130061.6.130062.
(a) For the purposes of this section, the following terms have the following meanings:(1) “Rebuild plan” means a plan to meet seismic standards primarily by constructing a new compliant conforming SPC-4D or SPC-5 building for use in lieu of an SPC-1 building.
(2) “Removal plan” means a plan to meet seismic standards primarily by removing acute care service services or beds from the hospital’s license.
(3) “Replacement plan” means a plan to meet seismic standards primarily by relocating acute care service services or beds from noncompliant nonconforming buildings into a compliant
conforming building.
(4) “Retrofit plan” means a plan to meet seismic standards primarily by modifying the building in a manner that brings the building up to SPC-2, SPC-4D, or SPC-5 standards.
(b) All hospitals with seeking an extension for their SPC-1 buildings shall submit a written application to the office by July 1, 2019, that states
to the office an application, in a manner acceptable to the office, by April 1, 2019. At a minimum, the application shall state which of the seismic compliance methods described in subdivision (a) will be used for each SPC-1 building. A hospital that has previously submitted to the office a request for an extension beyond January 1, 2020, based on a rebuild plan, pursuant to subdivision (i) of Section 130060, shall certify that extension request in its application.
(c) Notwithstanding any other law, including, but not limited to,
Section 130061.5, for a A hospital owner that has been granted an extension pursuant to subdivision (g) of Section 130060 or subdivision (b) of Section 130061.5, the office shall grant 130061.5 may request, and the office shall grant, an additional extension of time in order to comply with the requirements of that subdivision, as set forth in this section.
(d) (1) For a hospital that seeks an
extension for compliance based on a
replacement plan or
retrofit plan, the office shall grant an extension of up to 30 months if the owner agrees in writing to submit a construction schedule and obtain a building permit by April 1, 2019. schedule, obtain a building permit, and begin construction by April 1, 2020.
(2)(A)The office may grant an extension of the January 1, 2020, deadline specified in Section 130061.5 as necessary to deal with contractor, labor, or materials delays, if any, experienced by the
hospital.
(B)If an extension is granted pursuant to subparagraph (A), the owner shall submit a modified construction schedule that shall identify at least two major milestones, agreed upon by the hospital and the office, that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.
(2) An application submitted pursuant to subdivision (b) shall include a project schedule with timelines for plan submittal and review, if applicable, obtaining a building permit, and start of construction. The hospital and the office shall identify at least two major
milestones relating to the compliance plan that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.
(3) Failure to submit the construction documents by July 1,
2019, or meet the milestones comply with the requirements described in paragraph (1) or (2), or to meet any milestone agreed to pursuant to this subdivision paragraph (2), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted or the milestones requirements or milestones, respectively, are met.
(4) Final seismic compliance shall be achieved by
July 1, 2022.
(e)(1)For a hospital that seeks an extension for compliance of an SPC-1 building based on a replacement plan, the office shall grant an extension of up to 30 months if the owner agrees in writing to submit a replacement plan by July 1, 2019.
(2)The agreement shall set forth construction schedules, timelines, and major milestones, related to the replacement plan.
(3)Failure to comply with this subdivision or with the terms of the agreement shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the owner complies.
(4)Final seismic compliance shall be achieved by July 1, 2022.
(f)
(e) (1) For a hospital that seeks an extension for compliance based on a rebuild plan, the office shall grant an extension of up to five years if the owner agrees in writing to submit the rebuild plan by July 1, 2020, to submit, in a manner acceptable to the office, by July 1, 2020, the rebuild plan, deemed ready for review, and to submit a construction schedule, obtain a building permit, and begin construction by January 1, 2022.
(2) The construction schedule
hospital and the office shall identify at least two major milestones, agreed upon by the hospital and the office, that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.
(3) Failure to submit the rebuild plan by July 1, 2020, as set forth
in paragraph (1), or failure to submit construction documents or meet the milestones agreed to pursuant to this subdivision by January 1, 2022, comply with the requirements described in paragraph (1) or (4), or to meet any milestone agreed to pursuant to paragraph (2) or (4), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted or the milestones requirements or milestones, respectively, are met.
(4) For a hospital that has previously
submitted to the office a request for an extension beyond January 1, 2020, based on a rebuild plan, pursuant to subdivision (i) of Section 130060, the office may accept certification from the hospital that it has obtained appropriate building permits consistent with an approved incremental plan review and that construction thereunder has commenced and is continuing. The previously approved construction schedule shall be amended to reflect the extension being requested, and at least two new major milestones shall be identified. The owner shall not be required to resubmit construction plans previously submitted to the office, and the office may not impose new or different requirements for any increment already approved or building permit already issued by the office as a condition for granting an extension.
(4)
(5) Final seismic compliance shall be achieved, and a certificate of occupancy shall be obtained, by January 1, 2025.
(f) The office may grant an adjustment to the requirements described in paragraph (1) or (2) of subdivision (d) or paragraph (1) or (4) of subdivision (e), or the milestones agreed to pursuant to paragraph (2) of subdivision (d) or paragraph (2) or (4) of subdivision (e), as necessary to deal with contractor, labor, or material delays, or with acts of God, or with governmental entitlements, experienced by the hospital. If that adjustment is granted, the hospital shall submit a revised construction schedule, and the hospital and the office shall identify at least two new
major milestones consistent with the adjustment. Failure to comply with the revised construction schedule or meet any of the major milestones shall result in penalties as specified in paragraph (3) of subdivision (d) and paragraph (3) of subdivision (e). The adjustment shall not exceed the corresponding final seismic compliance date specified in paragraph (4) of subdivision (d) or paragraph (5) of subdivision (e).
(g) The duration of an extension granted by the office pursuant to this section shall not exceed the maximums permitted by this section. Moreover, within that limit, the extension shall not exceed office shall not grant an extension that exceeds the amount of time needed by the owner to
come into compliance. The determination by the office regarding the length of the extension to be granted shall be based upon a showing by the owner of the facts necessitating the additional time. It shall include a review of the plan and all the documentation submitted in the application for the extension, and shall permit only that additional time necessary to allow the owner to deal with compliance plan issues that cannot be fully met without the extension.
(h)No extension shall be granted pursuant to this section for SPC-1 facilities unless the owner has submitted to the office, by January 1, 2018, a ready-for-review retrofit plan or replacement plan.
(i)
(h) An extension shall not be granted pursuant to this section for seismic compliance based upon a removal plan.
(j)A
(i) In lieu of the reporting requirements described in Section 130061, 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 office shall post the status reports on its Internet Web site.
(j) Before June 1, 2019, the office shall provide the Legislature with an inventory of the SPC category of each hospital building. A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(k) Notwithstanding any other law, any fines
penalties assessed pursuant to this section shall be deposited into the General Fund following a determination on appeal, if any. A hospital assessed a fine
penalty pursuant to this section may appeal the assessment to the Hospital Building Safety Board, provided the hospital posts the funds for any fines penalties to be held by the office pending the resolution of the appeal.
(l) The office may promulgate emergency regulations as necessary to implement this section.