Section § 16017

Explanation

When constructing or altering an essential services building, it's the building owner's job to ensure there is a thorough inspection by a qualified inspector. The local enforcement agency will also require this. Inspectors need to have the right skills and experience, and they must be certified by specific building organizations like the International Conference of Building Officials. Architects and engineers who design these buildings can also act as inspectors for the construction.

During construction or alteration of an essential services building, the building owner shall provide for, and the local enforcement agency shall require, competent, adequate, and detailed inspection by a qualified inspector. To be qualified, inspectors shall have an adequate level of expertise and experience in the subject matter for which they have responsibilities for inspection as prescribed by this section. Qualification shall include current certification by the International Conference of Building Officials; or qualifications as an inspector meeting the requirements of subdivision (a) of Section 305 and subdivision (b) of Section 306 of, the 1982 Edition of the Uniform Building Code. Additionally, the architect, civil engineer, or structural engineer responsible for designing the essential services facility is qualified to inspect construction of the facility.

Section § 16017.5

Explanation

This law allows the Department of General Services to halt construction work on essential services facilities if the work doesn't follow existing laws and could compromise the building's safety, potentially endangering the public. However, minor nonstructural work can continue without interruption. If a stop work order is issued, the responsible public entity won't be held liable for stopping the project or any delays caused by compliance unless the stop order was due to their mistake or oversight.

(a)CA Health & Safety Code § 16017.5(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Part 6 (commencing with Section 8000) of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on an essential services facility is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority.
(b)CA Health & Safety Code § 16017.5(b) A public board, body, or officer whose construction work on an essential services facility is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is the basis for the issuance of the stop work order.

Section § 16018

Explanation

This law section states that a government agency is allowed to review building plans for essential services buildings if it has an architect, civil engineer, or structural engineer in its staff or hired as a contractor. This person must oversee all the design reviews and the documentation process.

An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for essential services buildings if the enforcement agency has an architect, civil engineer, or structural engineer on its staff or under contract who is responsible for all design review conducted by the enforcement agency and the record prepared under Section 16013.

Section § 16019

Explanation

If a jurisdiction's enforcement agency isn't qualified under certain rules, it must hire qualified personnel from other public agencies, private companies, or individuals to meet the necessary standards.

A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 16017 and 16018 shall obtain necessary qualified personnel to meet the requirements of this chapter by contracting with other public agencies, private sector firms, or individuals qualified to perform the necessary services.

Section § 16020

Explanation

This law requires architects and engineers responsible for construction or alteration projects to periodically verify and report on the progress of work and the materials used. These reports need to confirm that everything aligns with the approved plans and specifications. They must conduct regular site visits and gather information, but they aren't responsible for overseeing safety or construction processes. Their main role is to observe and report based on periodic inspections.

Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the architect, civil engineer, or structural engineer in general responsible charge of the work of construction, and the registered engineer shall make a report, duly verified by him or her through periodic review of construction, showing that the work 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, setting forth any detailed statements of fact required by the enforcement agency.
“Periodic review of construction,” as used in this section and as applied to the architect, civil engineer, or structural engineer and the registered engineer, means the knowledge which is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also which 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. The term “periodic review of construction” does not include responsibility for superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.

Section § 16021

Explanation

This law section mandates that during construction or alteration projects, both the inspector and the contractor must periodically verify and report that the work done and materials used comply with approved plans and specifications. Their reports should be based on their own personal knowledge and understanding, acquired by actively overseeing the work and materials. Inspectors need to assess the project by continuously inspecting at the construction site and receiving reports from tests conducted elsewhere. Both parties must use reasonable diligence to gather all necessary facts.

Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the inspector on the work and the contractor shall each make a report, duly verified by him or her, showing in his or her own personal knowledge, that the work 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, setting forth any detailed statements of fact required by the enforcement agency.
“Personal knowledge” as applied to the inspector, means the actual personal knowledge which is obtained from his or her personal continuous inspection of the work of construction in all stages of its progress at the site where he or she is responsible for inspection and when work is carried out away from the site, that personal knowledge which is obtained from the reporting of others of the testing or inspection of materials and workmanship for compliance with plans, specifications, or applicable standards. The exercise of reasonable diligence to obtain the facts is required.
“Personal knowledge,” as applied to the contractor, means the personal knowledge which is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required.

Section § 16022

Explanation

The State Architect is responsible for several tasks including supervising how the chapter is implemented, creating necessary regulations with input from various associations, advising local governments on buildings essential for services, and handling appeals concerning the chapter's administration.

The State Architect can also set up an advisory committee for help and must keep the Seismic Safety Commission and the State Fire Marshal updated about the chapter's progress.

The State Architect shall do all of the following:
(a)CA Health & Safety Code § 16022(a)  Observe the implementation and administration of this chapter.
(b)CA Health & Safety Code § 16022(b)  Establish and adopt, in consultation with the League of Cities, County Supervisors Association, and California Building Officials, those regulations deemed necessary for carrying out this chapter.
(c)CA Health & Safety Code § 16022(c)  Provide advice and assistance to local jurisdictions regarding essential services buildings.
(d)CA Health & Safety Code § 16022(d)  Hear appeals relative to the administration of this chapter.
The State Architect may establish an advisory committee to assist the State Architect with his or her responsibilities under this chapter. The State Architect shall periodically inform the Seismic Safety Commission and the State Fire Marshal with respect to the implementation and the administration of this chapter.

Section § 16022.5

Explanation

After a state-owned or state-occupied essential services building is built, the State Fire Marshal can perform regular inspections to ensure they meet fire and panic safety standards.

Following completion of construction of a state-owned or state-occupied essential services building, the State Fire Marshal may conduct regular inspections of those buildings for compliance with building standards relating to fire and panic safety.