Changes to Seismic Safety Law
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 3.||General Requirements and Administration||129750-129856|
|Article 4.||Special Requirements||129875-129905|
|Article 5.||Building Safety Board||129925-129960|
|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 : adds Sections 130062 and 130066 to the Health and Safety Code, relating to hospitals. Assembly Bill 2190 became law on January 1, 2019, and OSHPD is accepting seismic compliance extension applications until April 1, 2019.
Assembly Bill 2190 (Chapter 673, Statutes of 2018) requires all hospitals seeking extensions to the January 1, 2020 compliance deadline for Structural Performance Category 1 buildings to submit an application to OSHPD by April 1, 2019. The law requires OSHPD to grant an additional extension of time to a hospital that is subject to the January 1, 2020, deadline if certain conditions are met. The law authorizes the additional extension until July 1, 2022, if the compliance plan is based upon replacement or retrofit, or up to five years until January 1, 2025 if the compliance plan is for a rebuild.
NEW: See Emergency Regulations approved by the California Building Standards Commission on January 16, 2019.#
Hospitals can now apply for a seismic compliance extension under Assembly Bill 2190. One application is required for each seismically separate building.
Documents required for the application process for an extension under AB 2190, are:
- Letter describing the compliance method and the extension date being requested. See Sections (d)(4) and (e)(5) for limit dates. The length of the extension will be based upon a showing by the owner of the facts necessitating the additional time. Documentation of facts necessary in determining the maximum length of the extension shall be submitted with the application.
- 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.
- 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.
Assembly Bill 2190 Quarterly Reports#
Health and Safety Code Section 130061 (Assembly Bill 2190, Chapter 673, Statutes of 2018) , a hospital granted an extension pursuant to this section shall provide a quarterly status report to the office, with the first report due on July 1, 2019, and every October 1, January 1, April 1, and July 1 thereafter, until seismic compliance is achieved.
The reporting window for the next quarterly report, due on October 1, will open on September 15th.
Assembly Bill 2190 Report to the Legislature #
Health and Safety Code Section 130062 (Assembly Bill 2190, Chapter 673, Statutes of 2018) requires the Office of Statewide Health Planning and Development (OSHPD), before June 1, 2019, to provide the Legislature with an inventory of the Structural Performance Category (SPC) of each general acute care hospital building in California.
See the report submitted.
Assembly Bill 2190 Attestation#
130066. Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or standards described in Section 130065 shall submit to the office an attestation that the board of directors of that hospital is aware that the hospital building is required to meet the January 1, 2030, deadline for substantial compliance with those regulations and standards.
This applies to all acute care inpatient hospitals where buildings are rated SPC 1 or SPC 2; or where the NPC rating is less than 5. OSHPD will accept one letter, which identifies the building(s) that are not in substantial compliance, for each campus as meeting these requirements. If a healthcare system wants to submit one letter for all the hospitals for which they are the governing authority, they need to specify which hospitals and which building(s) at each hospital that are not in substantial compliance, the letter is intended to cover. OSHPD will duplicate and apply to each campus that is detailed in the letter.
There is no application to submit the attestation, just email the document to the Seismic Compliance Unit – include the facility name and number.
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:
- The structural integrity of the building.
- The loss of essential hospital services to the community if the hospital is closed.
- 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. These are published in the California Administrative Code, Chapter 6.
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.
The conditions applicants must meet for the 2020 extension are located in 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.
- Report #2 (report year 2011)
- Preliminary SB499 Hospitals Report Summary #2 (report year 2011)
- Report #3 (report year 2012)
- Preliminary SB499 Hospitals Report Summary #3 (report year 2012)
- Report #4 (report year 2013)
- Preliminary SB499 Hospitals Report Summary #4 (report year 2013)
- Report #5 (report year 2014)
- Preliminary SB499 Hospitals Report Summary #5 (report year 2014)
- Report #6 (report year 2015)
- Preliminary SB499 Hospitals Report Summary #6 (report year 2015)
- Report #7 (report year 2016)
- Preliminary SB499 Hospitals Report Summary #7 (report year 2016)
- Report #8 (report year 2017)
- Preliminary SB499 Hospitals Report Summary #8 (report year 2017)
- Report #9 (report year 2018)
- Preliminary SB499 Hospitals Report Summary #9 (report year 2018)
For questions or comments related to the SB499 reports, please eMail the Seismic Compliance Unit.
(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:
- For each building that is subject to subdivision (a) of Section 130060 that is planned for retrofit or replacement,the report shall identify:
- Whether the hospital owner intends to retrofit or replace the building to SPC-2, SPC-3, SPC-4, or SPC-5.
- 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.
- The project number or numbers for retrofit or replacement of each building.
- The projected construction start date or dates and projected construction completion date or dates.
- The most recent project status and approvals.
- The number of inpatient beds and patient days, by type of unit and type of service to be provided.
- For the building or buildings to be removed from acute care service, the following information shall be included:
- The projected date or dates the building will be removed from service.
- The planned uses of the building or buildings to be removed from acute care service.
- The inpatient services currently delivered in the building or buildings.
- The number of inpatient beds and patient days, by type of unit and type of service, for the years 2008, 2009, and 2010.
- 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.
- 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.
- 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.
- 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.
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:#
- April 15, 2007
- 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
- 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
- AB 78 (2019) – Amends Section 130062 of the Health and Safety Code
For questions or comments related to the legislative changes, please eMail the Seismic Compliance Unit.