Section: PROFESSIONAL SERVICES FOR CAMPUS DEVELOPMENT CONTENTS

Policy Number: 9203

Policy Title: Codes and Regulations

Policy Effective Date: (Rev 1.07)

Last Revision Date:
(see revision history)

POLICY OBJECTIVE

To administer public works contracts under the authority given the Trustees in the Public Contract Code including those sections, referred to as The California State University (CSU) Contract Law.

POLICY STATEMENT

9203 CODES AND REGULATIONS

Professional services undertaken on behalf of the CSU and its campuses shall be in compliance with a range of codes and regulations. Agreements with design professionals shall make these codes applicable to the design and development of the project. Codes and other regulatory requirements that are applicable to CSU projects include the following:

1. The California Building Code in Title 24 of the California Code of Regulations which includes the Uniform Building Code modified with California supplemental sections, Uniform Mechanical Code, Uniform Electrical Code, Uniform Fire Code, Energy Conservation Code, and Accessibility Standards, as adopted by the California Building Standards Commission. (Reference: Health & Safety, Code § 18944.5).
2. Public Contract Code, Sections 10700 et seq. (CSU Contract Law)
3. The California Code of Regulations, Title 8, (CAL/OSHA Standards)
4. The California Code of Regulations, Title 17 (Public Health)
5. The California Code of Regulations, Title 19 (Industrial Relations/ Public Safety)
6. The California Environmental Quality Act (CEQA)
7. Federal Environmental Protection Agency (EPA) requirements
8. Regional Water Quality Board requirements
9. Local county health department requirements (relative to plan review and approval of food service and aquatic facilities)

Note on Local Agency Reviews:
In most cases CSU projects are not subject to local city/county jurisdiction reviews, however the campus should endeavor to accommodate fire access features requested by the local responding fire department. In cases of public health and regional water boards, state oversight has been delegated to local departments for plan review and enforcement.

9203.01 REQUIRED PLAN REVIEWS AND CODE CERTIFICATIONS

The following specific plan review and approvals are required for all projects (state, non-state, new, remodel, renovation, alteration):
1. State Fire Marshal (SFM): All CSU projects are required to be approved by the California State Fire Marshal (Health & Safety Code § 13108(c)) (Health and Safety Code, Section 13143; Title 19, California Code of Regulations, Section 3.28(b).) Typically projects require a plan review and approval followed by periodic field inspections and concluding with issuance of a certificate of occupancy or, on renovation/repair works, a field issued notice of SFM acceptance. At their discretion, on small minor projects, SFM field inspectors may review and issue plan approvals on site in lieu of a submittal to the SFM central office in Monrovia, CA.

2. Access Compliance (ADA): As of July 1, 2006 DSA has elected to not renew the DSA/CSU Pilot Program for access compliance reviews.

With the expiration of this program, full DSA access compliance review fees now apply and our systemwide plan review firms are no longer allowed to coordinate submittals to DSA on our behalf.

Projects that require DSA access compliance approval:
All CSU construction, state and nonstate funded, including buildings, structures, sidewalks, curbs,and related facilities, intended for use by the public, with any reasonable availability to or usage by,persons with disabilities, constructed in whole or in part by the use of state funds requires access compliance review and certification by Department of General Services, State Architect, Access
Compliance Unit (DSA).

$25,000 cost threshold exemption does NOT apply to CSU projects

Previously it was understood that CSU work with a construction cost of $25,000 or less could be CSU-self-certified. DSA has informed us that that requirement applies only to Field Act facilities and thus not to CSU. DSA reminds us of the requirements of Gov Code 4454 that states:

‘where state funds are utilized… …no contract shall be awarded until the Department of General Services (DSA) has issued written approval stating that the plans and specifications comply with the intent of this chapter’. All CSU construction work that is not repair-related requires DSA approval.

Projects that CSU can self-certify for access compliance:

Repair, maintenance and re-roofing projects

Authority cited: 1995 WL 274917 Cal. A.G. Opinion No. 94-1109. State attorney general defines normal maintenance, re-roofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems not to be alterations (i.e. construction). Per GC 4450 such work thus is not subject to DSA review.

Projects not intended for use by the public:

This may include: Some faculty/staff housing projects

The determination of CBC Chapter 11B accessibility applicability is complex and project specific. Faculty/staff projects will likely have elements that trigger the requirement for DSA review and approval. Contact CPDC to discuss.

Any reasonable availability to or usage by, persons with disabilities:

Projects that have no reasonable availability to persons with disabilities are limited, but might include mechanical system installations/upgrades, roof-top solar arrays in non- public areas, utility tunnel changes, etc.

Most infrastructure projects however will likely have elements that trigger a requirement for DSA review and approval. For example below-grade utility line or street improvement work that removes/replaces curbs or walks affect paths of travel and will require access compliance review. Contact CPDC to discuss.

Access Compliance submittals to DSA

Submittals to DSA shall be made by the architect-of-record for the project directly to DSA. The campus shall coordinate payment by check for DSA access review fees to DSA. Initial DSA reviews may take 4 to 6 weeks. Plan accordingly. For small projects DSA currently accepts appointments for over-the-counter reviews.

Access Compliance submittals to CSU

Where applicable, the CSU building official or campus deputy building official provides the certification. The architect of record shall coordinate with the campus for submittal instructions in these cases.

Access compliance review by CSU systemwide plan check firms

Campuses may continue to authorize systemwide plan check firms to provide access compliance reviews recognizing that this does not substitute for DSA or campus deputy building official certification.

Although DSA review and approval is required in most situations, an access compliance review by CSU plan check firms performed concurrently, but separately, from the DSA review does provide a knowledgeable opinion of access compliance and may be useful for internal evaluation by Office of the Chancellor.

3. Building Code Plan Check: The CSU is responsible for the enforcement of building codes as approved by the California Building Commission. (Ref. Health and Safety Code Section 18901 - 18949.6 and California Building Code Section 101.17). (See also SUAM, Section 9232, Building Code Enforcement).

The designated campus deputy building official shall issue a written construction authorization for each project and maintain a record of all authorizations. The construction authorization shall be issued only after confirmation of all required approvals has been obtained.

The campus deputy building official may elect to review and certify code compliance directly through their own personal review of the construction documents or alternatively retain the services of one of several systemwide pre-qualified plan check firms to perform this review. It is important to note that a plan check firm provides only a recommendation of building code compliance. It remains the responsibility of the approving authority to certify (authorize) the project or work.
In case of conflicting determinations, State Fire Marshal determinations shall take precedence for fire life safety aspects, Department of State Architect determinations shall take precedence for access compliance aspects on projects that it is required to certify, and CSU building official determinations shall govern for all other issues.

4. Seismic Safety Structural Peer Review (SPR): Per trustees’ policy on seismic safety (RCPB&G 05- 93-13) all CSU projects require seismic peer review. A member of the CSU Seismic Review Board shall perform the seismic peer review. The trustees’ seismic policy allows the campus the discretion to self-certify minor capital projects for consistency with the seismic policy. The details of this review are
described within the seismic policy (available online).

In the event of disputes over interpretation of the trustees’ seismic safety policy, the full CSU Seismic Review Board shall make a final determination under the authority of the university building official.

5. Local Health Department Review: All CSU projects require certification by the local county health department of food service and aquatic elements.

Early consultation by the project architect/engineer with these review parties is strongly recommended. In the case of seismic peer review early consultation is required.

APPLICABILITY AND AREAS OF RESPONSIBILITY

REVISION HISTORY

RESOURCES AND REFERENCE MATERIALS

Useful Guidelines:

Related Principles:

Sound Business Practices:

Laws, State Codes, Regulations and Mandates:

COGNIZANT OFFICE(S)

CO Manager:

Nancy Freelander-Paice
Executive Program & Fiscal Manager, CPDC AVC Office
CSU Office of the Chancellor
nfreelander-paice@calstate.edu

Subject Expert: