Article 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.
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

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applications in question are deemed complete; and/or (c) pursue any and all legal remedies for collection of monies owed.

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 sub mit 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.

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 determina tion 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

SAFETY STANDARDS FOR HEALTH FACILITIES

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.

(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.

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SAFETY STANDARDS FOR HEALTH FACILITIES

(h) Integrated review submittal.

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.

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

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

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 sus tained 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 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 busines 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.

eismic 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 Certifica- tion (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) SPC-1 hospital building seismic compliance exten- sions. The Office 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:

Additional costs. The minimum filing fee for Amended Construction Documents which result in additional construction costs shall be $250.00.
Cost reductions. The minimum filing fee for Amended Construction Documents with cost reductions or no cost shall be $500.00.
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.

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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.

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

(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,
Approved by the California Building Standards Commission on March 19, 1996.
(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.
(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,
Approved as an emergency by the California Building Standards Commission on February 24, 1992.

7-134 Fee refund¶

7-134. Fee refund

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

The written refund request must be submitted to the Office within: a. One year from the date that a Certificate of Occu

pancy 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.

SAFETY STANDARDS FOR HEALTH FACILITIES

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 7133, may be refunded to the applicant under the following specified circumstances:

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.
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.
If the applicant cancels a project after commencement of construction, the Office shall not issue a refund.
If a project submitted under an annual permit is withdrawn by the applicant, the $250 filing fee shall not be refunded by the Office.
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.