Article 6

4-341 Duties of the architect, structural engineer or pro-¶

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

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

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

(b) General responsible charge. The architect, structural engineer or professional engineer in general responsible charge shall advise the school board in regard to filing of the application for approval of plans, the selection of an inspector and the selection of a testing laboratory. The architect or registered engineer in general responsible charge shall prepare plans, specifications, design calculations and other data and shall prepare addenda and construction change documents authorized by the school board and as required by conditions on the project.

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

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

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

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

(d) Approval of inspectors. The school district or architect or registered engineer in general responsible charge shall obtain DSA approval for a project inspector, an assistant

inspector and a replacement inspector, if any, prior to commencement or continuation of construction work, as applicable, in accordance with the project inspector approval process specified by DSA. The following shall be submitted to DSA:

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

DSA inspector approval is contingent upon the inspector providing adequate time to satisfy continuous inspection requirements per 4-342(b)1. The proposed project inspector’s concurrent workload shall be included in the inspector’s submittal forms for project approval. If DSA determines the inspector’s cumulative workload appears excessive and may hinder continuous inspection required per Section 4-342(b)1, DSA may require the inspector to justify that sufficient time will be spent on the project. 2. The name of any proposed assistant inspector together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA, in accordance with the project inspector approval process specified by DSA. 3. The name of any special inspector to be used, in accordance with Section 4-335(f)1(B). 4. When a replacement project inspector is retained, the name of the person proposed as the new project inspector, together with an outline of his or her experience and pertinent qualifications on a form prescribed by DSA. The architect or registered engineer in general responsible charge shall provide general direction of the work of the project inspector and shall immediately notify the school board and DSA in writing if the project inspector is found to be unable or unwilling to perform such duties properly. This notification shall include a statement as to whether the architect or engineer is recommending that the school board terminate the inspector’s employment. Prior to termination, the school district shall confer with DSA and provide the basis for the termination, and the architect or structural engineer in general responsible charge shall obtain DSA approval of a replacement project inspector. No work on the project may proceed until a new project inspector has been approved by DSA. Upon completion of a terminating verified report, the inspector’s duties and responsibilities for the project are ended.

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

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

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

(f) Architect or engineer verified reports. The architect or registered engineer in general responsible charge and all architects and registered engineers delegated responsibility

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

nstruction shall submit verified reports to DSA and provide a copy to the project inspector as required by Section 4-336. The architect or registered engineer in general responsible charge shall also require that verified reports from the project inspector, special inspectors, testing facility, the geotechnical engineer, contractors and the other architects and engineers are submitted as required.

(g) Structural tests and special inspection program. The architect or registered engineer in general responsible charge shall establish the extent of the structural tests and special inspection program consistent with the needs of the particular project (see Section 4-335) and shall issue specific instructions to the testing facility and special inspectors prior to start of construction. He or she shall also notify DSA as to the disposition of materials noted on laboratory testing, and/ or special inspection, reports as not conforming to the DSA approved documents.

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

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

4-342 Duties of the project inspector.¶

4-342. Duties of the project inspector.

(a) General. The project inspector shall act under the direction of the architect or registered engineer in general responsible charge. The project inspector is also subject to supervision by DSA.

(b) Duties. The general duties of the project inspector in fulfilling his or her responsibilities are as follows:

Continuous inspection requirement. The project inspector must have actual personal knowledge, obtained by personal and continuous inspection of the work of construction in all stages of its progress, that the requirements of the approved plans and specifications are being completely executed.

Continuous inspection means complete inspection of every part of the work. Work, such as concrete work or masonry work that can be inspected only as it is placed, shall require the constant presence of the inspector. Other types of work that can be completely inspected after the work is installed may be carried on while the inspector is not present. In any case, the inspector must personally inspect every part of the work. In no case

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shall the inspector have or assume any duties that will prevent the inspector from giving continuous inspection. DSA may require verification from the project inspector of time spent at the construction site during all phases of the work. The project inspector may obtain personal knowledge of the work of construction, either on-site or off-site, performed under the inspection of special inspectors and/or assistant inspectors (Section 4-333). The project inspector may obtain personal knowledge that materials used in the construction conform to the DSA approved documents by verifying test reports performed by DSA accepted testing facilities, verifying materials certifications shipped with the materials, or other means as specified in the DSA approved documents and referenced codes and standards. The project inspector shall verify that special inspectors possess valid certifications for the work being inspected. The project inspector shall be responsible for monitoring the work of the special inspectors and testing laboratories to ensure that the testing program is satisfactorily completed. The project inspector shall be responsible for supervising the work of all assistant inspectors in accordance with Section 4-333(d). The exercise of reasonable diligence to obtain the facts shall be required. 2. Relations with architect or engineer. Any uncertainties in the inspector’s comprehension of the plans and specifications or inconsistencies or seeming errors in the approved construction documents shall be reported promptly to the architect or registered engineer in general responsible charge for interpretation and instructions. In no case shall the instruction of the architect or registered engineer be construed to cause work to be done that is not in conformity with the DSA approved documents.

Job file. The project inspector shall keep and maintain a file on the job at all times with all of the following: A. DSA approved plans and specifications including

DSA approved addenda and all construction change documents.

B. Applicable parts of the edition of Title 24, C.C.R.,

referred to in the plans and specifications, and any pertinent referenced standards.

C. DSA approved statement of structural tests and spe cial inspections.

D. Copies of project inspector’s semi-monthly reports.

E. Copies of all deviation notices and a log of all deviation

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

F. Log documenting all significant communications

with the design professionals, contractors, DSA representatives and other persons involved in the project. Significant communications include, but are not limited to, interpretations, clarifications or directions

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from the design professionals, issues identified by DSA representatives, directives from the school district and start notices from the contractor.

G. Laboratory tests and inspection reports.

H. Contractor’s request for information (RFI) and

responses to the RFIs.

I. Interpretations and clarifications from the design

professional in general responsible charge.

J. Special inspection reports.

K. Concrete placing operation records showing the time

and date of placing concrete and the time and date of removal of forms in each portion of the structure.

L. Welding operation records including identification

marks of welders, lists of defective welds, manner of correction of defects, etc.

M.Pile driving operation records including penetration

under the last 10 blows for each pile when piles are driven for foundations.

N. Verified reports for all persons required by this code

to file verified reports.

O. Any other applicable documents required to provide

a complete record of construction.

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

Project inspector’s semimonthly reports. The project inspector shall keep the architect or registered engineer in general responsible charge thoroughly informed as to the progress of the work by making semimonthly reports in writing as required in Section 4-337.
Notifications to DSA. The project inspectors shall notify DSA at the following times: A. When construction work on the project is started, or

restarted if previously suspended per Item D below.

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

C. At least 48 hours in advance of the first placement of

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

D. When all work on the project is suspended for a

period of more than one month.

E. By email at least 48 hours prior to scheduled work

covering up uncorrected deviations.

Deviations. The project inspector shall notify the contractor, in writing, of any deviations from the approved plans and specifications that are not immediately cor

rected by the contractor when brought to the contractor’s attention. Copies of such notice shall be forwarded immediately to the architect or registered engineer, and to DSA.

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

Inspector verified report. The project inspector shall make and submit directly to DSA verified reports (see Section 4-336). The project inspector shall prepare and deliver to DSA detailed statements of fact regarding materials, operations, etc., when requested.
Performance of duties. The inspector shall perform all duties and render all services with honesty. Inspectors who fail to carry out their duties in an ethical manner or who engage in illegal activities may be subject to disciplinary action as defined in Section 4-342(d). (c) Violations. Failure, refusal or neglect on the part of an inspector to notify the contractor of any work that does not comply with the requirements of the approved plans and specifications, or failure, refusal or neglect to report immediately, in writing, any such violation to the architect or registered engineer, to the school board and to DSA shall constitute a violation of the Act and shall be cause for DSA to take action that may result in the withdrawal of the inspector’s approval. The State Architect or designee may take appropriate action as described in Section 4-342(d) when any of the following conditions exist:
The inspector has failed to fulfill any of the relevant requirements of this code.
The inspector has been convicted of a crime considered to be substantially related to the qualifications, functions or duties of an inspector in a manner consistent with the public health, safety or welfare. (d) Disciplinary actions. Failure to satisfactorily perform inspector duties identified in this code may be cause for DSA to take action(s) that include but are not limited to the following:

e inspector has been convicted of a crime considered to be substantially related to the qualifications, functions or duties of an inspector in a manner consistent with the public health, safety or welfare. (d) Disciplinary actions. Failure to satisfactorily perform inspector duties identified in this code may be cause for DSA to take action(s) that include but are not limited to the following:

Requiring the inspector to meet with DSA in the regional office for counseling.
Requiring the inspector to attend training classes.
Withdrawal of the inspector’s approval for the project.
Downgrading of the inspector’s class of certification.
Suspension of the inspector’s certification.
Withdrawal of the inspector’s certification. (e) Notice of disciplinary actions. Notice of disciplinary action shall specify the grounds for the actions taken.

(f) Criteria for reinstatement. When considering reversal of any disciplinary action taken pursuant to Section 4342(d), the State Architect or designee evaluating the reinstatement of an inspector’s approval for a project, or certification, may consider the following criteria:

Nature and severity of the act(s) or offense(s).

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The time that has elapsed since the commission of the act(s) or offense(s).
If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.

(g) Filing an appeal.

The State Architect or his/her designee has the discretion to immediately order that approval of a project inspector for a project, or certification, be temporarily invalidated or to seek additional information, pending a final determination by the State Architect or his/her designee pursuant to Section 4-342(c). The decision to temporarily invalidate approval of a project inspector for a project, or certification, will be made on a case by case basis, as necessary to ensure public health, safety and welfare.
The State Architect or his/her designee shall provide the appellant with written notice that their approval for a project, or certification, has been temporarily invalidated as of a specific date or is subject to suspension or denial pursuant to Section 4-342(d), pending a final determination. The written notice shall include the reasons for the action being taken or investigated, as applicable, and provide a summary of the facts and allegations. Service of the written notice of the proposed action shall be confirmed by certified mail.

has been temporarily invalidated as of a specific date or is subject to suspension or denial pursuant to Section 4-342(d), pending a final determination. The written notice shall include the reasons for the action being taken or investigated, as applicable, and provide a summary of the facts and allegations. Service of the written notice of the proposed action shall be confirmed by certified mail.

Written notice of the final determination by the State Architect or his/her designee shall be confirmed by certified mail within 60 days from the initial written notification. The time to render his/her determination may be extended an additional 30 days, as necessary to consider any additional supporting documentation provided to the State Architect relevant to the issue being investigated.
An appeal of an action by the State Architect or his/her designee to suspend approval of a project inspector for a project, or certification, or to deny renewal of a certification must be filed in writing with DSA within 60 days of the date posted on the certified service of the written notice of the final determination from the State Architect. Unless a hearing is specifically requested as provided in Section 4-342(g)6 the appeal will be based on an analysis of the materials available.
Within 60 days from the date of receipt of the appeal the State Architect or his/her designee shall render his/ her determination on the appeal. The time to render the determination may be extended an additional 30 days, as necessary to conclude any research or investigation required, at the discretion of the State Architect or his/ her designee.
Should an individual submit a written request for a hearing, the State Architect may designate an appropriate hearing officer to conduct the hearing. Written notice of the date and time of the hearing and the reasons for the action being taken or investigated, as applicable, shall be provided to the appellant. The hearing shall be limited in scope to the actions stated in the written notice. The appellant may bring a representative of his/her choice.

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The appellant shall be notified in writing of the determination made by State Architect or his/her designee regarding the appeal. Service of the written notice of the decision shall be confirmed by certified mail.
Any appeal of a decision rendered by the State Architect or his/her designee to rescind approval for a project or certification may be appealed to the Superior Court.

Authority: Education Code Sections 17310 and 81142.

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

HISTORY:

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

4-343 Duties of the contractor.¶

4-343. Duties of the contractor.

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

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

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

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

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

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

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

Authority: Education Code Sections 17310 and 81142.

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

HISTORY:

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

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4-344 Duties of mechanical and electrical engineers. The¶

4-344. Duties of mechanical and electrical engineers. The architect or structural engineer in general responsible charge is responsible for the designs prepared by the mechanical and electrical engineers, except that where plans, specifications and estimates for alterations or repairs do not involve architectural or structural changes said plans, specifications and estimates may be prepared and work of construction may be observed by a professional engineer in general responsible charge who is duly qualified to perform such services and who holds a valid certificate under Chapter 7 of Division 3 of the Business and Professions Code for performance of services in that branch of engineering in which said plans, specifications, and estimates and work of construction are applicable.

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

Authority: Education Code Sections 17310 and 81142. Reference: Education Code Sections 17295, 17302, 17309, 81133, 81138 and 81141. HISTORY:

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