BILL NUMBER: AB 2966 AMENDED
AMENDED IN ASSEMBLY MARCH 12, 2008
INTRODUCED BY Assembly
Members De La
Torre and Lieber
FEBRUARY 22, 2008
An act to amend Section 129825 of the Health and Safety Code,
relating to hospitals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2966, as amended, De La Torre Lieber.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, requires the hospital governing board or
authority to provide for and require competent and adequate
inspection during construction or alteration by an inspector
satisfactory to the architect or structural engineer, or both, and
the Office of Statewide Health Planning and Development. Existing law
requires, except under specified circumstances, the inspector to act
under the direction of the architect or structural engineer, or
both, and be responsible to the governing board or authority.
This bill would, instead, require the office to provide for and
require competent and adequate inspection during construction or
alteration by an inspector approved under specified provisions. This
bill would require the inspector to act under the direction of, and
be responsible to, the office, except as prescribed.
This bill would provide that the office shall be reimbursed for
the actual cost of performing the inspection required under these
provisions from the building funds of the hospital governing board or
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
(a) Inspectors of record serve as the eyes, ears, and voice of the
public on hospital construction projects and help ensure that
construction standards are met, projects meet seismic safety
requirements, and materials used in the project will stand the test
(b) Under current law, hospital governing boards and authorities
are allowed to select and hire their own inspectors to oversee
construction projects, creating an inherent conflict of interest.
(c) This conflict of interest was recently the subject of
media stories in which discussed in the media,
whereby inspectors of record revealed that they were
pressured by hospitals hospital
administrators to approve unsafe and deficient work
and construction, to cut corners and
, and to overlook problems in order to continue
to receive work from be hired by
(d) Allowing hospital governing boards and authorities to hire
their own inspectors threatens the health and safety of patients,
nurses, doctors, staff, and other persons who use
enter, use, and work in hospitals.
(e) Placing the authority to hire inspectors with the State of
California will eliminate the conflict of interest and allow
inspectors to focus on ensuring that construction
standards are met and public safety is protected.
(f) Placing the responsibility for hiring inspectors of record for
hospital construction or alteration with the Office of Statewide
Health Planning and Development will help ensure public safety,
cost-effective use of bond and tax revenues, and timely project
SEC. 2. Section 129825 of the Health and Safety Code is amended to
129825. (a) The office shall provide for and require competent
and adequate inspection during construction or alteration by an
inspector approved under subdivision (d). Except as otherwise
provided in subdivision (b), the inspector shall act under the
direction of, and be responsible to, the office. Nothing in this
section shall be construed to prohibit any licensed architect,
structural engineer, mechanical engineer, electrical engineer, or any
facility maintenance personnel, if approved by the office, from
performing the duties of an inspector. The inspector shall be
responsible to the office for employment purposes. The office shall
be reimbursed for the actual costs of performing the inspection
required under this section from the building funds of the hospital
governing board or authority.
(b) If alterations or repairs are to be conducted under the
supervision of a professional engineer pursuant to Section 129805,
the inspector need only be satisfactory to the office and to the
professional engineer, and the inspector shall act under the
direction of the professional engineer.
(c) The office shall make an inspection of the hospital buildings
and of the work of construction or alteration as in its judgment is
necessary or proper for the enforcement of this chapter and the
protection of the safety of the public.
Whenever the office finds a violation of this chapter that
requires correction, the citation of the violation shall be issued to
the hospital governing board or authority in writing and shall
include a proper reference to the regulation or statute being
(d) The office shall approve inspectors that shall be limited to
(1) "A" inspectors, who may inspect all areas of construction
specialty, including, but not limited to, structural.
(2) "B" inspectors, who may inspect all areas of construction
specialty, except structural.
(3) "C" inspectors, who may inspect one or more areas of
construction specialty, including structural, but may not inspect the
scope of construction specialties authorized for "A" or "B"
(e) (1) As part of its approval process, the office shall
initially and periodically examine inspectors by giving either a
written examination or a written and oral examination. The office may
charge a fee for the examination process calculated to cover its
costs. Inspectors who have not passed a written examination shall not
be approved by the office until they have successfully passed the
written examination. No employee of the office performing field
inspections or supervising the field inspections shall be approved as
an inspector on any construction project pursuant to this chapter
for a period of one year after leaving employment of the office.
(2) The office shall develop regulations for the testing and
approval of inspectors.