BILL NUMBER: AB 2995 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Davis
FEBRUARY 22, 2008
An act to amend Sections 17311 and 81143 of the Education Code,
relating to education facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2995, as introduced, Davis. Education facilities: inspections.
(1) Existing law requires the Department of General Services to
supervise the design and construction of certain school buildings,
including specified community college facilities, to ensure that
plans and specifications comply with specified structural safety
standards and to ensure that the work of construction has been
performed in accordance with the approved plans and specifications,
for the protection of life and property. Existing law also requires
the department to pass upon and approve or reject all plans for the
construction of, and in some cases, the alteration of, any school
building subject to those provisions, and to make inspections of the
school buildings and work of construction or alteration that in its
judgment is necessary or proper for the enforcement of these
requirements and the protection of the safety of the students, the
instructors, and the public. These requirements are part of the body
of law known as the Field Act.
Existing provisions of the Field Act require school districts and
community college districts to provide for and require competent,
adequate, and continuous inspection during construction or alteration
by an inspector satisfactory to the architect or structural engineer
and the Department of General Services. These provisions also
require these inspectors to act under the direction of the architect
or structural engineer as the governing board of the school district
or community college district may direct and to be responsible to the
governing board.
This bill would amend the Field Act to instead require the
Department of General Services to provide for and require competent,
adequate, and continuous inspection during construction or
alteration. The bill would require the inspector to act under the
direction of, and to be responsible to, the Department of General
Services. The bill would require the school district or community
college district to reimburse the actual costs of performing the
inspection required under the bill to the Department of General
Services from its building funds. To the extent that this bill would
create new duties for school districts and community college
districts, it would constitute a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Inspectors of record serve as the eyes, ears, and voice of the
public on elementary and secondary school and community college
construction projects, and they help ensure that construction
standards are met, that projects meet seismic safety requirements,
and that the materials used will stand the test of time.
(b) Under current law, school districts and community college
districts are allowed to select and hire their own inspectors to
oversee district construction projects, creating an inherent conflict
of interest.
(c) This conflict of interest recently was the subject of media
stories in which inspectors of record revealed that they were
pressured by school districts and community college districts to
approve unsafe, deficient work and to cut corners and overlook
problems in order to continue to receive contracts to perform
inspections.
(d) Allowing school districts and community college districts to
hire their own inspectors threatens the health and safety of
students, teachers, parents, school employees, and other users of
education facilities.
(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 that public safety is protected.
(f) Placing the responsibility for hiring inspectors of record for
elementary and secondary school and community college construction
with the Department of General Services will help ensure public
safety, the cost-effective use of bond and tax revenues, and timely
project delivery.
SEC. 2. Section 17311 of the Education Code is amended to read:
17311. (a) The Department of General Services shall make
such the inspection of the school buildings and
of the work of construction or alteration as in its judgment is
necessary or proper for the enforcement of this article and the
protection of the safety of the pupils, the teachers, and the public.
The school district, city, city and county, or the
political subdivision within the jurisdiction of which any school
building is constructed or altered Department of
General Services shall provide for and require competent,
adequate, and continuous inspection during construction or alteration
by an inspector satisfactory to the architect or structural
engineer and the Department of General Services . The
inspector shall act under the direction of the governing
board and architect or structural engineer as the board may direct
Department of General Services . The inspector
shall be responsible to the governing board for employment purposes.
The inspector shall be responsible to the Department of General
Services for enforcement of the plans and specifications of the
school project. The school district shall reimburse the
actual costs of performing the inspection required under this
section to the Department of General Services from its building
funds.
(b) In order to ensure the competency and adequacy of the
inspectors required under this article, the Department of General
Services shall do all of the following:
(1) Revise the examination used to determine the competency of
those who provide inspections pursuant to this article. The revision
of the examination shall include techniques of inspection,
construction, plan reading, required submittal documents, and
knowledge of statutes and regulations that apply to school
construction. The revision of the examination shall be done not later
than 48 months after the last revision and not earlier than 36
months after the last revision.
(2) Provide training on an ongoing basis to all individuals who
provide the inspections required under this article. The training
shall be designed to ensure that all individuals who provide the
continuous inspection of school building construction or alteration
are sufficiently knowledgeable have sufficient
knowledge of the rules, regulations, and standards that apply
under this article.
(3) Require evaluation of the competency of those who provide
inspections pursuant to this article. After an initial evaluation
, a reevaluation shall occur not later than 48 months
after the last evaluation or reevaluation and not earlier than 36
months after the last evaluation or reevaluation. An evaluation or
reevaluation shall include passage of the examination used to
determine competence specified in paragraph (1) and attendance at
training specified in paragraph (2).
(c) The Department of General Services may require a fee from all
individuals applying for evaluation or reevaluation pursuant to
subdivision (b), and a fee for the examination administered in the
evaluation or reevaluation. The fees shall not be more than the
reasonable costs associated with the development and administration
of the examination and the training.
SEC. 3. Section 81143 of the Education Code is amended to read:
81143. The State Department of General
Services shall make such the inspection
of the school buildings and of the work of construction or
alteration as in its judgment is necessary or proper for the
enforcement of this article and the protection of the safety of the
students, the instructors, and the public. The community
college district, city, city and county, or the political subdivision
within the jurisdiction of which any school building is constructed
or altered Department of General Services shall
provide for and require competent, adequate, and continuous
inspection during construction or alteration by an inspector
satisfactory to the architect or structural engineer and the
Department of General Services . The inspector shall act
under the direction of the architect or structural engineer
as the board may direct , and be responsible to
the governing board , the Department of General
Services. The inspector shall be responsible to the Department of
General Services for the purposes of his or her employment. The
community college district shall reimburse the actual costs of
performing the inspection required under this section to
the Department of General Services from its building funds .
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.