Article 4 — of this Chapter. The Office shall make such observation as in its judgment…

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 docu mentation 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;

• Building Code ; and 2) The California Architects Board;

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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. The estimated construction cost shall include fixed equipment cost or estimated value (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site construction work.

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. The estimated construction cost shall include fixed equipment but exclude design fees, inspection fees and off-site work.

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 accor dance 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 either paragraph 1 or 2 occurs:

SAFETY STANDARDS FOR HEALTH FACILITIES

1. Prints from corrected 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.
2. A set of prints of the 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.

(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.

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

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,
2. Approved by the California Building Standards Commission on March 19, 1996.

7-130. Phased submittal, review and approval.

The Office, in its sole discretion, may enter into a written agreement with the hospital governing board or authority for the phased 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

2019 CALIFORNIA ADMINISTRATIVE CODE 161

Copyright © 2019 ICC. ALL RIGHTS RESERVED. Accessed by Kevin Day (kevin.day@dgs.ca.gov), (California Building Standards Commission) Order Number #100735044 on Jul 24, 2019 03:54 PM (PDT) pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.

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SAFETY STANDARDS FOR HEALTH FACILITIES

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 indentifying the work to be completed in each increment, 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,
2. 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 buildings is 1.64 percent of the estimated construction cost. The estimated construction cost shall include fixed equipment cost or estimated value (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site construction work.

A. 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. The estimated construction cost shall include fixed equipment (including shipping, installation, and taxes) but exclude design fees, inspection fees and off-site work.

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 con struction 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 reason able 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