BACKGROUND:

The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (HFSSA) is the legislature that demands hospital buildings that house patients who have less ability of than normally healthy persons to protect themselves, and that must be reasonably capable of providing services to the public after a disaster.

HFSSA replaces local jurisdictions to enforce all building standards established in the CBC building code subject to the regulation of hospital buildings, acute psychiatric hospitals, skilled nursing facilities, intermediate-care facilities and under certain circumstances, some clinics as stipulated in the California Health and Safety Code (H&SC).

The Department of Health Care Access and Information (formally OSHPD) is the leading agency to enforce these regulations for these medical facilities, including plan checking and inspection of the design and details of the architectural, structural, mechanical, plumbing, electrical, and fire and panic safety systems, and the observation of construction.

For more information about the jurisdictional boundaries between construction and site improvements under HCAI authority & facilities under local authorities, refer to CA 1-7-103.

The following breakdown of OSHPD designations explain facilities level of code enforcement:

Hospitals (OSHPD 1):
The California Health & Safety Code requires the take over of plan review and approval and construction inspection from local jurisdiction. This places HCAI as the authorized agency to review and inspect these facilities. These facilities include: general acute care hospitals, acute psychiatric hospitals, and general acute care hospitals providing only acute medical rehabilitation center services. It is allowed for some hospital facilities to have some of their structures fall under the jurisdiction of HCAI, and some under the jurisdiction of local building authorities.

Skilled Nursing Facilities (OSHPD 2):
“OSHPD 2” follows similar requirements for hospital buildings (OSHPD 1) in the review process and code compliance requirements. The California Health & Safety Code requires the take over of plan review and approval and construction inspection from local jurisdiction. This places HCAI as the authorized agency to review and inspect these facilities.

Clinics (OSHPD 3):
“OSHPD 3”, HCAI is only responsible for enforcing building standards, however, plan review and approval and construction inspection is conducted by the local building officials. These facilities include: out-patient clinical services, primary-care clinics, and specialty clinics.

Correctional Treatment Centers (OSHPD 4):
Similar to “OSHPD 3”, HCAI is only responsible for enforcing building standards. HCAI relinquishes authorities for plan review and approval and construction inspection to local building officials. These facilities include: hospital buildings prepared by, or on behalf of, the Department of Corrections, Department of Youth Authority, or law enforcement of any city and/or county. In addition, in lieu of review and approval, any such department, city or county certifies to OSHPD that their plans and construction are in concord with applicable building code standards.

Psychiatric Hospitals (OSHPD 5):
Similar to “OSHPD 3 & 4”, local jurisdiction is the responsible agency for the plan review and approval and construction inspection. These facilities include Acute Psychiatric Hospital.

For more information regarding these classifications and jurisdiction boundaries, visit HCAI website at: https://hcai.ca.gov/facilities/building-safety/codes-and-regulations/