DSA Advisory Board: Policies & Procedures

October 2005

1. Scope
2. Duties
3. Membership Criteria
4. Roles and Responsibilities
5. Executive Director
6. Meetings
7. Committees
8. Committee Task Groups: Formation and Operation
9. Review Proceedings
10. Quorum
11. Voting
12. Authorized Spokespersons
13. Conflict of Interest
14. Compensation and Travel Reimbursement

1. Scope

   The State Architect may appoint an advisory board (Board) whose duty is to serve in an advisory capacity to the Division of the State Architect (DSA) concerning technical or structural matters in reference to regulations and requirements pertaining to the administration of the Field Act.

   This Board shall also act as a board of review to which an appeal can be made by school boards, architects, structural engineers, or other interested parties in case of disagreement with the decisions, rulings or actions of the DSA.

   The governing provisions for the Board are found in the State Building Standards Administrative Code, of the California Codes and Regulations (CCR), Title 24, Part 1, Section 4-355.

2. Duties

   The Board advises the State Architect in all matters relating to the administration and enforcement of building standards relating to the design, construction, alteration, and safety of K-14 public schools and the design and construction of public buildings under DSA jurisdiction.

   The Board, through its membership and committees, maintains continual contact with representative professional groups, stakeholder groups, and industry organizations. In this manner, the Board is kept apprised of current information related to all matters under the jurisdiction of the DSA.

   The Board serves at the pleasure of the State Architect and the Committees serve at the pleasure of the Board Chair.

   All actions of the Board shall be transmitted in writing, on a regular basis, to the State Architect.

3. Membership Criteria
   
   
   1. Board members serve the people of California. As such, their role includes their commitment for full participation in the Board's meetings and activities.
   2. Unless superceded by Title 24, Part 1, the Board shall consist of:
      1. Sixteen (16) members appointed by the State Architect that represent disciplines:
         Two (2) shall be structural engineers
         Two (2) shall be architects
         One (1) shall be a geotechnical engineer
         One (1) shall be a general contractor
         One (1) shall be a local building official
         One (1) shall be an electrical engineer
         One (1) shall be a mechanical engineer
         Two (2) shall be school district personnel
         One (1) shall be a project inspector
         One (1) shall be a fire and life safety representative
         One (1) shall be a member representing individuals with disabilities
         Two (2) shall be members of the general public
      2. Up to three (3) Ex Officio members appointed by the State Architect. Ex Officio members serve until appointment of their successors by the State Architect.
      3. Eight (8) State Agency Representative members on the Board who shall be the following:
         State Architect
         State Geologist
         Executive Director, California Seismic Safety Commission
         State Superintendent of Public Instruction
         Chancellor, California Community Colleges
         Director, Office of Statewide Health Planning and Development
         Deputy Director, Department of General Services, Real Estate Services Division
         State Fire Marshal
   3. Selection Criteria
      Appointed members, except for the two members that represent the general public and the appointed ex officio members, shall be qualified by close connection with public school and State building design and construction. They shall be appointed from nominees recommended by the governing bodies of California-based professional organizations representing school districts, architects, engineers, construction inspectors, construction managers, consultants and facility planners, contractors, building officials, accessibility compliance and fire and life safety representatives.
   4. Terms
      Each appointed Advisory Board member shall serve a term of four years and hold office until the qualification and appointment of their successor or until one year has elapsed since the expiration of the term for which they were appointed, whichever first occurs. No person shall serve as an appointed member of the Board for more than two consecutive terms.
      The State Architect may remove any member of the Board for neglect of duty, non-participation or other just cause.
   5. Residence Requirement
      All Advisory Board members shall be residents of California.
   6. Resignation
      When a member resigns from the Board, the member shall send a letter of resignation to the State Architect, noting the effective date of the resignation. A copy of the letter shall be sent to the Board Chair. In the event of a resignation, death, or removal of any member by the State Architect, the State Architect may appoint a new member to fill the vacancy in accordance with III. C.
   
   
4. Roles and Responsibilities
   
   
   1. Members:

      Members shall attend meetings of the Advisory Board, serve on committees and perform other functions as assigned by the Chair. For Quorum considerations, if a Board member is unable to attend Advisory Board or assigned committee meetings, the member shall contact the Board's Executive Director or designated staff as soon as possible, and at least 48 hours before the scheduled meeting.

      Committee members that are non-board members may be appointed by the Board Chair for the purpose of meeting subject-matter expert needs. When appointing, criteria identified in III.C. should be used.

   2. Board Chair and Vice Chair Selection and Responsibilities
      
      
      1. Selection Process

         Candidates for Chair and Vice Chair of the Board are nominated by an ad hoc Nominating Committee. The Nominating Committee shall be comprised of two voting Board members appointed by the existing Board Chair at least 30 days before the election.

         Nominees for Board Chair and Vice Chair shall be appointed members with at least two years remaining of their four-year terms. They shall be elected by a majority of the appointed Board members and each serve a two-year term.

         The Board Chair and Vice Chair shall be selected at the last quarterly meeting of the calendar year in which their terms expire and shall serve no more than two consecutive terms. The Board Chair and the Vice Chair shall assume office on January 1 of the following year. At the first Board meeting upon assuming office, the Board Chair shall present a list of Committees, Committee scope and membership to the Board for its approval.

      2. Board Chair Duties

         The Board Chair has the following duties:

         1. Calls all meetings
         2. Serves as presiding officer
         3. Approves Board meeting agendas
         4. Designates Committees
         5. Dissolves or appoints additional committees (subject to Board approval)
         6. Appoints Committee Chairs and membership
         7. Appoints technical consultants, as appropriate, to serve on Appeals or Ad Hoc Committees
         8. Works in consultation with the Board's Executive Director and the State Architect.
   3. Board and Committee Vice Chairs:

      Shall preside at Board or Committee meetings in the absence of the Board or Committee Chair(s).

   4. Committee Chair Duties

      Each committee Chair shall be a Board member and be appointed by the Chair of the Board. Committee Chairs:

      1. Carry out Committee assignments from the Board Chair.
      2. Designate a Vice Chair for the committee.
      3. Assists DSA staff to develop the Committee meeting agenda.
      4. Conduct Committee meetings and present a report of the Committee's proceedings and resulting motions for approval at quarterly Board meetings.
      5. Review the all Committee minutes or assigns another member of the Committee to do so.

   
   
5. Executive Director

   The Board shall be served by DSA through an Executive Director and staff sufficient to conduct meetings and other business of the Board.

   The Executive Director is the primary DSA contact regarding Board activities including all review matters that may come before the Board.

   
   
6. Meetings

   In accordance with Government Code, Sections 11120 through et seq., all meetings are open to the public as required by the Bagley Keene Open Meeting Act.

   Unless otherwise specified, public meeting procedures will follow the Bagley Keene Open Meeting Act and the latest edition of Roberts Rules of Order.

   • Regular Board, Committee and Task Group Meetings
     The Board and Committees convene upon call of the Chair and usually meet on a quarterly basis. The meetings may be held in various locations within the state. Task Group meeting dates shall be set by Committee Chairs and shall be scheduled in conjunction with Committee meetings.
     
     
   • Special Meetings
     The Board Chair may call special meetings at any time for any specific business. Special meetings, such as appeals, are convened at a location selected by the Chair.
     
     
   • Meetings Held Via Teleconference
     Teleconference for meetings shall only be applied in unusual circumstances and shall not replace a regularly scheduled Committee or Board meeting. No Quarterly Board meeting or appeal hearing shall be conducted via teleconference. Under no circumstances should a teleconference meeting exceed one hour.
     
     
   • Emergency Meetings
     The Chair may call a meeting in emergency circumstances by providing telephone notice to media outlets at least one hour prior to the meeting. An "emergency" situation includes a disaster which severely impairs the public's health or safety. In the event telephone services are not working, notice must be given as soon as possible after the meeting.
     
     
   • Meeting Notices
     Notice of any public Board or its Committee's meetings (including appeal hearings) and their agendas shall be made available to all members, interested parties and to any person who so requests, at least ten days in advance of the meeting by e-mail and by posting on the DSA Internet site.
     
     
   • Agendas
     
     
     • Board and Committee Chairs should submit agenda items to the Executive Director of the Board at least 21 days prior to a scheduled Board or Committee meeting.
     • The agenda must provide a description of each item of business to be transacted or discussed so that interested members of the public will be capable of understanding the nature of each agenda item.
     • As a general rule, only those items appearing on the agenda will be discussed or voted on. However, if an item is raised by a member of the public, the Board or Committee may accept testimony and discuss the item so long as no action is taken until a subsequent Board or Committee meeting.
     • With the Board Chair's concurrence, the Board's Executive Director or designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming Board meetings. Also, so far as practical, copies of all written reports which are to be presented to the Board or Committee for member's review will be included in this package at least ten (10) days before the meeting.
     
     
   • Minutes
     Minutes shall be taken of all Board and its Committee meetings and submitted to the Board for consideration and approval.
     
     
   
   
7. Committees
   
   
   • Committees of the DSAAB:
     
     
     1. Committees are formed to research and make recommendation on special issues or areas to carry out the identified duties of the Board. All Committees shall be reviewed on an annual basis to determine continued need and realignment to priorities of the State Architect.
     2. Except as approved by Board action, the majority of members of a committee shall be Board members.
     3. Committee members serve two year terms with a possibility of renewal. Members with expired terms can serve up to 1 year or until the qualification and appointment of their successor, whichever occurs first.
     4. Committees are ad hoc if they are temporary in nature. Approved ad hoc Committees must have documented goals, deliverables, a timeline, and will cease meeting when these are satisfied.
     5. Committee Chairs may request of the full Board changes in the structure and/or operating procedures of their Committee if they deem it is essential for its effectiveness.
        
        
   • All recommendations of Committees, in the form of motions, shall be conveyed exclusively to the Board for action. Approved motions are forwarded to the State Architect for consideration, approval, or denial. Outcomes are reported back to the Board.
     
   
   
   
8. Committee Task Groups: Formation and Operation
   
   
   1. Formation
      A Task Group under a Committee can be formed following VII.B. All Task Groups are ad hoc and, as such, shall meet VII.A.4. criteria.
      
      
   2. Operation
      Task Groups shall operate as specified in section VI. Meetings except:
      1. Task Groups Chairs shall be selected by the Committee Chair. The Task Group Chair shall be a member of the Committee and take responsibility for assigning a note taker and reporting to the full Committee on the Task Group's progress toward its stated objectives, including dissenting view points.
      2. Task Groups shall operate by consensus.
      3. DSA shall have a technical representative on all Task Groups.
      4. DSA will support accommodations for other than convenience, such as teleconferencing for someone who cannot physically attend due to disability. (Members can submit their contributions in writing by mail or e-mail to Task Group Chairs or DSA Advisory Board staff.)
         
         
   3. Membership
      Membership shall be voluntary (other than the discretion of the Committee Chair, the Board Chair, and the Board's Executive Director).
   
   
9. Review Proceedings
   
   
   1. Law
      1. The Division of the State Architect Advisory Board (Board) shall act as a board of review in matters relating to building projects under the jurisdiction of the Division of the State Architect (DSA) relating to decisions DSA renders in the enforcement of building standards for the design, construction, or alteration of specific public building projects. This may include: structural safety, fire and life safety, alternate means of protection determinations and matters involving accessibility requirements.
   2. Parameters of Reviews
      1. In the event satisfaction has not been reached through DSA's Rapid Interpretation Process #05-03 (RIP), a application for review may be entered by entities submitting building projects for DSA review, hereafter known as the applicant to the Board.
      2. In order to request a review from the Board, applicants shall exhaust all levels of review stated in the RIP .
      3. To be considered, a review shall be filed within three months of a decision rendered by the Code Interpretation Committee as established through the RIP.
      4. Material presented to the Board for review shall include only material submitted through the RIP by the applicant, materials and references used by DSA staff to arrive at a decision, and the decision rendered.
   3. Application for Review
      1. An applicant may submit a written request for the Board to review the decision in question to the attention of the Executive Director of the Board addressed to:
         Division of the State Architect Advisory Board
         1102 Q Street, Suite 5100
         Sacramento, CA 95811
   4. Process for Review
      1. Within ten days of receipt of a written request for review, the Board's Executive Director shall coordinate with the Chair and Members, and provide the applicant with notice of the date, time and place where the review will take place. The Board's review shall take place no later than thirty working days from date the written request was received and be conducted in the form of an ad hoc committee or full Board as determined by the Board's Chair.
      2. The Board's Chair or their designee shall conduct the review process in accordance with the Board's operating procedures. Parties to the review may include the applicant or their designated representative(s) and DSA's Code Interpretation Committee Chair or their representative(s). Applicant's who wish to designate a representative shall submit a letter stating the name of the official designee that will represent them.
      3. The purpose of the Board's review shall be to discuss the decision rendered by the RIP with the intent to resolve the issue. New evidence may not be introduced.
      4. The Board may request additional findings of fact, supporting documents, evidence, or exhibits they deem necessary during the review process to arrive at a conclusion. Reasonable time requested by the applicant or DSA staff to provide the additional evidence shall be provided as determined by the Board.
   5. Decision of the Review
      1. Resolution shall include an action to advise the State Architect to affirm, reverse, amend the original decision rendered, or remand the issue for further study.
      2. If the Board does not remand the issue for further study, the State Architect shall consider the Board's resolution and either confirm, modify or reverse the Board's decision. The State Architect's decision shall be rendered within fifteen working days of the Board's resolution and the decision shall constitute the Department of General Services' final determination.
      3. During the course of the review, should the Board identify a problem with a code, regulation, or practice of DSA, a recommendation may be made to the State Architect for amendment or change consideration.
   6. Remand of Issue
      1. If the Board remands all or a portion of the issues for further study, the Board shall specify the issues or matters to be studied, and propose completion dates for such further study.
      2. Findings and recommendations from further study will be transmitted to all parties to the action prior to the Board's public hearing for decision.
      3. Within 30 days of receipt of the findings and recommendations from further study of the issues, the Board shall convene a public hearing to consider the findings, recommendations and arguments from the applicant. The decision of the Board shall be transmitted as indicated in 5(a) through 5(c).
   7. Rights of the Applicant.
      1. The applicant shall have the right to question potential conflicts of interest of any member of the Board or Ad hoc Committee of the Board reviewing a decision rendered by DSA staff. The presiding Chair will rule on such potential conflict and the ruling shall be entered in the record.
   
   
10. Quorum

    A quorum for a meeting of the Board or any of its Committees will consist of one more than half the voting members and must include at least 2 Board members.

    
    
    
11. Voting
    
    Decisions are reached by a simple majority vote. All voting will be conducted in open meetings, except when in closed session as defined in the Bagley-Keene Open Meeting Act. No issues can be voted upon unless a quorum is present.
    
    
    • Board Meetings
      
      Only Appointed Board members can vote at Board meetings. Appointed Board members shall not delegate their vote entitlement.
      
      State agency representative members, the State Architect, the Board's Executive Director, DSA staff members, and invited guests and members of the audience are not entitled to vote.
      
      
    • Committee Meetings
      
      Board Committee members, and other members appointed to a Committee by the Board Chair, including an Appeals Committee, may vote at Committee meetings.
      
      
    • Voting by Chairs
      
      The Chairs of the Board or Board Committees may participate and vote on all issues.
      
      
    • Proxy
      
      Voting by proxy is not allowed.
      
      
12. Authorized Spokespersons
    
    The Board Chair and Executive Director are authorized spokespersons for the Board. Other Board members may speak on behalf of the Board only upon authorization by the Board Chair or Executive Director.
    
    
13. Conflict of Interest
    
    During committee or Board meetings, members shall abstain from voting when they believe they have a conflict of interest.

    During review proceedings, the applicant has the right to question conflicts of interest of any voting member. The Board Chair shall rule on any potential conflict in appeal matters.

    
    
14. Compensation and Travel Reimbursement
    
    
    • Appointed Board members shall receive no compensation for their services.
    • Eligibility for Reimbursement of Travel Expenses

      The Board Chair shall, to the extent practical, schedule hearings and meetings to minimize travel and per diem costs.

      Payment of expenses to Board and Committee members shall only occur when an Oath of Office is filed with the DSA prior to the time the expenses are incurred.

      DSA shall reimburse reasonable and necessary travel and incidental business expenses to individuals who perform services as appointed members of the Board and its Committees, and consultants appointed by the Board Chair. Only Committee members who attend Task Group meetings as part of their Committee duties shall have their expenses reimbursed.

      Members shall be reimbursed in accordance with current State rules and regulations. Expense claims shall be submitted as required in DSA's travel procedures.

      Transportation expense claims shall include charges essential for transportation to and from the meeting place. Reimbursement shall be made only for the method of transportation which is in the best interest of the state. Travel should be via the shortest, usually traveled route. An explanation is required for any deviation or unusual delay.

      All questions regarding travel should be referred to:

      Division of the State Architect Advisory Board (DSAAB)
      1102 Q Street, Suite 5100
      Sacramento, California 95811
      (916) 327-7230

      Email: dsaab@dgs.ca.gov