OSHPD-3 Plan Review in California- Who can perform beyond the state? 2010 CBC

In California, there is a process that allows for "Free Standing Specialty Clinics" (H&S Code 1200) to be reviewed by a local Building Jurisdiction when the building owner requests such review and the local jurisdiction accepts the OSHPD-3 review and certification.

This would be a process in lieu of going through the state, OSHPD.

1) What are the qualifications of the reviewing individual(s) if the local jurisdiction accepts the review and certification for OSHPD-3 requirements? What statues or codes, if any, "specifically" state such requirements?

2) If the local jurisdiction is unwilling to accept providing for OSHPD-3 review, for whatever reason, can the building owner retain a third party individual or company to provide for the OSHPD-3 review and certification. If no, why not?

3) If the local jurisdiction is unwilling to provide for OSHPD-3 review, does the building owner have to use the state, OSHPD, and there is no other recourse?

Thank you.


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What a convoluted piece of flow chart!!

Going directly into scope and authorities in '10 CBC vol 1 ch 1; item 13 says OSHPD has the regulatory authority and additional scope provisions are in 1.10.

1.10.3 states the enforcing agency is the local building dept. It appears the local bldg dept could ask for OSHPD help if they desire but the project is definitely theirs for plan review and inspections. So now on to the questions:

1) Qualifications would be what the local government deems adequate by their policy or muni/county ordinances relating to personnel qualifications. There are some state laws that I am a bit rusty on remembering that require certain certifications or qualifications for construction inspecting. CALBO has the line on that subject if you need to verify statutes.

2) The building owner can retain a 3rd party review company. There are provisions in the CA health and safety code that it is an option if the jurisdiction allows and can be forced if the jurisdiction doesn't perform in a specified period. Rusty memory thinks that 90days is in the H&S code.

3) It does not appear mandatory to use the state. However, if the local jurisdiction cannot perform or will not perform, then the State can through due process enforce the building codes (quite a sticky situation a la Mendocino County circa 1985). Reasonably the local jurisdiction should allow a trusted third party plan review and be within their authority per CBC 1.10.3; it appears there is recourse to the state only option.

Good Luck!!

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