Section 1276.05 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1276.05
. (a) The Office of Statewide Health Planning and
Development shall allow any general acute care hospital facility that
needs to relocate services on an interim basis as part of its
approval plan for compliance with Article 8 (commencing with Section
130000) or Article 9 (commencing with Section 130050) in the Alfred
E. Alquist Hospital Facilities Seismic Safety Act of 1983 (Chapter 1
(commencing with Section 129675) of Part 7 of Division 107)
flexibility in achieving compliance with, or in substantial
satisfaction of the objectives of, building standards adopted
pursuant to Section 1276 with regard to the use of interim space for
the provision of hospital services, or both, on a case-by-case basis
so long as public safety is not compromised.
(b) The state department shall allow any facility to which
subdivision (a) applies flexibility in achieving compliance with, or
in substantial satisfaction of, the objectives of licensing
standards, or both, with regard to the use of interim space for the
provision of hospital services, or both, on a case-by-case basis so
long as public safety is not compromised.
(c) Hospital licensees, upon application for program flexibility
under this section, shall provide public notice of the proposed
interim use of space that houses at least one of the eight basic
services that are required in a general acute care hospital in a
manner that is likely to reach a substantial number of residents of
the community served by the facility and employees of the facility.
(d) No request shall be approved under this section for a waiver
of any primary structural system, fire and life safety requirements,
or any requirement with respect to accessibility for persons with
disabilities.
(e) In approving any request pursuant to this section for
flexibility, the office shall consider public comments.
(f) The state department shall establish a unit with two statewide
liaisons for the purposes of the Alfred E. Alquist Hospital
Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with
Section 129675) of Part 7 of Division 107), to do all of the
following:
(1) Serve as a central resource for hospital representatives on
licensing issues relative to Article 8 or Article 9 in the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983 and provide
licensing information to the public, upon request.
(2) Serve as liaison with the Office of Statewide Health Planning
and Development, the State Fire Marshal, the Seismic Safety
Commission, and other entities as necessary on hospital operational
issues with respect to Article 8 or Article 9 in the Alfred E.
Alquist Hospital Facilities Seismic Safety Act of 1983.
(3) Ensure statewide compliance with respect to licensing issues
relative to hospital buildings that are required to meet standards
established by Article 8 or Article 9 in the Alfred E. Alquist
Hospital Facilities Seismic Safety Act of 1983.
(4) Process requests for program flexibility under subdivision
(a).
(5) Accept and consider public comments on requests for
flexibility.
(g) Each compliance plan, in providing for an interim use of space
in which flexibility is requested, shall identify the duration of
time proposed for the interim use of the space. Upon any amendment of
a hospital's approved compliance plan, any hospital for which a
flexibility plan has been approved pursuant to subdivision (a) shall
provide a copy of the amended plan to the State Department of Health
Services within 30 days.