C2A-KS19 Flashcards
Knowledge of other California special regulations relevant to design and construction (e.g., water regulations, California Coastal Act, California Clean Air Act, California Public Contract Code, Field Act, Hospital Facilities Seismic Safety Act).
Clean Water Act
(Federal Act, under Federal EPA)
-establishes the basic structure for regulating discharges of pollutants into he water of the US and regulating quality standards for surface waters
California Water Code
-main purpose is to provide protection of water allocation and protection of surface and underground water sources
CA Water Plan
administered Cby Dept. of Water Resources
- collaborative planning framework for elected officials, agencies, tribes, water and resource managers, businesses, academia, stakeholders, and public to develop findings and recommendations and make informed decisions for CA’s water future
- updated every 5 years
State water Resources Control Board
- State agency
- mission: to preserve, enhance and restore the quality of CA’s water resources, and ensure their proper allocation and efficient use of the benefit of present and future generations
-9 Regional water quality control boards
-9 Regional water quality control boards
- North Coast Region
- San Francisco Bay Region
- Central Coast Region
- Los Angeles Region
- Central Valley Region (Redding, Sacramento, Fresno)
- Lahontan (S. Lake Tahoe, Victorville)
- Colorado River Basin Region
- Santa Ana Region
- San Diego Region
California Coastal Act
- one of the 29 Codes under California Law
- managed by two state agencies: California Costal Commission and Bay Conservation and Development Commission (BCDC)
- these two agencies administer the Costal Zone Management Act (CZMA) (federal Act)
True or False. the coastal zone established by the Coastal Act includes the San Francisco Bay
False
The costal act does not include include the San Francisco Bay, where development is regulated by the Bay Conservation and Development Commission (BCDC)
Define California Coastal Zone
- generally extends 1000 yards. inland from the mean high tide line
- in significant coastal estuarine habitat and recreational areas, it extends inland to the first major ridgeline or five miles from the mean high tide line, whichever is less
- in developed urban areas, the boundary is generally less than 1000 yards
Define the Coastal Zone for the San Francisco Bay Conservation Development Commision
- includes open water, marshes and mudflats of greater SF Bay
- areas 100 feet inland from the line of highest tidal action
- the boundary also includes Suisun marsh and buffer zone: managed wetlands diked off from the Bay, and open water diked off from the Bay used in salt production
Federal Clean Air Act
- FCCA (federal act)
- forms basis for the national air pollution control effort
- provides that the state has primary responsibility for meeting ambient air quality standards in all areas of the state
CA Contract Code
- one of CA codes
intent:
- clarify law with respect to competitive bidding requirements
- to ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds
- to provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices
- to eliminate favoritism, fraud, and corrupution in the awarding of public contracts
responsible bidder
-bidder who has demonstrated the attribute of trustworhiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract
Field Act
act that protects children and staff from death and injury in public schools K-14 and protect the public’s investment in school buildings during and after earthquakes
- applies to public schools K-12 and community colleges
- DSA is jurisdictional authority and approves drawings and specs
Hospital Facilities Seismic Safety Act
establishes 3 seismic safety deadlines:
1 .major non-structural systems such as back up generators, exit lighting, etc. must be braced
- by 2013. all general acute-care inpatient buildings at risk of collapsing during a strong earthquake must be rebuilt, retrofitted, or closed (city of county owned hospital have the opportunity to request an extension to 2020, provided they rebuild the facility)
- by 2030 all hospital buildings in the state must be operational following a major earthquake
What agency enforces Hospital Facilities Seismic Safety Act?
Office of Statewide Health Planning and Development (OSHPD)
How is the Coastal Act Administered? (From the California Coastal Commission’s Website)
Development within the coastal zone may not commence until a Coastal Development Permit has been issued by either the Commission or a local government that has a
Commission-certified local coastal program.
Local Coastal Programs (LCPs)
basic planning tools used by local governments to guide development in the coastal zone, in partnership with the Coastal Commission. LCPs contain the ground rules for future development and protection of coastal resources in the 76 coastal cities and counties. The LCPs specify appropriate location, type, and scale of new or changed uses of land and water. Each LCP includes a land use plan and measures to implement the plan (such as zoning ordinances). Prepared by local government, these
programs govern decisions that determine the short- and long-term conservation and use of coastal resources. While each LCP reflects unique characteristics of individual local coastal communities, regional and statewide interests and concerns must also be addressed in conformity with Coastal Act goals and policies. Following adoption by a city council or county board of supervisors, an LCP is submitted to the Coastal Commission for review for consistency with Coastal Act requirements.
After an LCP has been finally approved, the Commission’s coastal permitting authority over most new development is transferred to the local government, which applies the
requirements of the LCP in reviewing proposed new developments. The Commission retains permanent coastal permit jurisdiction over development proposed on tidelands, submerged lands, and public trust lands, and the Commission also acts on appeals from certain local government coastal permit decisions. The Commission reviews and approves any amendments to previously certified Local Coastal Programs.
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Public Access
-Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the
use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation
-Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where:
inconsistent with public safety, military security needs, or protection of
fragile coastal resources
-Public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Recreation
-Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses
-Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or
commercial recreational activities that could be accommodated on the property is already adequately provided for in the area
-Oceanfront land that is suitable for coastal dependent aquaculture shall be protected for that use, and proposals for aquaculture facilities located on those
sites shall be given priority, except over other coastal dependent developments or uses
-Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Marine Environment
-Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate for long- term commercial, recreational, scientific, and educational purposes
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Land Resources
-Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas
-Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which
would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas
-The maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the areas’ agricultural economy, and conflicts shall be minimized between agricultural and urban land
uses
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Development
-New residential, commercial, or industrial development shall be located within, contiguous with, or in close proximity to, existing developed areas able to
accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse
effects, either individually or cumulatively, on coastal resources
Land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area
have been developed and the created parcels would be no smaller than the average size of surrounding parcels
-Visitor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of
attraction for visitors
-The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and
designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas
The location and amount of new development should maintain and enhance public access to the coast
-Minimization of adverse impacts
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Development
Minimization of adverse impacts - New development shall do all of the following:
-Minimize risks to life and property in areas of high geologic, flood, and fire hazard
-Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective
devices that would substantially alter natural landforms along bluffs and cliffs
- Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development
- Minimize energy consumption and vehicle miles traveled
- Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses
Chapter 3 of the California Coastal Act — Coastal Resources Planning and Management Policies
Industrial Development
- Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites
- Where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted:
- alternative locations are infeasible or more environmentally damaging
- to do otherwise would adversely affect the public welfare
- adverse environmental effects are mitigated to the maximum extent feasible
What Types of Development Require a Coastal Development Permit?
- Quick Summary (From the California Coastal Commission Brochure)
i. placement of any solid material or structure
ii. change in land use density or intensity (including any land division)
iii. change in intensity of water use or access to water
iv. removal of major vegetation - From the Coastal Act (Section 30601)
i. Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of
the sea where there is no beach, whichever is the greater distance
ii. Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff
iii. Any development which constitutes a major public works project or a major energy facility
Coastal Development Permit Not Required for (Section 30610);
- Improvements to existing single-family dwellings
- Improvements to any structure other than single-family residence or public works facility provided the improvements do not adversely affect the environment, public access, or involve a change in use contrary to the California Coastal Act
- Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers
- Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities provided there are no adverse impacts to the environment
- Any category of development, or any category of development within a specifically defined geographic area, that the commission, after public hearing, determines there are no significant adverse environmental impacts
- The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development provided no significant environmental impacts are found, including scenic resources
- The replacement of any structure, other than a public works facility, destroyed by a disaster
- Any activity anywhere in the coastal zone that involves the conversion of any existing multiple unit residential structure to a time-share project
- Any proposed development which the executive director finds to be a temporary event which does not have any significant adverse impact upon coastal resources
Coastal Development Permit Not Required for (Section 30610);
Exemptions for Single Family Residences (Section 30610.1)
- It is not located between the first public road and the sea or immediately adjacent to the inland extent of any beach or of the mean high tide line where there is no beach
- Is a legal lot as of the effective date of this section and conforms with the minimum lot size and lot use designations of the applicable general plan and zoning ordinances
- Is not located within an area known to the affected local government, or designated by any other public agency, as a geologic hazard area or as a flood hazard area
- Is no more than 250 feet from an existing improved road adequate for use throughout the year
- Can be served by an adequate water supply that is legally available for use either by means of a well or by means of a connection to a water system with sufficient capacity to serve such lot or lots
California Clean Air Act
-The Federal Clean Air Act (FCAA) is the federal law passed in 1970, and last amended in 1990, which forms the basis for the national air pollution control effort. Basic elements of the act include national ambient air quality standards for major air pollutants, hazardous air pollutants
standards, state attainment plans, motor vehicle emissions standards, stationary source emissions standards and permits, acid rain control measures, stratospheric ozone protection, and enforcement provisions.
Section 107 of the federal Clean Air Act provides that the state has primary responsibility for meeting ambient air quality standards in all areas of the state, and that the means to achieve the standards shall be set out in the state implementation plan, or SIP
Section 116 of the federal Clean Air Act preserves the right of states to adopt air pollution control requirements that are more stringent than comparable federal requirements. Moreover, the recent revisions to the federal new source review regulations provide that the
states may adopt permitting programs that are “at least as stringent” as the new federal revised base program,” and that the federal regulations “certainly do not have the goal of ‘preempting’ State creativity or innovation.” (67 Fed. Reg. 80241 (Dec. 31, 2002))
-The California Clean Air Act was signed into law in 1988 and clearly spells out California’s air quality goals, planning mechanisms, regulatory strategies, and standards of progress. The California Clean Air Act provides the State with a comprehensive framework for air quality planning regulation. Prior to passage of the Act, federal law contained the only comprehensive
planning framework
The California Clean Air Act provides the basis for air quality planning and regulation independent of federal regulations. A major element of the Act is the requirement that local air districts in violation of the California Ambient Air Quality Standards must prepare attainment
plans that identify air quality problems, causes, trends and actions to be taken to attain and maintain California’s air quality standards by the earliest practicable date.
California Public Contract Code
- Governed under California Law, the California Public Contract Code is an entire code (remember
the list we looked at in Knowledge Statement #17?) - Intent;
- To clarify the law with respect to competitive bidding requirements
- To ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds
- To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices.
- To eliminate favoritism, fraud, and corruption in the awarding of public contracts.
- To encourage competition for public contracts and to aid public officials in the efficient
administration of public contracting, to the maximum extent possible, for similar work performed
for similar agencies, California’s public contract law should be uniform
California Public Contract Code
Highlights;
- Controls most public contract work
- Requires competitive bidding
- Provision/procedures for alternates
- Provision/procedures for additional costs
- Requires bidders to obtain performance bonds — guarantee the faithful performance of contract by the general contractor
- Requires bidders to obtain payment bonds — secure payment of the claims of laborers,
subcontractors, vendors, and material suppliers - Bidders must complete the prequalification process
- Provision/procedures for value engineering
- Must utilize equal or open specifications with the following minor exceptions:
- product is a field test or experiment to tests the product’s viability
- to match another product already used in a public project
- if specified item is only available from one source
- in order to respond to an emergency declared by state or local agency - Must be advertised publicly
- Bids must be opened publicly
- Contract awarded to the lowest qualified/responsible bidder
Field Act
-In 1933 the lateral force resistant design of public schools, as well as other buildings throughout
the state, was based on estimated wind loads. Engineers assumed that buildings designed to withstand wind forces would also be able to withstand earthquake forces. The magnitude 6.3 Long Beach Earthquake of March 10, 1933 destroyed 70 schools and another 120 schools
suffered major structural damage. Luckily, the earthquake occurred when the buildings were unoccupied. Hundreds of children might have perished if the earthquake had occurred only a few hours earlier.
Excerpt from the Department General Services website
-Enacted in 1933 after the Long Beach earthquake
The Field Act is governed under the Education Code, Section 17280, 17365, & 81130)
- Purpose: To protect children and staff from death and injury in public schools grades K-14 and protect the public’s investment in school buildings during and after earthquakes
- Applies to public schools K-12 and community colleges
Per Field Act
Division of the State Architect is jurisdictional authority
- Plans & Specifications are reviewed and approved by the Division of the State Architect (we’ll review this agency in Category 11B) including review of structural, fire & life safety, and accessibility
- Architect, referred to as “Design Professional in General Responsible Charge”, is required to provide Construction Administration Services
- Changes to drawings and specifications must be approved by DSA
- The project owner (school or community college district) must hire a DSA-certified inspector to oversee construction
- Conclusion of construction, design professionals, inspector, and contractor shall submit verified reports with DSA indicating work has been performed in compliance with approved plans and specifications
Hospital Facilities Seismic Safew Act
- Seismic safety legislation — Seismic Retrofit Program SB 1953 was passed by the California
Legislature in 1994 following the Northridge earthquake - Northridge earthquake caused 23 hospitals to suspend some or all of their services
- Establishes Three seismic safety deadlines
- by 2002 — major non-structural systems such as back up generators, exit lighting, etc must be braced
- by 2013 (originally 2008) — all general acute-care inpatient buildings at risk of collapsing during a strong earthquake must be rebuilt, retrofitted or closed. City or County owned hospitals have the opportunity to request an extension to 2020, provided they rebuild the facility
- by 2030 — all hospital buildings in the state must be operational following a major earthquake Enforced by Office of Statewide Health Planning and Development (OSHPD)
Typical checklist issues for the fire marshal and life safety officers should include the following:
- Head of wall details that provide 100% Class II movement
- Resolution of the “T” rating requirement for through-slab penetrations such as floor sinks, floor drains, piping not contained within walls, etc.
- Treatment of listed floor slab assemblies that use rebar in lieu of wire mesh
- Fire-rated details for edge of slab that match the listing
- Doors that must open 180° because they open into an 8-foot corridor
OSHPD reviews fire sprinkler and standpipe installations, for compliance with the minimum requirements
of NFPA Standard No. 13-2010, NFPA Standard No. 14-2007 and NFPA Standard No. 24-2010. OSHPD does
not review projects for compliance with local fire flow, hydrant spacing, connection and control valve configuration, or location requirements.
