16017-16022

HEALTH AND SAFETY CODE
SECTION 16017-16022




16017.  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.



16017.5.  (a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Title 15 (commencing with Section
3082) of Part 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) 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.



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) 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.



16018.  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.



16019.  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.




16020.  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.




16021.  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.



16022.  The State Architect shall do all of the following:
   (a) Observe the implementation and administration of this chapter.
   (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) Provide advice and assistance to local jurisdictions regarding
essential services buildings.
   (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.