Alfred E Alquist Hospital Facilities Seismic Safety

California HEALTH AND SAFETY CODE

Division 107 – STATEWIDE HEALTH PLANNING AND DEVELOPMENT
Part 7 – FACILITIES DESIGN REVIEW AND CONSTRUCTION
Chapter 1 – Health Facilities
Article 1. General Provisions 129675-129680
Article 2. Definitions 129700-129745
Article 3. General Requirements and Administration 129750-129856
Article 4. Special Requirements 129875-129905
Article 5. Building Safety Board 129925-129960
Article 6. Enforcement 129975-129990
Article 7. Penalties 129998
Article 8. New State Responsibilities For Seismic Safety in Hospitals 130000-130025
Article 9. Hospital Owner Responsibilities 130050-130070

Assembly Bill 2190 (AB 2190 Extension)

Assembly Bill 2190 (Chapter 273, Statutes of 2018): adds Sections 130062 and 130066 to the Health and Safety Code, relating to hospitals.

Assembly Bill 2190  would require all hospitals with buildings subject to the January 1, 2020, deadline (for SPC-1 Buildings) and that are seeking an extension for their buildings to submit an application to the Office of Statewide Health Planning and Development by April 1, 2019, that specifies the seismic compliance method each building will use, as specified. The bill would require the office to grant an additional extension of time to an owner who is subject to the January 1, 2020, deadline if specified conditions are met. The bill would authorize the additional extension to be until July 1, 2022, if the compliance plan is based upon replacement or retrofit, as defined, or up to 5 years if the compliance plan is for a rebuild, as defined. The bill would require the office, before June 1, 2019, to provide the Legislature with a specified inventory of the hospital buildings. The bill would authorize the office to promulgate emergency regulations as necessary to implement these provisions.

Assembly Bill 2190  does not become effective until  January 1, 2019.  OSHPD cannot accept applications for extensions for this bill until January 1, 2019.

Detailed instructions for the application process will be posted here closer to the effective date for the bill.  Documents required for the application process are:

  1.  Letter describing the compliance method and the extension date being requested. See Sections (d)(4) and (e)(5) for limit dates.
  2. An extension schedule detailing dates for submission of plans for review, submission of a construction schedule, obtaining a building permit, beginning of construction and completion of construction. See Sections (d)(1) and (e)(1) for limit dates.
  3. A construction schedule, where available, with construction milestones (such as completion of composite wall retrofit, completion of foundation work, completion of steel erection etc.).  Two of such milestones will be identified as major milestones as the basis for determining whether the hospital is making adequate progress towards meeting the seismic compliance deadline (See Sections (d)(2), (e)(2) and (e)(4)).  The construction schedule is required where construction has already started.

Other information required to complete the application process are: the facility number in which the hospital  building for which the extension is being requested is located, the OSHPD building number and name, the PIN number of the applicant facility and the construction project number (where the project has already been submitted). See the Facility Detail page to determine the facility and building numbers.

Senate Bill 90 (SB 90)

Senate Bill 90 (SB 90) (Chapter 19, Statutes of 2011): Amends Section 130060 of the Health and Safety Code.

On Friday, June 22, 2012, the Centers for Medicare and Medicaid Services approved the Hospital Quality Assurance Fee (HQAF) Program authorized by Senate Bill (SB) 335, (Chapter 286, Statutes of 2011). Federal approval of the HQAF Program enacts the seismic provision in Health and Safety Code 130060 as amended by SB 90 (Chapter 19, Statutes of 2011).

SB 90 allows a hospital to seek an extension for seismic compliance for its SPC-1 buildings up to seven years based on three elements:

  1. The structural integrity of the building.
  2. The loss of essential hospital services to the community if the hospital is closed.
  3. Financial hardship.

OSHPD submitted proposed regulations to the Building Standards Commission (BSC) to implement the provisions of SB 90 as Emergency Regulations. The regulations have been approved by the BSC and are enforceable. FDD will now begin the process of reviewing the SB 90 seismic extension applications that it has received from hospitals.

SB90 Resources

2020 Seismic Safety Extension (SB 306 Extension)

The 2020 Seismic Safety Extension allows city or county hospitals or hospitals that meet strict financial hardship criteria to receive a seven year extension from the 2013 seismic safety deadlines and instead require the hospitals to replace those buildings by 2020.

The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (California Health & Safety Code § 129675, et seq.), establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. In 2007, Senate Bill 306 added Health & Safety Code §130061.5, which authorizes qualified hospital owners, including city or county hospitals or hospitals that meet strict financial hardship criteria, to receive a seven year extension from the 2013 seismic safety deadline and instead require the hospitals to replace those buildings by January 1, 2020.

Health & Safety Code §130061.5 specifies several different requirements that must be met for a hospital to receive relief from the retrofit or rebuilding deadlines of 2008 and 2013. 

See the conditions applicants must meet for the 2020 extension under the provisions of Health and Safety Code §130061.5

Senate Bill 499 (SB 499)

Senate Bill 499 (SB 499) (Chapter 601, Statutes of 2009): Amends Sections 130060 & 130061 and added Section 130022 to the Health and Safety Code.

Senate Bill 499 required all general acute care hospitals that have Structural Performance Category 1 (SPC-1) buildings to report to the Office of Statewide Health Planning and Development by November 1, 2010, and annually thereafter, on the status of their compliance with the seismic safety deadlines. This information is necessary to measure the level of seismic safety compliance being achieved by California′s hospitals. The ultimate goal being that Californians will have safer hospital buildings without jeopardizing their access to health care.

Per SB 499 Health and Safety Code Section 130061:

(c) An owner of a general acute care hospital building that is classified as a nonconforming Structural Performance Category-1 (SPC-1) building, shall submit a report to the office no later than November 1, 2010, describing the status of each building in complying with the requirements of Section 130060, and annually thereafter shall update the office with any changes or adjustments. The report shall identify at least all of the following:

  1. For each building that is subject to subdivision (a) of Section 130060 that is planned for retrofit or replacement,the report shall identify:
    1. Whether the hospital owner intends to retrofit or replace the building to SPC-2, SPC-3, SPC-4, or SPC-5.
    2. The deadline, as described in Section 130060 or 130061.5, for retrofit or replacement of the building that the hospital owner intends to meet, and the applicable extension for which the hospital owner has been approved.
    3. The project number or numbers for retrofit or replacement of each building.
    4. The projected construction start date or dates and projected construction completion date or dates.
    5. The most recent project status and approvals.
    6. The number of inpatient beds and patient days, by type of unit and type of service to be provided.
  2. For the building or buildings to be removed from acute care service, the following information shall be included:
    1. The projected date or dates the building will be removed from service.
    2. The planned uses of the building or buildings to be removed from acute care service.
    3. The inpatient services currently delivered in the building or buildings.
    4. The number of inpatient beds and patient days, by type of unit and type of service, for the years 2008, 2009, and 2010.
    5. Whether the general acute care services and beds will be relocated to a new or retrofitted building and any corresponding building sites or project numbers.
  3. Each hospital owner shall also report, for each facility for which any buildings will be removed from acute care service, any net change in the number of inpatient beds, by type of unit and type of service, taking into account beds provided in buildings to be taken out of service, beds provided in buildings to be retrofitted or replaced, and beds provided in any other buildings used for general acute care inpatient services by the facility.
  4. Each hospital owner shall report any general acute care hospital inpatient service that is provided in any general acute care hospital building that is rated SPC-1.
  5. Each hospital owner shall report the final configuration of all buildings on its campus showing how each building will comply with the SPC-5/NPC-4 or 5 requirements, whether by retrofit or by replacement, and the type of services that will be provided in each general acute care hospital building.

(e) The office shall make the information required by Subdivision (c) available on its Internet web site within 90 days of receipt of this information. The office shall include the hospital name, hospital owners, and location of the buildings included in the report, and, to the extent possible, for service areas containing buildings for which hospital owners report information pursuant to subdivision (c), include information on the number of inpatient beds, by type of unit and type of service, provided by facilities operating buildings that are classified as SPC-2, SPC-3, SPC-4, and SPC-5.

Office of Statewide Health Planning and Development (OSHPD) SB499 ESP Application

Senate Bill 1661 (SB 1661)

Senate Bill 1661 (SB 1661) (Chapter 679, Statutes of 2006): Amends Section 130060 & 130061 of the Health and Safety Code.

Senate Bill 1661 required all general acute care hospitals that have SPC-1 buildings to report to the Office of Statewide Health Planning and Development by June 30, 2009, on the status of their compliance with the seismic safety deadlines.  This information is necessary for the legislature to understand the level of compliance being achieved by California’s hospitals, the potential impact to Californian’s access to health care and whether a need exists to address the issues, if any, with a statewide policy solution. The ultimate goal being that Californian’s will have safer hospital buildings without jeopardizing their access to health care.

Per SB 1661 Health and Safety Code Section 130061 – Two reports were submitted:

  1. April 15, 2007
  2. June 30, 2009 

These reports are superseded by subsequent SB 499 reports.   They have been archived and are available on request. 

Other Legislative Changes

  • SB 1801 (2000) – Amends Section 130060 of the Health and Safety Code
  • SB 2006 (2000) – Adds Section 130063 to the Health and Safety Code
  • AB 2194 (2000) – Adds Section 1276.05 to the Health and Safety Code
  • SB 1661 (2006) – Amends Section 130060 & 130061 of the Health and Safety Code
  • SB 306 (2007) – Amends Section 129765 of, & adds Section 130061.5 to, the Health and Safety Code
  • SB 499 (2009) – Amends Sections 130060 and 130061 of, and repeals Section 130022 of, the Health and Safety Code
  • SB 608 (2010) – Adds Section 130064 to the Health and Safety Code
  • SB 90 (2011) – Amends Section 130060 of the Health and Safety Code
  • AB 2557 (2014) – Amends Section 130060 of the Health and Safety Code
  • AB 81 (2015) – Amends Section 130060 of the Health and Safety Code
  • AB 232 (2015) – Amends Section 130060 of the Health and Safety Code
  • AB 908 (2017) – Amends Section 130060 of the Health and Safety Code

For questions or comments related to the legislative changes, please eMail the Seismic Compliance Unit.