An Administrator's Guide to California Private School Law

Chapter 17 – Construction

conforms with the plans and specifications before the local government agency or building department will issue a Certificate of Occupancy. 2279 In late 2014, the City and County of San Francisco passed a comprehensive seismic evaluation mandate for all private schools. 2280 All San Francisco-based private schools were required to conduct a seismic evaluation of their facilities and submit a seismic evaluation report prepared by a licensed structural engineer by November 1, 2017. 2281 This mandate does not require schools to perform needed retrofits. However, schools will best protect their students and employees by repairing facilities found to be seismically unsafe. Although this mandate is only for San Francisco-based private schools, other cities and counties may implement similar seismic evaluation mandates. LCW Practice Advisor

The Safety Act does not apply to private school structures built before July 1, 1987. 2282 Schools should, however, continue to ensure the safety of students by ensuring all student-used buildings are safe for all occupants. Schools must also have an enforcing agency review and provide written approval for any plans and specifications proposing to construct, reconstruct, or alter a swimming pool or related auxiliary structure or equipment. The enforcing agency must provide this approval before the issuance of any required building, plumbing, or electrical permits. 2283

LCW Practice Advisor

B. P LAYGROUND E QUIPMENT I NSTALLATION AND I NSPECTION Private schools have a duty to ensure that all new or replacement playground equipment is safe for all students and members of the public. When designing and installing a new playground, or replacing or updating existing playground equipment, schools must ensure they, and their design team, conform to the playground-related standards set forth by the American Society for Testing and Materials (“ASTM”) and the playground-related guidelines set forth by the United States Consumer Product Safety Commission (“USCPSC”). 2284 A “playground” includes any outdoor area meant for play between children aged six months to 12 years intended to be used as an athletic playing field or court, and includes any playground equipment, fall zones, surface materials, access ramps, and other areas within designated playground enclosures. 2285 The USCPSC believes that compliance with its Public Playground Safety Handbook, along with the technical information in the ASTM standards for public playgrounds, will contribute to greater playground safety. 2286 To ensure compliance with the ASTM and USCPSC standards and guidelines, schools must have a playground safety inspector, certified by the National Playground Safety Institute, conduct an initial inspection of a new playground, or an inspection of any replaced or new playground equipment. 2287 If a school builds a new playground, replaces existing playground equipment, or

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