specified circumstances:

1. If the applicant withdraws a project prior to commencement of plan review, the total fee, exclusive of the $250 filing fee, shall be refunded to the applicant.

2. If the applicant withdraws a project after commencement of plan review and prior to commencement of construction, 30% of the fee submitted for that project shall be refunded to the applicant.

3. If the applicant cancels a project after commencement of construction, the Office shall not issue a refund.

4. If a project submitted under an annual permit is withdrawn by the applicant, the $250 filing fee shall not be refunded by the Office.

5. If fees are paid for a project that is determined by the Office to be exempt from the plan review process or otherwise not reviewable under the Office’s jurisdiction, the total fee, exclusive of the $250 filing fee, shall be refunded to the applicant.

(d) If the applicant is able to demonstrate extraordinary circumstances, the Director of the Office may authorize refunds in addition to those specified above.

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

Reference: Health and Safety Code Section 129785.