An Administrator's Guide to California Private School Law

Chapter 17 – Construction

establishes the required procedures to provide earthquake safety and other protections to private school students. The Safety Act requires that schools provide their students adequate life safety protection by having all of the following:

 Structures designed and constructed in a manner that minimizes fire hazards and resists the forces generated by earthquakes, gravity, and winds to the extent necessary to ensure the safety of occupants.  Structural systems and details set forth in working drawings and specifications that qualified personnel from responsible enforcement agencies review carefully. The school must also ensure careful inspection during construction.  Procedures for the design and construction of those private school structures that will be subjected to qualified design review and construction inspection.  A design and construction process that adequately considers nonstructural components, including, but not limited to, ceiling systems, electrical equipment, and mechanical equipment, to assure that they will not detract from occupant safety in the event of an earthquake. 2269

For purposes of the Safety Act, a “private school structure” is any building used for educational purposes by 50 or more persons for more than 12 hours a week, or 4 hours in any one day. 2270 Certain wood frame private school structures that are one-story and 2,000 square feet or less are exempt from the Safety Act. 2271 A responsible and licensed architect, civil engineer, or structural engineer must prepare and sign all drawings and specifications for “private school structures.” 2272 The school must submit the design calculations, complete drawings and specifications, and soil analyses for the private school structure to the appropriate enforcement agency for approval. 2273 The enforcement agency is the city, city and county, or county responsible for building safety. 2274 Schools may not begin construction of a private school structure until the school receives approval from the enforcement agency. 2275 LCW Practice Advisor

Schools must have “private school structure” plans pre-approved by the city, city and county, or county responsible for building safety within its jurisdiction to ensure compliance with the Safety Act before construction begins. Any person who willfully violates this requirement is guilty of a misdemeanor. 2276

The enforcement agency may require the school to hire a qualified inspector to conduct special inspections during construction to ensure compliance with the Safety Act. 2277 The enforcement agency requires the project’s structural engineer to make periodic reviews of construction to observe the contractor’s and school’s compliance with the approved plans and specifications, and change orders. 2278 The engineer of record must declare that the constructed project substantially

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 549