California Assembly Bill AB1099 Latest Draft

 BILL NUMBER: AB 1099AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Fuller FEBRUARY 27, 2009 An act to amend  Section 17315   Sections 17309, 17315, 81141, and 81147  of the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST AB 1099, as amended, Fuller. School facilities: construction. Existing law, the Field Act, requires the Department of General Services under the police power of the state to supervise the design and construction of a school building , as defined,  or the reconstruction or alteration of, or addition to, a school building, if not exempted under specified law, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.  As the work of construction or alteration progresses and when the department requires, the licensed architect or structural engineer in charge of observing construction or registered engineer in charge of   observing other work, the inspector on the work, and the contractor are each required to submit reports, based on personal knowledge, as defined, to the department that the work and materials comply with the approved plans and specifications.  When the construction is completed, notice of completion is filed, specified reports are submitted to the department, and all required fees are paid, the department is required to issue a certification that the school building complies with the requirements of the Field Act. This bill  would eliminate the requirement that the contractor submit periodic reports to the department that the work and materials comply with the approved plans and specifications and would eliminate the requirement that notice of completion be filed before the department issues a certification that the school building complies with the Field Act   requirements. The bill also  would make technical, nonsubstantive changes to  the above provision regarding certification of completion   these provisions  . Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 17309 of the   Education Code   is amended to read:  17309.  From   (a)     From  time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of  observation of   observing  construction or registered engineer in charge of  observation of   observing  other work,  and  the inspector on the work,  and the contractor  shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth  such  detailed statements of fact as are required by the Department of General Services.  The   (b)     (1)    The  term "personal  knowledge"   knowledge,"  as used in this section and as applied to the architect  ,  and the registered engineer, means the personal knowledge  which   that  is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also  which   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 the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required.  The   (2)     The  term "personal  knowledge"   knowledge,"  as applied to the inspector  ,  means the actual personal knowledge  which   that  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 is responsible for inspection and, when work is carried out away from the site, that personal knowledge  which   that  is obtained from the reporting of others on 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.  The term "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 1.   SEC. 2.  Section 17315 of the Education Code is amended to read: 17315. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed  , the notice of completion is filed,  and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to, and on file with, the Department of General Services, and all required fees paid by the school district, the department shall issue a certification that the school building complies with the requirements of this article. This article does not prevent beneficial occupancy by a school district before this certification is issued. (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section  39151   17309 , have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of persons required to file the reports, the Department of General Services, upon written request of the school district, shall review all of the project records and make the examinations it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the school district to have made, reported, and verified any other tests and inspections that the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the school district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the school district. (d) This section shall not relieve an individual of his or her responsibility to file verified reports, as required in Section 17309, or other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 17312.  SEC. 3.   Section 81141 of the   Education Code   is amended to read:  81141.  From   (a)     From  time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of  observation of   observing  construction or registered engineer in charge of  observation of   observing  other work,  and  the inspector on the work  , and the contractor  shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth detailed statements of fact that are required by the Department of General Services.  "Personal   (b)     (1)     "Personal  knowledge," as used in this section and as applied to the architect and the registered engineer, means the personal knowledge that is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also 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 the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required.  "Personal   (2)     "Personal  knowledge," as applied to the inspector, means the actual personal knowledge that 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, personal knowledge that is obtained from the reporting of others on 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 that is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required.   SEC. 4.   Section 81147 of the   Education Code   is amended to read:  81147. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed  , the notice of completion is filed,  and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to and on file with the Department of General Services, and all required fees paid by the community college district, the department shall issue a certification that the school building complies with the requirements of this article.  Nothing in this article shall   This article does not  prevent beneficial occupancy by a community college district  prior to the issuance of   before  this certification  is issued  . (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section 81141, have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of  any  persons required to file  such   the  reports, the Department of General Services  shall , upon written request of the community college district,  shall  review all of the project records and make  such   the  examinations  as  it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the community college district to have made, reported, and verified any other tests and inspections  which   that  the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the community college district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the community college district. (d) This section shall not relieve  any   an  individual of his or her responsibility to file verified reports, as required in Section 81141, or  any  other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 81144.