SECTIONS 14950-14964 - California Statutes

GOVERNMENT CODE

SECTION 14950-14964

14950. There is in the Department of General Services a State
Architect who shall report directly to the director. He or she shall
be appointed by the Governor with the approval of the Senate for a
term of four years commencing with January 15 next following the
general election at which a Governor is elected, and he or she shall
hold office until appointment and qualification of his or her
successor or until 150 days shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs; but he or she may be dismissed by the Governor, with or
without cause, at any time. The Governor may fill any vacancy in the
Office of State Architect for the unexpired portion of the term, but
the appointment shall be subject to approval of the Senate at the
next regular session of the Legislature.
No person shall be eligible for the Office of State Architect who
has not, for a period of five years next preceding his or her
appointment, held a certificate to practice architecture in
California issued by the California State Board of Architectural
Examiners.
The State Architect shall not engage in the private practice of
architecture or in a managing capacity in any private business or
enterprise. The salary of the State Architect shall be as provided by
Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of
Division 3 of Title 2 of the Government Code.

14951. The Department of General Services shall succeed to the
powers, duties, and functions with respect to architectural services
previously vested in the Division of Architecture or the State
Architect of the Department of Public Works.
The State Architect has general charge, under the Department of
General Services, of the erection of all state buildings and shall
have an inspector assigned to each building during its construction.
It shall be the policy of the state that one of the prime
considerations in the design of state buildings shall be the
conservation of energy resources needed to heat, cool, and light
these buildings; along with usefulness, environmental quality,
aesthetic effect, and all matters relating to fire protection and
fire safety.
In determining the requirements necessary to comply with this
policy, the owning and operating costs for the anticipated life of
the building shall be used rather than initial cost only.

14952. The department shall contract with qualified architects and
engineers for the performance of work when it is determined by the
Director of General Services, with the approval of the Director of
Finance, that the obtainable staff is unable to perform the
particular work within the time the public interest requires such
work to be done.

14953. The cost of all architectural services performed by the
department for a state agency, which is supported otherwise than by
appropriations from the General Fund, except the Veterans' Home,
shall be determined by the Director of General Services, and paid
from appropriations available for the support of the state agency.
All payments for services shall be deposited in the treasury to the
credit and in augmentation of the current appropriation for the
support of the department.

14954. The department may employ such assistance as may be
necessary for the proper discharge of its duties, and may purchase or
rent any necessary supplies, instruments, tools, equipment, and
conveniences.

14955. Where work to be performed, excluding regular maintenance
work, which would otherwise be subject to the State Contract Act
(Chapter 1 (commencing with Section 10100) of Division 2 of the
Public Contract Code), does not lend itself to the preparation of
plans and specifications to enable bids to be taken on a lump-sum or
unit basis, and the director so finds, the department may perform the
work by the use of rented tools or equipment, either with operators
furnished or unoperated. Contracts for the work may include provision
for equipment rental and in addition the furnishing of labor and
materials necessary to accomplish the work. The contracts shall not
be subject to the State Contract Act, but shall be subject to all of
the provisions of Article 2 (commencing with Section 1770) of Chapter
1 of Part 7 of Division 2 of the Labor Code.
Whenever the total consideration of such a contract exceeds two
thousand five hundred dollars ($2,500), it shall be awarded to the
lowest responsible bidder, after competitive bidding on such
reasonable notice as the department may prescribe, except in cases of
emergency rental of tools or equipment as hereinafter provided.
Posting of notice for five days in a public place in the Sacramento
and Los Angeles offices of the Office of Architecture and
Construction of the department is sufficient. Those contracts
involving a consideration in excess of two thousand five hundred
dollars ($2,500) shall be accompanied by labor and material bonds.
The department may require faithful performance bonds when considered
necessary. The notice for each contract shall state whether or not a
bond shall be required. Where a faithful performance bond is
required, labor and material bonds shall be required.
In cases of emergency work necessitated by the imminence or
occurrence of a landslide, flood, storm damage, accident, or other
casualty, tools or equipment may be rented for a period of not to
exceed 10 days without competitive bidding.

14956. This chapter, insofar as it vests in the State Architect
general charge of the erection of all state buildings and require him
or her to have an inspector assigned to each building during its
construction, does not apply to the construction of any public works
which is under the jurisdiction of the Department of Water Resources,
the Department of Boating and Waterways pursuant to Article 2.5
(commencing with Section 65) of Chapter 2 of Division 1 of the
Harbors and Navigation Code, or the Department of Transportation.

14957. (a) The Division of Architecture Revolving Fund in the State
Treasury is continued in existence and is retitled the Architecture
Revolving Fund. With the approval of the Department of Finance, and
except as otherwise specified in this section, there shall be
transferred to, or deposited in, the fund all money appropriated,
contributed, or made available from any source, including sources
other than state appropriations, for expenditure on work within the
powers and duties of the Department of General Services with respect
to the construction, alteration, repair, and improvement of state
buildings, including, but not limited to, services, new construction,
major construction and equipment, minor construction, maintenance,
improvements, and equipment, and other building and improvement
projects, as authorized by the state agency for which an
appropriation is made or, as to funds from sources other than state
appropriations, as may be authorized by written agreement between the
contributor or contributors of funds and the Department of General
Services, when approved by the Department of Finance.
(b) Money from state sources transferred to, or deposited in, the
fund for major construction shall be limited to the amount necessary
based on receipt of competitive bids. Money transferred for this
purpose shall be upon approval of the Department of Finance. Any
amount available, in the state appropriation, which is in excess of
the amount necessary based on receipt of competitive bids, shall be
immediately transferred to the credit of the fund from which the
appropriation was made.
(c) Money in the fund also may be used, upon approval of the
Department of Finance, to finance the cost of any construction
projects within the powers and duties of the Department of General
Services for which the federal government will contribute a partial
cost thereof, provided, written evidence has been received from a
federal agency that money has been appropriated by Congress and the
federal government will pay to the state the amount specified upon
the completion of construction of the project. The Director of
General Services may approve plans, specifications and estimates of
cost, and advertise for and receive bids on projects in anticipation
of the receipt of written evidence from a federal agency.
(d) Money so transferred or deposited is available for expenditure
by the Department of General Services for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years.
Notwithstanding Section 13340, special fund moneys in the Division
of Architecture Revolving Fund, are continuously appropriated to the
Department of General Services for these purposes.

14958. The Department of General Services shall file against the
Architecture Revolving Fund all claims covering expenditures incurred
in connection with services, new construction, major construction
and equipment, minor construction, maintenance, improvements, and
equipment, and other building and improvement projects, and the State
Controller shall draw his warrant therefor against that fund.

14959. The Department of General Services shall keep a record of
all expenditures chargeable against each specific portion of the
revolving fund, and any unencumbered balance in any portion of the
fund, either within three months after completion of the project for
which the portion was transferred or within three years from the time
the portion was transferred or deposited therein, whichever is the
earlier, shall be withdrawn from the revolving fund and transferred
to the credit of the fund from which the appropriation was made or,
as to funds from other than state appropriations, be paid out or
refunded as provided in the agreement relating to the contributions;
provided, that on approval of the Department of Finance the time of
the withdrawal may be extended.
For the purpose of this section an estimate, prepared by the
Department of General Services upon receipt of bids, of the amount
required for supervision, engineering, and other items, if any,
necessary for the completion of a project on which a construction
contract has been awarded shall be deemed a valid encumbrance and be
included with any other valid encumbrances in determining the amount
of an unencumbered balance.

14960. Without at the time furnishing vouchers and itemized
statements, the Department of General Services may withdraw from the
Architecture Revolving Fund not to exceed at any one time the sum of
five hundred thousand dollars ($500,000). The sums withdrawn under
this section shall be used as a revolving fund where payments of
compensation earned or cash advances are necessary with respect to
the construction, alteration, repair, or improvement of state
buildings.

14961. The Director of General Services may authorize the refund of
moneys received or collected by the department in payment of fees,
licenses, permits, or for rentals, property or services, wherein the
license, permit, rental, property or service cannot lawfully be
issued, furnished, or transferred to the person making the payment,
or in cases where the payment in whole or in part represents
overpayment or payment in duplicate.

14963. The duties and functions formerly conducted by the State
Fire Marshal that relate to construction, school, plan checking, and
construction inspection are hereby transferred to the Office of the
State Architect.

14964. (a) The duties and functions formerly conducted by the
Office of the State Architect and the State Fire Marshal that relate
to hospital plan checking and construction inspection are hereby
transferred to the Office of Statewide Health Planning and
Development. These duties include, but are not limited to, those
specified in Division 12.5 (commencing with Section 16000) and
Chapter 1 (commencing with Section 129675) of Part 7 of Division 107
of the Health and Safety Code.
(b) The qualifications for the personnel reviewing fire and life
safety aspects of schools and hospitals within the Office of the
State Architect and the Office of Statewide Health Planning and
Development shall be the same as those qualifications required of
personnel formerly reviewing fire and life safety aspects of those
facilities within the Office of the State Fire Marshal. It shall
continue to be the responsibility of the State Fire Marshal to
provide a high level of ongoing professional development and training
for the personnel reviewing fire and life safety aspects of schools
and hospitals within the Office of the State Architect and the Office
of Statewide Health Planning and Development.
(c) The qualifications for the personnel reviewing and inspecting
structural safety aspects of hospitals at the Office of Statewide
Health Planning and Development shall be the same as those
qualifications required of personnel formerly reviewing and
inspecting structural safety aspects of hospitals at the Office of
the State Architect.