SECTIONS 17320-17336 - California Statutes

EDUCATION CODE

SECTION 17320-17336

17320. This article shall be known and may be cited as the Private
Schools Building Safety Act of 1986.

17321. The Legislature finds and declares all of the following:
(a) Most of California is subject to potentially devastating,
large-magnitude earthquakes.
(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) 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) Modifications of building design, plan checking, and
inspection procedures can offer increased protection to private
school students.

17322. 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) 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) 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) Procedures for the design and construction of private school
structures to be subjected to qualified design review and
construction inspection.
(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.

17323. For the purposes of this article:
(a) "Construction or alteration" means any construction of,
addition to, reconstruction of, or structural alteration to any
private school structure.
(b) "Enforcement agency" means the agency of a city, city and
county, or county responsible for building safety within its
jurisdiction.
(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) "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) "Engineer of record" means the architect, if no structural
engineer or civil engineer has been retained for the structural
design.
(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) "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) "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.

17324. 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.

17325. 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.

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) The provisions of this section are not applicable to private
school construction or alteration contracts entered into prior to
July 1, 1987.

17327. 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.

17328. 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.

17329. 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.

17330. 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.

17331. 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.

17332. 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.

17333. 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.

17334. 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.

17335. 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.

17336. Any person who willfully violates this chapter is guilty of
a misdemeanor.