This article shall be known and may be cited as the Private Schools Building Safety Act of 1986.
Article 3.5Earthquake Construction of Private Schools
Section § 17320
This section establishes the official name of the law concerning the safety standards for buildings of private schools, which is called the Private Schools Building Safety Act of 1986.
Private Schools Building Safety Safety Standards 1986 School Buildings Construction Infrastructure Safety Regulations Private Education California Schools School Infrastructure Building Codes School Safety Building Compliance Education Sector
Section § 17321
This section highlights the concern that California is at high risk for major earthquakes. There's a significant chance of a damaging earthquake happening before the end of the century. It points out that students in private schools don't always have the same level of earthquake safety as those in public schools, which are protected by specific laws like the Field Act. The section suggests that improving building designs and inspection processes could better protect these students.
The Legislature finds and declares all of the following:
(a)CA Education Code § 17321(a) Most of California is subject to potentially devastating, large-magnitude earthquakes.
(b)CA Education Code § 17321(b) Earth scientists estimate that there is a greater than 50-percent probability that one or more damaging earthquakes will occur in California between now and the end of the century.
(c)CA Education Code § 17321(c) Not all students of private schools enjoy the same or equivalent earthquake safety as is afforded to students of public schools by the Field Act and other legislation.
(d)CA Education Code § 17321(d) Modifications of building design, plan checking, and inspection procedures can offer increased protection to private school students.
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Section § 17322
This law aims to ensure that private school buildings offer the same level of safety as public schools. This means designing and constructing private schools to withstand fires, earthquakes, and strong winds. It requires thorough review and inspection by qualified agencies during the design and building process. Additionally, it ensures that nonstructural elements like ceiling and electrical systems are designed not to compromise safety, especially during an earthquake.
It is the intent of the Legislature that children attending private schools be afforded life safety protection similar to that of children attending public schools by having all of the following:
(a)CA Education Code § 17322(a) Private school structures designed and constructed in a manner that minimizes fire hazards and resists the forces generated by earthquakes, gravity, and winds to the extent necessary to ensure the safety of occupants.
(b)CA Education Code § 17322(b) The structural systems and details set forth in working drawings and specifications carefully reviewed by responsible enforcement agencies using qualified personnel, and the construction process carefully inspected.
(c)CA Education Code § 17322(c) Procedures for the design and construction of private school structures to be subjected to qualified design review and construction inspection.
(d)CA Education Code § 17322(d) Nonstructural components, including, but not limited to, ceiling systems, electrical equipment, and mechanical equipment given adequate consideration during the design and construction process to assure that they will not detract from occupant safety in the event of an earthquake.
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Section § 17323
This section defines key terms related to construction or alteration of private school structures. It specifies what counts as construction work, identifies what qualifies as a private school building, and determines which agency oversees building safety. It also clarifies roles such as structural, electrical, and mechanical engineers, as well as who can be a qualified inspector, focusing on their credentials and responsibilities.
For the purposes of this article:
(a)CA Education Code § 17323(a) “Construction or alteration” means any construction of, addition to, reconstruction of, or structural alteration to any private school structure.
(b)CA Education Code § 17323(b) “Enforcement agency” means the agency of a city, city and county, or county responsible for building safety within its jurisdiction.
(c)CA Education Code § 17323(c) “Private school structure” means any building used for educational purposes through the 12th grade by 50 or more persons for more than 12 hours per week or 4 hours in any one day. Any structure owned or operated by a public school district shall not be affected by this article.
(d)CA Education Code § 17323(d) “Structural engineer” means a person authorized to use the title of structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.
(e)CA Education Code § 17323(e) “Engineer of record” means the architect, if no structural engineer or civil engineer has been retained for the structural design.
(f)CA Education Code § 17323(f) “Electrical engineer” means an electrical engineer, as defined in Section 6702.1 of Chapter 7 of Division 3 of the Business and Professions Code.
(g)CA Education Code § 17323(g) “Mechanical engineer” means a mechanical engineer, as defined in Section 6702.2 of Chapter 7 of Division 3 of the Business and Professions Code.
(h)CA Education Code § 17323(h) “Qualified inspector” means a person who is currently certified by the International Conference of Building Officials or who has demonstrated his or her competence to the satisfaction of the enforcement agency as having expertise and experience in the particular type of construction or operation requiring inspection.
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Section § 17324
This law states that any changes to private school buildings, like construction or alterations, must be reviewed by a qualified enforcement agency. This agency's job is to make sure the plans and actual construction meet safety standards set by the Uniform Building Code and follow approved designs.
The appropriate enforcement agency that meets the requirements of Sections 17331 and 17332 shall review the design and inspect the construction, reconstruction, structural alteration, or addition to any private school structure to the extent necessary to ensure that drawings and specifications comply with the applicable sections of the Uniform Building Code and to ensure that construction work has been performed in accordance with the approved drawings and specifications, and the provisions of this article.
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Section § 17325
Small one-story private school buildings, specifically up to 2,000 square feet and built in certain styles, don't have to follow the usual rules mentioned in this article.
Private school structures of one-story Type V and Type II N construction, as defined by the Uniform Building Code, that are 2,000 square feet or less in floor area are exempt from the provisions of this article.
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Section § 17326
Before building or changing a private school, the organization responsible must submit design plans to the enforcement agency for approval. If the plans meet the requirements, they are stamped and signed by a qualified person. This rule doesn't apply to contracts made before July 1, 1987.
(a)CA Education Code § 17326(a) Prior to adopting any drawings or specifications for the private school structure, the governing board, authority, owner, corporation, or other agency proposing to construct any private school structure shall submit the design calculations, drawings, and specifications of the private school structure to the appropriate enforcement agency. The enforcement agency shall stamp the drawings and specifications if the construction or alteration is approved by the enforcement agency. Included with the stamp shall be the signature of the qualified person referred to in Sections 17333 and 17334.
(b)CA Education Code § 17326(b) The provisions of this section are not applicable to private school construction or alteration contracts entered into prior to July 1, 1987.
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Section § 17327
If a private school wants to build or alter its buildings, it must submit detailed plans, including drawings, design calculations, and soil analysis, to the enforcement agency for approval. The plans can be sent and approved in parts if necessary, but they must meet all the specific requirements set by the enforcement agency.
The application for approval of the drawings and specifications for private school structures shall be accompanied by comprehensive and complete drawings, design calculations, specifications, and a soil analysis at a level of detail appropriate to the proposed structure and site, all of which shall comply with the requirements prescribed by the enforcement agency. This review shall not preclude incremental submission and approval of drawings and specifications.
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Section § 17328
This law requires the enforcement agency to either approve or reject the plans for building or modifying private school buildings. They must check the design calculations, drawings, and specifications to make sure they follow specific safety and construction rules. The agency must also keep records showing these plans have been reviewed and comply with building code standards.
The enforcement agency shall approve or reject all drawings and specifications for the construction or alteration of private school structures and in doing so shall review the submitted design calculations, drawings, and specifications to ensure compliance with the requirements of this article. A record shall be kept by the enforcement agency indicating that design calculations, drawings, and specifications have been reviewed and conform with the applicable sections of the Uniform Building Code.
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Section § 17329
Whenever construction plans are drawn up, they must be overseen by an architect, civil engineer, or structural engineer. This person is responsible for signing the plans before they're approved by the authorities. The person who signed the plans should also oversee the construction process, unless the project doesn't involve architectural or structural work—in which case, another qualified engineer can handle it. If the original professional cannot oversee the construction, another similarly qualified architect or engineer must be hired.
All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all drawings and specifications that are to be approved by the enforcement agency. Observation of the work of construction shall be under the general responsible charge, as defined by Section 6703 of Chapter 7 of Division 3 of the Business and Professions Code, of the architect, civil engineer, or structural engineer who signed the drawings, except that drawings and specifications not involving architectural or structural conditions may be prepared and the construction work may be administered by a registered professional engineer qualified in the branch of engineering that is appropriate to the drawings, specifications, estimates, and construction work.
If the architect, civil engineer, or structural engineer is unable to exercise general responsible charge of construction another architect, civil engineer, or structural engineer shall be retained to exercise general responsible charge of construction.
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Section § 17330
If you're building a private school in California after July 1, 1987, you must make sure the building plans and designs follow certain rules and have the necessary approvals before starting construction, unless there's an exception mentioned in another section.
Except as provided in Section 17326, on or after July 1, 1987, construction of a private school structure shall not commence unless the structure’s drawings and specifications comply with the provisions of this article and the requirements prescribed by the enforcement agency, and approval of those drawings and specifications has been obtained from the enforcement agency.
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Section § 17331
If you're constructing or modifying a private school building, you need a qualified inspector for special inspections when required, according to the local enforcement agency. However, you don't need someone watching over the construction the whole time.
During construction or alteration of a private school structure, the building owner shall provide for, and the local enforcement agency shall require, special inspection by a qualified inspector when needed, as determined by the local enforcement agency. Continuous inspection is not required.
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Section § 17332
This law section says that a local agency can review building plans for private schools if they have a structural engineer who handles all the design reviews and keeps records as required by another regulation.
An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for a private school structure if the enforcement agency has a structural engineer, either on its staff or under contract, that is responsible for all design review conducted by the enforcement agency and the record prepared under Section 17328.
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Section § 17333
If a local enforcement agency in California isn't qualified according to earlier sections, it must hire qualified individuals or firms, either public or private, to do the job correctly.
A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 17331 and 17332 shall obtain necessary qualified personnel to meet the requirements of this article by contracting with other public agencies, private sector firms, or individuals qualified to perform the necessary services.
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Section § 17334
When a private school building is being constructed, the engineer responsible for the design (or their authorized rep) must regularly check the site to ensure everything matches the approved plans and any changes. They need to report on what they've observed to confirm that the work and materials used comply with the specifications. However, this doesn't mean the contractor is off the hook for their responsibilities. "Periodic review" means visiting the site enough to understand the project's progress and does not include overseeing safety or everyday construction details.
During the construction of a private school structure, the enforcement agency shall require the engineer of record responsible for the structural design, or that engineer’s authorized representative, to make periodic reviews of construction at the construction site to observe compliance with the approved structural plans, specifications, and change orders. The engineer of record in general responsible charge of the work of construction, and the registered professional engineer, shall make a report, duly verified by him or her through periodic review of construction, showing that the work done during the period covered by the report has been performed and that the materials used and installed are in accordance with the approved drawings and specifications. Any detailed statements of fact required by the enforcement agency shall be included. These observations and statements shall not be relied upon by others as acceptance of the work, nor shall they be construed to relieve the contractor in any way of his or her obligations and responsibilities under the construction contract.
“Periodic review of construction,” as used in this section and as applied to the architect, civil engineer, structural engineer, or the registered professional engineer, means the knowledge that is obtained from periodic visits of reasonable frequency to the project site for the purpose of general observation of the work. It also means the knowledge that is obtained from the reporting of others as to the progress of the work, testing of materials, inspection, and superintendence of the work that is performed between those periodic visits of the architect, civil engineer, or structural engineer, or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. “Periodic review of construction” does not include responsibility for superintendence of construction processes, site conditions, operations, equipment, personnel, or maintenance of a safe place to work or any safety in, on, or about the site of work.
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Section § 17335
Before a private school can officially open, the engineer who oversaw its construction must provide a written statement to confirm that the building closely follows the approved design plans.
Prior to the issuance of a Certificate of Occupancy, the engineer of record shall state in writing to the enforcement agency that, in exercising his or her reasonable professional judgment and to the best of his or her knowledge, information, and belief, the private school structure was constructed in substantial conformity with the approved plans and specifications.
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Section § 17336
If someone purposely breaks the rules of this specific chapter, they can be charged with a misdemeanor, which is a type of crime.
Any person who willfully violates this chapter is guilty of a misdemeanor.
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