2005 California Health and Safety Code Sections 130050-130070 Article 9. Hospital Owner Responsibilities

130050.  (a) Within three years after the adoption of the standards
described in Section 130020, owners of all general acute care
hospitals shall:
   (1) Conduct seismic evaluations in accordance with procedures
developed by the office pursuant to subdivision (e) of Section 130005
and submit evaluations to the office for its review and approval.
   (2) Identify the most critical nonstructural systems that
represent the greatest risk of failure during an earthquake and
submit the timetables for upgrading those systems pursuant to
subdivision (f) of Section 130005 to the office for its review and
approval.
   (3) With respect to the nonstructural performance evaluation
required by this subdivision, the evaluation need not exceed those
required by the nonstructural performance category the hospital owner
has elected.  Additional evaluations shall be obtained if the
hospital owner elects to obtain a higher nonstructural performance
category at a future date.  A hospital owner shall report to the
office all deficiencies that are pertinent to the nonstructural
performance category the hospital owner has elected to attain.  A
complete nonstructural evaluation and list of nonstructural
deficiencies shall be submitted to the office prior to the hospital
owner selling or leasing the hospital to another party.
   (b) Within three years after the adoption of standards described
in Section 130020, owners of all general acute care hospitals shall
prepare a plan and compliance schedule for each building under the
office's jurisdiction that indicates the steps by which the hospital
intends to bring their hospital buildings into substantial compliance
with the regulations and standards developed by the office pursuant
to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and
this act, identifies the phasing out of or retrofit of noncomplying
structures and systems, or outlines steps for relocation of acute
care services to facilities that comply with the regulations and
standards developed by the office pursuant to the Alfred E. Alquist
Hospital Facilities Seismic Safety Act and this act, and presents
comprehensive plans and compliance schedules to the office for its
review and approval, and integrates this schedule into the facility's
master plan.
   (c) Owners of all general acute care hospitals may be granted a
one year allowance from the requirements of subdivision (b) by the
office if they demonstrate a need for more time to prepare plans and
compliance schedules for their buildings.
130055.  Within 60 days following the office's approval of the
report submitted pursuant to subdivision (b) of Section 130050,
general acute hospital building owners shall do all of the following:
   (a) Inform the local office of emergency services or the
equivalent agency, the California Office of Emergency Services, and
the office, of each building's expected earthquake performance.
   (b) Include all pertinent information regarding the building's
expected earthquake performance in emergency training, response, and
recovery plans.
   (c) Include all pertinent information regarding the building's
expected earthquake performance in capital outlay plans.
130060.  (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes.  A delay in this deadline may be
granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity.  In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement.
   (2) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:
   (A) Provide public notice of a hospital's request for an extension
of the deadline.  The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C).  The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
   (B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period.  The copies shall
include those records that are available to the public pursuant to
the Public Records Act, Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
   (C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
   (b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
   (2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements.  A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Health Services.  These buildings may be
either on the existing site or a new site.
   (3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category 1
(SPC-1) building.  The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the
requirement in subdivision (a) until January 1, 2013, if the hospital
agrees that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as
follows:
   (A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
   (B) Relocated to a newly-built compliant SPC-5 and NPC-4 or NPC-5
building.
   (C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
   (4) A five-year extension is also provided to a post 1973-building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as a SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013.  The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
   (5) Any SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013.  However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
   (c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b).  To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
   (d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
   (e) Upon compliance with this section, the hospital shall be
issued a written notice of compliance by the office.  The office
shall send a written notice of violation to hospital owners that fail
to comply with this section.
130063.  (a) With regard to a general acute care hospital building
located in Seismic Zone 3 as indicated in the 1995 edition of the
California Building Standards Code, any hospital may request an
exemption from Non-Structural Performance Category-3 requirements in
Title 24 of the California Code of Regulations if the hospital
building complies with the year 2002 nonstructural requirements.
   (b) The office shall determine the maximum allowable level of
earthquake ground shaking potential for purposes of this section.
   (c) To qualify for an exemption under this section, a hospital
shall provide a site-specific engineering geologic report that
demonstrates an earthquake ground shaking potential below the maximum
allowable level of earthquake ground shaking potential determined by
the office pursuant to subdivision (b).
   (d) (1) To demonstrate an earthquake ground shaking potential as
provided in subdivision (c), a hospital shall submit a site-specific
engineering geologic report to the office.
   (2) The office shall forward the report received from a hospital
to the Division of Mines and Geology in the Department of
Conservation for purposes of a review.
   (3) If, after review of the analysis, the Division of Mines and
Geology concurs with the findings of the report, it shall return the
report with a statement of concurrence to the office.  Upon the
receipt of the statement, if the ground shaking potential is below
that established pursuant to subdivision (b), the office shall grant
the exemption requested.
   (e) A hospital building that is eligible for an exemption under
this section shall meet the January 1, 2030, nonstructural
requirement deadline if the building is to be used for general acute
care inpatient services after January 1, 2030.
   (f) A hospital requesting an exemption pursuant to this section
shall pay the actual expenses incurred by the office and the Division
of Mines and Geology.
   (g) All regulatory submissions to the California Building
Standards Commission made by the office for purposes of this section
shall be deemed to be emergency regulations and shall be adopted as
emergency regulations.  This emergency regulation authority shall
remain in effect until January 1, 2004.
130063.1.  Notwithstanding Section 130063, a county-owned general
acute care hospital building is allowed an extension of the
Non-structural Performance Category-2 requirements of Title 24 of the
California Code of Regulations if all of the following conditions
are met:
   (a) The county submitted the compliance plan on or before January
1, 2001.
   (b) The county submitted the Non-structural Performance Category-2
building plans to the Office of Statewide Health Planning and
Development on or before September 1, 2001.
   (c) The county complies with the year 2002 nonstructural
requirements established by regulation 12 months after receipt of the
building permit approval letter from the Office of Statewide Health
Planning and Development.
130063.2.  Notwithstanding Section 130063, an existing county-owned
general acute care hospital building may receive a one-year extension
of the January 1, 2002, deadline for the Non-structural Performance
Category-2 requirements in Title 24 of the California Code of
Regulations if all of the following conditions are met:
   (a) The existing hospital building is removed from general acute
care service on or before January 1, 2003.
   (b) Construction of the replacement building that will meet the
2030 nonstructural and structural deadline requirements, which
commenced before January 1, 2001, is completed by January 1, 2003.
130065.  In accordance with the compliance schedule approved by the
office, but in any case no later than January 1, 2030, owners of all
acute care inpatient hospitals shall either:
   (a) Demolish, replace, or change to nonacute care use all hospital
buildings not in substantial compliance with the regulations and
standards developed by the office pursuant to the Alfred E. Alquist
Hospital Facilities Seismic Safety Act and this act.
   (b) Seismically retrofit all acute care inpatient hospital
buildings so that they are in substantial compliance with the
regulations and standards developed by the office pursuant to the
Alfred E. Alquist Hospital Facilities Seismic Safety Act and this
act.
   Upon compliance with this section, the hospital shall be issued a
written notice of compliance by the office.  The office shall send a
written notice of violation to hospital owners that fail to comply
with this section.
130070.  The office shall notify the State Department of Health
Services of the hospital owners that have received a written notice
of violation for failure to comply with either Section 130060 or
130065.  Unless the hospital places its license in voluntary
suspense, the state department shall suspend or refuse to renew the
license of a hospital that has received a notice of violation from
the office because of its failure to comply with either Section
130060 or 130065.  The license shall be reinstated or renewed upon
presentation to the state department of a written notice of
compliance issued by the office.